State-Endorsed Digital Identity Program Amendments

69
26B-7-501
32B-1-102
63A-16-1201
63A-16-1202
63A-16-1203
63A-19-501
63A-20-101
63A-20-201
63A-20-202
63A-20-203
63A-20-204
63A-20-301
63A-20-302
63A-20-303
63A-20-304
63A-20-305
63A-20-401
63A-20-501
63A-20-601
63A-20-701
63A-20-702
63A-20-801
63A-20-802
63A-20-901
63I-1-253
0
State-Endorsed Digital Identity Program Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kirk A. Cullimore
House Sponsor: Paul A. Cutler
LONG TITLE
General Description:
This bill creates the State-Endorsed Digital Identity Program.
Highlighted Provisions:
This bill:
defines terms;
establishes a digital identity bill of rights;
creates the State-Endorsed Digital Identity Program within the Department of
Government Operations;
establishes requirements for state-endorsed digital identities;
adds a state-endorsed digital identity as an acceptable form of proof of age;
establishes application and eligibility requirements for obtaining a state-endorsed digital
identity;
establishes identity proofing standards;
establishes requirements for governmental entities, health care providers, digital wallet
providers, verifiers, and relying parties;
creates a duty of loyalty related to processing identity attributes;
provides for complaint and enforcement procedures;
provides for a one-time audit by the Office of the Legislative Auditor General;
provides for coordination with state agencies on use cases for the state-endorsed digital
identity program;
provides for severability;
provides for the repeal of the electronic license certificate or identification card upon
sunset review; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-7-501
, as last amended by Laws of Utah 2025, Chapter 173
32B-1-102
, as last amended by Laws of Utah 2025, First Special Session, Chapter 16
63A-19-501
, as last amended by Laws of Utah 2025, Chapter 475
63I-1-253
, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
ENACTS:
63A-20-101
, Utah Code Annotated 1953
63A-20-201
, Utah Code Annotated 1953
63A-20-202
, Utah Code Annotated 1953
63A-20-203
, Utah Code Annotated 1953
63A-20-204
, Utah Code Annotated 1953
63A-20-301
, Utah Code Annotated 1953
63A-20-302
, Utah Code Annotated 1953
63A-20-303
, Utah Code Annotated 1953
63A-20-304
, Utah Code Annotated 1953
63A-20-305
, Utah Code Annotated 1953
63A-20-401
, Utah Code Annotated 1953
63A-20-501
, Utah Code Annotated 1953
63A-20-601
, Utah Code Annotated 1953
63A-20-701
, Utah Code Annotated 1953
63A-20-702
, Utah Code Annotated 1953
63A-20-801
, Utah Code Annotated 1953
63A-20-802
, Utah Code Annotated 1953
63A-20-901
, Utah Code Annotated 1953
REPEALS:
63A-16-1201
, as enacted by Laws of Utah 2025, Chapter 352
63A-16-1202
, as enacted by Laws of Utah 2025, Chapter 352
63A-16-1203
, as enacted by Laws of Utah 2025, Chapter 352
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
26B-7-501
is amended to read:
26B-7-501
. Definitions.
As used in this part:
(1)
"Community location" means the same as that term is defined:
(a)
as it relates to a municipality, in Section
10-8-41.6
; and
(b)
as it relates to a county, in Section
17-50-333
.
(2)
"Electronic cigarette" means the same as that term is defined in Section
76-9-1101
.
(3)
"Electronic cigarette product" means the same as that term is defined in Section
76-9-1101
.
(4)
"Electronic cigarette substance" means the same as that term is defined in Section
76-9-1101
.
(5)
"Employee" means an employee of a tobacco retailer.
(6)
"Enforcing agency" means the department, or any local health department enforcing the
provisions of this part.
(7)
"General tobacco retailer" means a tobacco retailer that is not a retail tobacco specialty
business.
(8)
"Local health department" means the same as that term is defined in Section
26A-1-102
.
(9)
"Manufacture" includes:
(a)
to cast, construct, or make electronic cigarettes; or
(b)
to blend, make, process, or prepare an electronic cigarette substance.
(10)
"Manufacturer sealed electronic cigarette substance" means an electronic cigarette
substance that is sold in a container that:
(a)
is prefilled by the electronic cigarette substance manufacturer; and
(b)
the electronic cigarette manufacturer does not intend for a consumer to open.
(11)
"Manufacturer sealed electronic cigarette product" means:
(a)
an electronic cigarette substance or container that the electronic cigarette
manufacturer does not intend for a consumer to open or refill; or
(b)
a prefilled electronic cigarette as that term is defined in Section
76-9-1101
.
(12)
"Nicotine" means the same as that term is defined in Section
76-9-1101
.
(13)
"Nicotine product" means the same as that term is defined in Section
76-9-1101
.
(14)
"Non-tobacco shisha" means any product that:
(a)
does not contain tobacco or nicotine; and
(b)
is smoked or intended to be smoked in a hookah or water pipe.
(15)
"Owner" means a person holding a 20% ownership interest in the business that is
required to obtain a permit under this part.
(16)
"Permit" means a tobacco retail permit issued under Section
26B-7-507
.
