28-3165

28-3165. Nonoperating identification license;
immunity; rules; emancipated minors

A. On receipt of an application from a person who does not have a valid
driver license issued by this state or whose driving privilege is suspended, the
department shall issue a nonoperating identification license that contains a
distinguishing number assigned to the licensee, the full legal name, the date of birth,
the residence address and a brief description of the licensee and either a facsimile of
the signature of the licensee or a space on which the licensee is required to write the
licensee's usual signature with pen and ink. A nonoperating identification license that
is issued to a person whose driving privilege is suspended shall not be valid for more
than one hundred eighty days from the date of issuance.

B. On request of an applicant, the department shall allow the applicant to provide
on the nonoperating identification license a post office box address that is regularly
used by the applicant.

C. A person who is issued a license pursuant to this section shall use it only for
identification purposes of the licensee. The nonoperating identification license does not
grant authority to operate a motor vehicle in this state. The department shall clearly
label the nonoperating identification license "for identification only, not for operation
of a motor vehicle".

D. On issuance of a driver license, the holder of a nonoperating identification
license shall surrender the nonoperating identification license to the department and the
department shall not refund any fee paid for the issuance of the nonoperating
identification license.

E. A nonoperating identification license shall contain the photograph of the
licensee. The department shall use a process in the issuance of nonoperating
identification licenses that prohibits as nearly as possible the ability to superimpose a
photograph on the license without ready detection. The department shall process
nonoperating identification licenses and photo attachments in color.

F. On application, an applicant shall give the department satisfactory proof of the
applicant's full legal name, date of birth, sex and residence address and that the
applicant's presence in the United States is authorized under federal law. The
application shall briefly describe the applicant, state whether the applicant has been
licensed, and if so, the type of license issued, when and by what state or country and
whether any such license is under suspension, revocation or cancellation. The application
shall contain other identifying information required by the department.

G. The department may adopt and implement procedures to deny a nonoperating
identification license to a person who has been deported. The department may adopt and
implement procedures to reinstate a person's privilege to apply for a nonoperating
identification license if the person's legal presence status is restored.

H. A nonoperating identification license issued by the department is solely for the
use and convenience of the applicant for identification purposes.

I. The department shall adopt rules and establish fees for issuance of a
nonoperating identification license, except that the department shall not require an
examination.

J. A person who is sixty-five years of age or older and a person who is a recipient
of public monies as a disabled individual under title XVI of the social security act, as
amended, are exempt from the fees established pursuant to this section.

K. If a person qualifies for a nonoperating identification license and is under the
legal drinking age, the department shall issue a license that is marked by color, code or
design to immediately distinguish it from a nonoperating identification license issued to
a person of legal drinking age. The department shall indicate on the nonoperating
identification license issued pursuant to this subsection the year in which the person
will attain the legal drinking age.

L. If a minor has been emancipated pursuant to title 12, chapter 15, on application
and proof of emancipation, the department shall issue a nonoperating identification
license that contains the words "emancipated minor".