60-4,119 Operators' licenses; state identification cards; color photograph or digital image; exception; procedure.
60-4,119. Operators' licenses; state identificationcards; color photograph or digital image; exception; procedure.(1) All state identification cards and operators' licenses, except farmpermits and except as otherwise provided in subsection (2) of this sectionand section 60-4,120, shall include a color photograph or a digital imageof the cardholder or licensee as provided in section 60-484.02. State identificationcards and operators' licenses shall be issued by the county treasurer or theDepartment of Motor Vehicles. The director shall negotiate and enter intoa contract to provide the necessary equipment, supplies, and forms for theissuance of the licenses and cards. All costs incurred by the Department ofMotor Vehicles under this section shall be paid by the state out of appropriationsmade to the department. All costs of taking the photographs or digital imagesshall be paid by the issuer from the fees provided to the issuer pursuantto section 60-4,115.(2) A person who is out of the state at the time of renewal of his orher operator's license may apply for a license without a photograph upon paymentof a fee as provided in section 60-4,115. The license may be issued at anytime within one year after the expiration of the original license. Such applicationshall be made to the department, and the department shall issue the license.(3) Any operator's license and any state identification card issuedto a minor as defined in section 53-103.23, as such definitionmay be amended from time to time by the Legislature, shall be of a distinctdesignation, of a type prescribed by the director, from the operator's licenseor state identification card of a person who is not a minor. SourceLaws 1977, LB 90, § 1; Laws 1978, LB 574, § 3; Laws 1981, LB 46, § 1; Laws 1982, LB 877, § 1; Laws 1984, LB 811, § 3; Laws 1986, LB 575, § 1; Laws 1989, LB 284, § 4; R.S.1943, (1988), § 60-406.04; Laws 1989, LB 285, § 69; Laws 1990, LB 980, § 9; Laws 1993, LB 201, § 1; Laws 1995, LB 467, § 13; Laws 1999, LB 704, § 19; Laws 2001, LB 574, § 13; Laws 2005, LB 1, § 6; Laws 2010, LB861, § 80.AnnotationsApplicant who otherwise qualifies for a motor vehicle license may not be denied such a license for failure to allow her photograph to be taken when the applicant refuses to have photograph taken because of deeply held religious beliefs. Quaring v. Peterson, 728 F.2d 1121 (8th Cir. 1984).