(17)
"Place of public access" means any enclosed indoor place of business, commerce,
banking, financial service, or other service-related activity, whether publicly or privately
owned and whether operated for profit or not, to which persons not employed at the
place of public access have general and regular access or which the public uses,
including:
(a)
buildings, offices, shops, elevators, or restrooms;
(b)
means of transportation or common carrier waiting rooms;
(c)
restaurants, cafes, or cafeterias;
(d)
taverns as defined in Section
32B-1-102
, or cabarets;
(e)
shopping malls, retail stores, grocery stores, or arcades;
(f)
libraries, theaters, concert halls, museums, art galleries, planetariums, historical sites,
auditoriums, or arenas;
(g)
barber shops, hair salons, or laundromats;
(h)
sports or fitness facilities;
(i)
common areas of nursing homes, hospitals, resorts, hotels, motels, "bed and
breakfast" lodging facilities, and other similar lodging facilities, including the
lobbies, hallways, elevators, restaurants, cafeterias, other designated dining areas, and
restrooms of any of these;
(j)
(i)
any child care facility or program subject to licensure or certification under this
title, including those operated in private homes, when any child cared for under
that license is present; and
(ii)
any child care, other than child care as defined in Section
26B-2-401
, that is not
subject to licensure or certification under this title, when any child cared for by the
provider, other than the child of the provider, is present;
(k)
public or private elementary or secondary school buildings and educational facilities
or the property on which those facilities are located;
(l)
any building owned, rented, leased, or otherwise operated by a social, fraternal, or
religious organization when used solely by the organization members or the
members' guests or families;
(m)
any facility rented or leased for private functions from which the general public is
excluded and arrangements for the function are under the control of the function
sponsor;
(n)
any workplace that is not a place of public access or a publicly owned building or
office but has one or more employees who are not owner-operators of the business;
(o)
any area where the proprietor or manager of the area has posted a conspicuous sign
stating "no smoking", "thank you for not smoking", or similar statement; and
(p)
a holder of a bar establishment license, as defined in Section
32B-1-102
.
(18)
(a)
"Proof of age" means:
(i)
a valid identification card issued under
Title 53, Chapter 3, Part 8, Identification
Card Act
;
(ii)
a valid identification that:
(A)
is substantially similar to an identification card issued under
Title 53, Chapter
3, Part 8, Identification Card Act
;
(B)
is issued in accordance with the laws of a state other than Utah in which the
identification is issued;
(C)
includes date of birth; and
(D)
has a picture affixed;
(iii)
a valid driver license certificate that is issued under
Title 53, Chapter 3, Uniform
Driver License Act
, or in accordance with the laws of the state in which the valid
driver license is issued;
(iv)
a valid United States military identification card that:
(A)
includes date of birth; and
(B)
has a picture affixed;
or
(v)
a valid passport
.
; or
(vi)
a state-endorsed digital identity issued under Title 63A, Chapter 20,
State-Endorsed Digital Identit
y
.
(b)
"Proof of age" does not include a valid driving privilege card issued in accordance
with Section
53-3-207
.
(19)
"Publicly owned building or office" means any enclosed indoor place or portion of a
place owned, leased, or rented by any state, county, or municipal government, or by any
agency supported by appropriation of, or by contracts or grants from, funds derived from
the collection of federal, state, county, or municipal taxes.
(20)
"Retail tobacco specialty business" means the same as that term is defined:
(a)
as it relates to a municipality, in Section
10-8-41.6
; and
(b)
as it relates to a county, in Section
17-50-333
.
(21)
"Shisha" means any product that:
(a)
contains tobacco or nicotine; and
(b)
is smoked or intended to be smoked in a hookah or water pipe.
(22)
"Smoking" means:
(a)
the possession of any lighted or heated tobacco product in any form;
(b)
inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or
hookah that contains:
(i)
tobacco or any plant product intended for inhalation;
(ii)
shisha or non-tobacco shisha;
(iii)
nicotine;
(iv)
a natural or synthetic tobacco substitute; or
(v)
a natural or synthetic flavored tobacco product;
(c)
using an electronic cigarette; or
(d)
using an oral smoking device intended to circumvent the prohibition of smoking in
this part.
(23)
"Tax commission license" means a license issued by the State Tax Commission under:
(a)
Section
59-14-201
to sell a cigarette at retail;
(b)
Section
59-14-301
to sell a tobacco product at retail; or
(c)
Section
59-14-803
to sell an electronic cigarette product or a nicotine product.
(24)
"Tobacco product" means:
(a)
a tobacco product as defined in Section
76-9-1101
; or
(b)
tobacco paraphernalia as defined in Section
76-9-1101
.
(25)
"Tobacco retailer" means a person that is required to obtain a tax commission license.
Section 2. Section
32B-1-102
is amended to read:
32B-1-102
. Definitions.
As used in this title:
(1)
"Airport lounge" means a business location:
(a)
at which an alcoholic product is sold at retail for consumption on the premises; and
(b)
that is located at an international airport or domestic airport.
(2)
"Airport lounge license" means a license issued in accordance with Chapter 5, Retail
License Act, and Chapter 6, Part 5, Airport Lounge License.
(3)
"Alcoholic beverage" means the following:
(a)
beer; or
(b)
liquor.
(4)
(a)
"Alcoholic product" means a product that:
(i)
contains at least .5% of alcohol by volume; and
(ii)
is obtained by fermentation, infusion, decoction, brewing, distillation, or other
process that uses liquid or combinations of liquids, whether drinkable or not, to
create alcohol in an amount equal to or greater than .5% of alcohol by volume.
(b)
"Alcoholic product" includes an alcoholic beverage.
(c)
"Alcoholic product" does not include any of the following common items that
otherwise come within the definition of an alcoholic product:
(i)
except as provided in Subsection
(4)(d)
, an extract;
(ii)
vinegar;
(iii)
preserved nonintoxicating cider;
(iv)
essence;
(v)
tincture;
(vi)
food preparation; or
(vii)
an over-the-counter medicine.
(d)
"Alcoholic product" includes an extract containing alcohol obtained by distillation
when it is used as a flavoring in the manufacturing of an alcoholic product.
(5)
"Alcohol training and education seminar" means a seminar that is:
(a)
required by Chapter 1, Part 7, Alcohol Training and Education Act; and
(b)
described in Section
26B-5-205
.
(6)
(a)
"Amphitheater" means an outdoor, multi-use performance venue that:
(i)
is primarily used to present live entertainment, including music, dance, comedy,
and theater;
(ii)
has the capacity to hold over 10,000 patrons; and
(iii)
is located in a county of the first class.
(b)
"Amphitheater" does not include a space that is used to present sporting events or
sporting competitions.
(7)
"Arena" means an enclosed building:
(a)
that is managed by:
(i)
the same person who owns the enclosed building;
(ii)
a person who has a majority interest in each person who owns or manages a space
in the enclosed building; or
(iii)
a person who has authority to direct or exercise control over the management or
policy of each person who owns or manages a space in the enclosed building;
(b)
that operates as a venue; and
(c)
that has an occupancy capacity of at least 12,500.
(8)
"Arena license" means a license issued in accordance with Chapter 5, Retail License
Act, and Chapter 8c, Arena License Act.
(9)
"Banquet" means an event:
(a)
that is a private event or a privately sponsored event;
(b)
that is held at one or more designated locations approved by the commission in or on
the premises of:
(i)
a hotel;
(ii)
a resort facility;
(iii)
a sports center;
(iv)
a convention center;
(v)
a performing arts facility;
(vi)
an arena;
(vii)
a restaurant venue; or
(viii)
an amphitheater;
(c)
for which there is a contract:
(i)
between a person operating a facility listed in Subsection
(9)(b)
and another
person that has common ownership of less than 20% with the person operating the
facility; and
(ii)
under which the person operating a facility listed in Subsection
(9)(b)
is required
to provide an alcoholic product at the event; and
(d)
at which food and alcoholic products may be sold, offered for sale, or furnished.
(10)
(a)
"Bar establishment license" means a license issued in accordance with Chapter 5,
Retail License Act, and Chapter 6, Part 4, Bar Establishment License.
(b)
"Bar establishment license" includes:
(i)
a dining club license;
(ii)
an equity license;
(iii)
a fraternal license; or
(iv)
a bar license.
(11)
"Bar license" means a license issued in accordance with Chapter 5, Retail License Act,
and Chapter 6, Part 4, Bar Establishment License.
(12)
(a)
"Beer" means a product that:
(i)
contains:
(A)
at least .5% of alcohol by volume; and
(B)
no more than 5% of alcohol by volume or 4% by weight;
(ii)
is obtained by fermentation, infusion, or decoction of:
(A)
malt; or
(B)
a malt substitute; and
(iii)
is clearly marketed, labeled, and identified as:
(A)
beer;
(B)
ale;
(C)
porter;
(D)
stout;
(E)
lager;
(F)
a malt;
(G)
a malted beverage; or
(H)
seltzer.
(b)
"Beer" may contain:
(i)
hops extract;
(ii)
caffeine, if the caffeine is a natural constituent of an added ingredient; or
(iii)
a propylene glycol-, ethyl alcohol-, or ethanol-based flavoring agent that:
(A)
is used in the production of beer;
(B)
is in a formula approved by the federal Alcohol and Tobacco Tax and Trade
Bureau after the formula is filed for approval under 27 C.F.R. Sec. 25.55; and
(C)
does not contribute more than 10% of the overall alcohol content of the beer.
(c)
"Beer" does not include:
(i)
a flavored malt beverage;
(ii)
a product that contains alcohol derived from:
(A)
except as provided in Subsection
(12)(b)(iii)
, spirituous liquor; or
(B)
wine; or
(iii)
a product that contains an additive masking or altering a physiological effect of
alcohol, including kratom, kava, cannabidiol, or natural or synthetic
tetrahydrocannabinol.
(13)
"Beer-only restaurant license" means a license issued in accordance with Chapter 5,
Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License.
(14)
"Beer retailer" means a business that:
(a)
is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for
consumption on or off the business premises; and
(b)
is licensed as:
(i)
an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise
Beer Retailer Local Authority; or
(ii)
an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and
Chapter 6, Part 7, On-Premise Beer Retailer License.
(15)
"Beer wholesaling license" means a license:
(a)
issued in accordance with Chapter 13, Beer Wholesaling License Act; and
(b)
to import for sale, or sell beer in wholesale or jobbing quantities to one or more retail
licensees or off-premise beer retailers.
(16)
"Billboard" means a public display used to advertise, including:
(a)
a light device;
(b)
a painting;
(c)
a drawing;
(d)
a poster;
(e)
a sign;
(f)
a signboard; or
(g)
a scoreboard.
(17)
"Brewer" means a person engaged in manufacturing:
(a)
beer;
(b)
heavy beer; or
(c)
a flavored malt beverage.
(18)
"Brewery manufacturing license" means a license issued in accordance with Chapter
11, Part 5, Brewery Manufacturing License.
(19)
"Certificate of approval" means a certificate of approval obtained from the department
under Section
32B-11-201
.
(20)
"Chartered bus" means a passenger bus, coach, or other motor vehicle provided by a
bus company to a group of persons pursuant to a common purpose:
(a)
under a single contract;
(b)
at a fixed charge in accordance with the bus company's tariff; and
(c)
to give the group of persons the exclusive use of the passenger bus, coach, or other
motor vehicle, and a driver to travel together to one or more specified destinations.
(21)
"Church" means a building:
(a)
set apart for worship;
(b)
in which religious services are held;
(c)
with which clergy is associated; and
(d)
that is tax exempt under the laws of this state.
(22)
"Commission" means the Alcoholic Beverage Services Commission created in Section
32B-2-201
.
(23)
"Commissioner" means a member of the commission.
(24)
"Community location" means:
(a)
a public or private school as defined in Subsection
(116)
;
(b)
a church;
(c)
a public library;
(d)
a public playground; or
(e)
a public park.
(25)
"Community location governing authority" means:
(a)
the governing body of the community location; or
(b)
if the commission does not know who is the governing body of a community
location, a person who appears to the commission to have been given on behalf of the
community location the authority to prohibit an activity at the community location.
(26)
"Container" means a receptacle that contains an alcoholic product, including:
(a)
a bottle;
(b)
a vessel; or
(c)
a similar item.
(27)
"Controlled group of manufacturers" means as the commission defines by rule made in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(28)
"Convention center" means a facility that is:
(a)
in total at least 30,000 square feet; and
(b)
otherwise defined as a "convention center" by the commission by rule.
(29)
(a)
"Counter" means a surface or structure in a dining area of a licensed premises
where seating is provided to a patron for service of food.
(b)
"Counter" does not include a dispensing structure.
(30)
"Crime involving moral turpitude" is as defined by the commission by rule.
(31)
"Department" means the Department of Alcoholic Beverage Services created in
Section
32B-2-203
.
(32)
"Department compliance officer" means an individual who is:
(a)
an auditor or inspector; and
(b)
employed by the department.
(33)
"Department sample" means liquor that is placed in the possession of the department
for testing, analysis, and sampling.
(34)
"Dining club license" means a license issued in accordance with Chapter 5, Retail
License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
commission as a dining club license.
(35)
"Director," unless the context requires otherwise, means the director of the department.
(36)
"Disciplinary proceeding" means an adjudicative proceeding permitted under this title:
(a)
against a person subject to administrative action; and
(b)
that is brought on the basis of a violation of this title.
(37)
(a)
Subject to Subsection
(37)(b)
, "dispense" means:
(i)
drawing an alcoholic product; and
(ii)
using the alcoholic product at the location from which it was drawn to mix or
prepare an alcoholic product to be furnished to a patron of the retail licensee.
(b)
The definition of "dispense" in this Subsection
(37)
applies only to:
(i)
a full-service restaurant license;
(ii)
a limited-service restaurant license;
(iii)
a reception center license;
(iv)
a beer-only restaurant license;
(v)
a bar license;
(vi)
an on-premise beer retailer;
(vii)
an airport lounge license;
(viii)
an on-premise banquet license; and
(ix)
a hospitality amenity license.
(38)
"Dispensing structure" means a surface or structure on a licensed premises:
(a)
where an alcoholic product is dispensed; or
(b)
from which an alcoholic product is served.
(39)
"Distillery manufacturing license" means a license issued in accordance with Chapter
11, Part 4, Distillery Manufacturing License.
(40)
"Distressed merchandise" means an alcoholic product in the possession of the
department that is saleable, but for some reason is unappealing to the public.
(41)
"Domestic airport" means an airport that:
(a)
has at least 15,000 commercial airline passenger boardings in any five-year period;
(b)
receives scheduled commercial passenger aircraft service; and
(c)
is not an international airport.
(42)
"Equity license" means a license issued in accordance with Chapter 5, Retail License
Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
commission as an equity license.
(43)
"Event permit" means:
(a)
a single event permit; or
(b)
a temporary beer event permit.
(44)
"Exempt license" means a license exempt under Section
32B-1-201
from being
considered in determining the total number of retail licenses that the commission may
issue at any time.
(45)
(a)
"Flavored malt beverage" means a beverage:
(i)
that contains at least .5% alcohol by volume;
(ii)
for which the producer is required to file a formula for approval with the federal
Alcohol and Tobacco Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 because
the beverage is treated by processing, filtration, or another method of manufacture
that is not generally recognized as a traditional process in the production of a beer,
ale, porter, stout, lager, or malt liquor; and
(iii)
for which the producer is required to file a formula for approval with the federal
Alcohol and Tobacco Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 because
the beverage includes an ingredient containing alcohol.
(b)
"Flavored malt beverage" may contain a propylene glycol-, ethyl alcohol-, or
ethanol-based flavoring agent that contributes to the overall alcohol content of the
beverage.
(c)
"Flavored malt beverage" does not include beer or heavy beer.
(d)
"Flavored malt beverage" is considered liquor for purposes of this title.
(46)
"Fraternal license" means a license issued in accordance with Chapter 5, Retail License
Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
commission as a fraternal license.
(47)
"Full-service restaurant license" means a license issued in accordance with Chapter 5,
Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License.
(48)
(a)
"Furnish" means by any means to provide with, supply, or give an individual an
alcoholic product, by sale or otherwise.
(b)
"Furnish" includes to:
(i)
serve;
(ii)
deliver; or
(iii)
otherwise make available.
(49)
"Guest" means an individual who meets the requirements of Subsection
32B-6-407(9)
.
(50)
"Hard cider" means the same as that term is defined in 26 U.S.C. Sec. 5041.
(51)
"Health care practitioner" means:
(a)
a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
(b)
an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
(c)
a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
(d)
a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice
Act;
(e)
a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b,
Nurse Practice Act;
(f)
a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy
Practice Act;
(g)
an occupational therapist licensed under Title 58, Chapter 42a, Occupational
Therapy Practice Act;
(h)
a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
(i)
a mental health professional licensed under Title 58, Chapter 60, Mental Health
Professional Practice Act;
(j)
a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
(k)
an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice
Act;
(l)
a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental
Hygienist Practice Act; and
(m)
a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant
Act.
(52)
(a)
"Heavy beer" means a product that:
(i)
(A)
contains more than 5% alcohol by volume;
(B)
contains at least .5% of alcohol by volume and no more than 5% of alcohol by
volume or 4% by weight, and a propolyne glycol-, ethyl alcohol-, or
ethanol-based flavoring agent that contributes more than 10% of the overall
alcohol content of the product; or
(C)
contains at least .5% of alcohol by volume and no more than 5% of alcohol by
volume or 4% by weight, and has a label or packaging that is rejected under
Subsection
32B-1-606(3)(b)
; and
(ii)
is obtained by fermentation, infusion, or decoction of:
(A)
malt; or
(B)
a malt substitute.
(b)
"Heavy beer" may, if the heavy beer contains more than 5% alcohol by volume,
contain a propolyne glycol-, ethyl alcohol-, or ethanol-based flavoring agent that
contributes to the overall alcohol content of the heavy beer.
(c)
"Heavy beer" does not include:
(i)
a flavored malt beverage;
(ii)
a product that contains alcohol derived from:
(A)
except as provided in Subsections
(52)(a)(i)(B)
and
(52)(b)
, spirituous liquor;
or
(B)
wine; or
(iii)
a product that contains an additive masking or altering a physiological effect of
alcohol, including kratom, kava, cannabidiol, or natural or synthetic
tetrahydrocannabinol.
(d)
"Heavy beer" is considered liquor for the purposes of this title.
(53)
"Hospitality amenity license" means a license issued in accordance with Chapter 5,
Retail License Act, and Chapter 6, Part 10, Hospitality Amenity License.
(54)
(a)
"Hotel" means a commercial lodging establishment that:
(i)
offers at least 40 rooms as temporary sleeping accommodations for compensation;
(ii)
is capable of hosting conventions, conferences, and food and beverage functions
under a banquet contract; and
(iii)
(A)
has adequate kitchen or culinary facilities on the premises to provide
complete meals;
(B)
has at least 1,000 square feet of function space consisting of meeting or dining
rooms that can be reserved for a banquet and can accommodate at least 75
individuals; or
(C)
if the establishment is located in a small or unincorporated locality, has an
appropriate amount of function space consisting of meeting or dining rooms
that can be reserved for private use under a banquet contract, as determined by
the commission.
(b)
"Hotel" includes a commercial lodging establishment that:
(i)
meets the requirements under Subsection
(54)(a)
; and
(ii)
has one or more privately owned dwelling units.
(55)
"Hotel license" means a license issued in accordance with Chapter 5, Retail License
Act, and Chapter 8b, Hotel License Act.
(56)
"Identification card" means an identification card issued under Title 53, Chapter 3, Part
8, Identification Card Act.
(57)
"Industry representative" means an individual who is compensated by salary,
commission, or other means for representing and selling an alcoholic product of a
manufacturer, supplier, or importer of liquor.
(58)
"Industry representative sample" means liquor that is placed in the possession of the
department for testing, analysis, and sampling by a local industry representative on the
premises of the department to educate the local industry representative of the quality and
characteristics of the product.
(59)
(a)
"Interdicted person" means a person to whom the sale, offer for sale, or
furnishing of an alcoholic product is prohibited by:
(i)
law; or
(ii)
court order.
(b)
"Interdicted person" includes a person who voluntarily obtains a driver license
certificate under Section
53-3-236
or an identification card under Section
53-3-805

with an interdicted person identifier.
(60)
"International airport" means an airport:
(a)
with a United States Customs and Border Protection office on the premises of the
airport; and
(b)
at which international flights may enter and depart.
(61)
"Intoxicated" or "intoxication" means that
an individual exhibits plain and easily observable outward manifestations of behavior or
physical signs produced by or as a result of the use of:
(a)
an alcoholic product;
(b)
a controlled substance;
(c)
a substance having the property of releasing toxic vapors; or
(d)
a combination of products or substances described in Subsections
(61)(a)
through
(c)
.
(62)
"Investigator" means an individual who is:
(a)
a department compliance officer; or
(b)
a nondepartment enforcement officer.
(63)
"License" means:
(a)
a retail license;
(b)
a sublicense;
(c)
a license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State
License;
(d)
a license issued in accordance with Chapter 11, Manufacturing and Related Licenses
Act;
(e)
a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
(f)
a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
(g)
a license issued in accordance with Chapter 17, Liquor Transport License Act.
(64)
"Licensee" means a person who holds a license.
(65)
"Limited-service restaurant license" means a license issued in accordance with Chapter
5, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License.
(66)
"Limousine" means a motor vehicle licensed by the state or a local authority, other
than a bus or taxicab:
(a)
in which the driver and a passenger are separated by a partition, glass, or other
barrier;
(b)
that is provided by a business entity to one or more individuals at a fixed charge in
accordance with the business entity's tariff; and
(c)
to give the one or more individuals the exclusive use of the limousine and a driver to
travel to one or more specified destinations.
(67)
(a)
(i)
"Liquor" means a liquid that:
(A)
is:
(I)
alcohol;
(II)
an alcoholic, spirituous, vinous, fermented, malt, or other liquid;
(III)
a combination of liquids a part of which is spirituous, vinous, or
fermented; or
(IV)
other drink or drinkable liquid; and
(B)
(I)
contains at least .5% alcohol by volume; and
(II)
is suitable to use for beverage purposes.
(ii)
"Liquor" includes:
(A)
heavy beer;
(B)
wine; and
(C)
a flavored malt beverage.
(b)
"Liquor" does not include beer.
(68)
"Liquor Control Fund" means the enterprise fund created by Section
32B-2-301
.
(69)
"Liquor transport license" means a license issued in accordance with Chapter 17,
Liquor Transport License Act.
(70)
"Liquor warehousing license" means a license that is issued:
(a)
in accordance with Chapter 12, Liquor Warehousing License Act; and
(b)
to a person, other than a licensed manufacturer, who engages in the importation for
storage, sale, or distribution of liquor regardless of amount.
(71)
"Local authority" means:
(a)
for premises that are located in an unincorporated area of a county, the governing
body of a county;
(b)
for premises that are located in an incorporated city or town, the governing body of
the city or town; or
(c)
for premises that are located in a project area as defined in Section
63H-1-102
and in
a project area plan adopted by the Military Installation Development Authority under
Title 63H, Chapter 1, Military Installation Development Authority Act, the Military
Installation Development Authority.
(72)
"Lounge or bar area" is as defined by rule made by the commission.
(73)
"Malt substitute" means:
(a)
rice;
(b)
grain;
(c)
bran;
(d)
glucose;
(e)
sugar; or
(f)
molasses.
(74)
"Manufacture" means to distill, brew, rectify, mix, compound, process, ferment, or
otherwise make an alcoholic product for personal use or for sale or distribution to others.
(75)
"Member" means an individual who, after paying regular dues, has full privileges in an
equity licensee or fraternal licensee.
(76)
(a)
"Military installation" means a base, air field, camp, post, station, yard, center, or
homeport facility for a ship:
(i)
(A)
under the control of the United States Department of Defense; or
(B)
of the National Guard;
(ii)
that is located within the state; and
(iii)
including a leased facility.
(b)
"Military installation" does not include a facility used primarily for:
(i)
civil works;
(ii)
a rivers and harbors project; or
(iii)
a flood control project.
(77)
"Minibar" means an area of a hotel guest room where one or more alcoholic products
are kept and offered for self-service sale or consumption.
(78)
"Minor" means an individual under 21 years old.
(79)
"Nondepartment enforcement agency" means an agency that:
(a)
(i)
is a state agency other than the department; or
(ii)
is an agency of a county, city, or town; and
(b)
has a responsibility to enforce one or more provisions of this title.
(80)
"Nondepartment enforcement officer" means an individual who is:
(a)
a peace officer, examiner, or investigator; and
(b)
employed by a nondepartment enforcement agency.
(81)
(a)
"Off-premise beer retailer" means a beer retailer who is:
(i)
licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and
(ii)
engaged in the retail sale of beer to a patron for consumption off the beer retailer's
premises.
(b)
"Off-premise beer retailer" does not include an on-premise beer retailer.
(82)
"Off-premise beer retailer state license" means a state license issued in accordance
with Chapter 7, Part 4, Off-premise Beer Retailer State License.
(83)
"On-premise banquet license" means a license issued in accordance with Chapter 5,
Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License.
(84)
"On-premise beer retailer" means a beer retailer who is:
(a)
authorized to sell, offer for sale, or furnish beer under a license issued in accordance
with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer
License; and
(b)
engaged in the sale of beer to a patron for consumption on the beer retailer's
premises:
(i)
regardless of whether the beer retailer sells beer for consumption off the licensed
premises; and
(ii)
on and after March 1, 2012, operating:
(A)
as a tavern; or
(B)
in a manner that meets the requirements of Subsection
32B-6-703(2)(e)(i)
.
(85)
"Opaque" means impenetrable to sight.
(86)
"Package agency" means a retail liquor location operated:
(a)
under an agreement with the department; and
(b)
by a person:
(i)
other than the state; and
(ii)
who is authorized by the commission in accordance with Chapter 2, Part 6,
Package Agency, to sell packaged liquor for consumption off the premises of the
package agency.
(87)
"Package agent" means a person who holds a package agency.
(88)
"Patron" means an individual to whom food, beverages, or services are sold, offered
for sale, or furnished, or who consumes an alcoholic product including:
(a)
a customer;
(b)
a member;
(c)
a guest;
(d)
an attendee of a banquet or event;
(e)
an individual who receives room service;
(f)
a resident of a resort; or
(g)
a hospitality guest, as defined in Section
32B-6-1002
, under a hospitality amenity
license.
(89)
(a)
"Performing arts facility" means a multi-use performance space that:
(i)
is primarily used to present various types of performing arts, including dance,
music, and theater;
(ii)
contains over 2,500 seats;
(iii)
is owned and operated by a governmental entity; and
(iv)
is located in a city of the first class.
(b)
"Performing arts facility" does not include a space that is used to present sporting
events or sporting competitions.
(90)
"Permittee" means a person issued a permit under:
(a)
Chapter 9, Event Permit Act; or
(b)
Chapter 10, Special Use Permit Act.
(91)
"Person subject to administrative action" means:
(a)
a licensee;
(b)
a permittee;
(c)
a manufacturer;
(d)
a supplier;
(e)
an importer;
(f)
one of the following holding a certificate of approval:
(i)
an out-of-state brewer;
(ii)
an out-of-state importer of beer, heavy beer, or flavored malt beverages; or
(iii)
an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or
(g)
staff of:
(i)
a person listed in Subsections
(91)(a)
through
(f)
; or
(ii)
a package agent.
(92)
"Premises" means a building, enclosure, or room used in connection with the storage,
sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product,
unless otherwise defined in this title or rules made by the commission.
(93)
"Prescription" means an order issued by a health care practitioner when:
(a)
the health care practitioner is licensed under Title 58, Occupations and Professions,
to prescribe a controlled substance, other drug, or device for medicinal purposes;
(b)
the order is made in the course of that health care practitioner's professional practice;
and
(c)
the order is made for obtaining an alcoholic product for medicinal purposes only.
(94)
(a)
"Primary spirituous liquor" means the main distilled spirit in a beverage.
(b)
"Primary spirituous liquor" does not include a secondary flavoring ingredient.
(95)
"Principal license" means:
(a)
a resort license;
(b)
a hotel license; or
(c)
an arena license.
(96)
(a)
"Private event" means a specific social, business, or recreational event:
(i)
for which an entire room, area, or hall is leased or rented in advance by an
identified group; and
(ii)
that is limited in attendance to people who are specifically designated and their
guests.
(b)
"Private event" does not include an event to which the general public is invited,
whether for an admission fee or not.
(97)
"Privately sponsored event" means a specific social, business, or recreational event:
(a)
that is held in or on the premises of an on-premise banquet licensee; and
(b)
to which entry is restricted by an admission fee.
(98)
(a)
"Proof of age" means:
(i)
an identification card;
(ii)
an identification that:
(A)
is substantially similar to an identification card;
(B)
is issued in accordance with the laws of a state other than Utah in which the
identification is issued;
(C)
includes date of birth; and
(D)
has a picture affixed;
(iii)
a valid driver license certificate that:
(A)
includes date of birth;
(B)
has a picture affixed; and
(C)
is issued under Title 53, Chapter 3, Uniform Driver License Act, in
accordance with the laws of the state in which it is issued, or in accordance
with federal law by the United States Department of State;
(iv)
a military identification card that:
(A)
includes date of birth; and
(B)
has a picture affixed;
or
(v)
a valid passport
.
; or
(vi)
a state-endorsed digital identity issued under Title 63A, Chapter 20,
State-Endorsed Digital Identity.
(b)
"Proof of age" does not include a driving privilege card issued in accordance with
Section
53-3-207
.
(99)
"Provisions applicable to a sublicense" means:
(a)
for a full-service restaurant sublicense, the provisions applicable to a full-service
restaurant license under Chapter 6, Part 2, Full-Service Restaurant License;
(b)
for a limited-service restaurant sublicense, the provisions applicable to a
limited-service restaurant license under Chapter 6, Part 3, Limited-Service Restaurant
License;
(c)
for a bar establishment sublicense, the provisions applicable to a bar establishment
license under Chapter 6, Part 4, Bar Establishment License;
(d)
for an on-premise banquet sublicense, the provisions applicable to an on-premise
banquet license under Chapter 6, Part 6, On-Premise Banquet License;
(e)
for an on-premise beer retailer sublicense, the provisions applicable to an on-premise
beer retailer license under Chapter 6, Part 7, On-Premise Beer Retailer License;
(f)
for a beer-only restaurant sublicense, the provisions applicable to a beer-only
restaurant license under Chapter 6, Part 9, Beer-Only Restaurant License;
(g)
for a hospitality amenity license, the provisions applicable to a hospitality amenity
license under Chapter 6, Part 10, Hospitality Amenity License; and
(h)
for a spa sublicense, the provisions applicable to the sublicense under Chapter 8d,
Part 2, Resort Spa Sublicense.
(100)
(a)
"Public building" means a building or permanent structure that is:
(i)
owned or leased by:
(A)
the state; or
(B)
a local government entity; and
(ii)
used for:
(A)
public education;
(B)
transacting public business; or
(C)
regularly conducting government activities.
(b)
"Public building" does not include a building owned by the state or a local
government entity when the building is used by a person, in whole or in part, for a
proprietary function.
(101)
"Public conveyance" means a conveyance that the public or a portion of the public
has access to and a right to use for transportation, including an airline, railroad, bus,
boat, or other public conveyance.
(102)
"Reception center" means a business that:
(a)
operates facilities that are at least 5,000 square feet; and
(b)
has as its primary purpose the leasing of the facilities described in Subsection
(102)(a)
to a third party for the third party's event.
(103)
"Reception center license" means a license issued in accordance with Chapter 5,
Retail License Act, and Chapter 6, Part 8, Reception Center License.
(104)
(a)
"Record" means information that is:
(i)
inscribed on a tangible medium; or
(ii)
stored in an electronic or other medium and is retrievable in a perceivable form.
(b)
"Record" includes:
(i)
a book;
(ii)
a book of account;
(iii)
a paper;
(iv)
a contract;
(v)
an agreement;
(vi)
a document; or
(vii)
a recording in any medium.
(105)
"Residence" means a person's principal place of abode within Utah.
(106)
"Resident," in relation to a resort, means the same as that term is defined in Section
32B-8-102
.
(107)
"Resort" means the same as that term is defined in Section
32B-8-102
.
(108)
"Resort facility" is as defined by the commission by rule.
(109)
"Resort license" means a license issued in accordance with Chapter 5, Retail License
Act, and Chapter 8, Resort License Act.
(110)
"Responsible alcohol service plan" means a written set of policies and procedures that
outlines measures to prevent employees from:
(a)
over-serving alcoholic beverages to customers;
(b)
serving alcoholic beverages to customers who are actually, apparently, or obviously
intoxicated; and
(c)
serving alcoholic beverages to minors.
(111)
"Restaurant" means a business location:
(a)
at which a variety of foods are prepared;
(b)
at which complete meals are served; and
(c)
that is engaged primarily in serving meals.
(112)
"Restaurant license" means one of the following licenses issued under this title:
(a)
a full-service restaurant license;
(b)
a limited-service restaurant license; or
(c)
a beer-only restaurant license.
(113)
"Restaurant venue" means a room within a restaurant that:
(a)
is located on the licensed premises of a restaurant licensee;
(b)
is separated from the area within the restaurant for a patron's consumption of food by
a permanent, opaque, floor-to-ceiling wall such that the inside of the room is not
visible to a patron in the area within the restaurant for a patron's consumption of
food; and
(c)
(i)
has at least 1,000 square feet that:
(A)
may be reserved for a banquet; and
(B)
accommodates at least 75 individuals; or
(ii)
if the restaurant is located in a small or unincorporated locality, has an
appropriate amount of space, as determined by the commission, that may be
reserved for a banquet.
(114)
"Retail license" means one of the following licenses issued under this title:
(a)
a full-service restaurant license;
(b)
a master full-service restaurant license;
(c)
a limited-service restaurant license;
(d)
a master limited-service restaurant license;
(e)
a bar establishment license;
(f)
an airport lounge license;
(g)
an on-premise banquet license;
(h)
an on-premise beer license;
(i)
a reception center license;
(j)
a beer-only restaurant license;
(k)
a hospitality amenity license;
(l)
a resort license;
(m)
a hotel license; or
(n)
an arena license.
(115)
"Room service" means furnishing an alcoholic product to a person in a guest room or
privately owned dwelling unit of a:
(a)
hotel; or
(b)
resort facility.
(116)
(a)
"School" means a building in which any part is used for more than three hours
each weekday during a school year as a public or private:
(i)
elementary school;
(ii)
secondary school; or
(iii)
kindergarten.
(b)
"School" does not include:
(i)
a nursery school;
(ii)
a day care center;
(iii)
a trade and technical school;
(iv)
a preschool;
(v)
a home school;
(vi)
a home-based microschool as defined in Section
53G-6-201
; or
(vii)
a micro-education entity as defined in Section
53G-6-201
.
(117)
"Secondary flavoring ingredient" means any spirituous liquor added to a beverage for
additional flavoring that is different in type, flavor, or brand from the primary spirituous
liquor in the beverage.
(118)
"Sell" or "offer for sale" means a transaction, exchange, or barter whereby, for
consideration, an alcoholic product is either directly or indirectly transferred, solicited,
ordered, delivered for value, or by a means or under a pretext is promised or obtained,
whether done by a person as a principal, proprietor, or as staff, unless otherwise defined
in this title or the rules made by the commission.
(119)
"Serve" means to place an alcoholic product before an individual.
(120)
"Sexually oriented entertainer" means a person who while in a state of seminudity
appears at or performs:
(a)
for the entertainment of one or more patrons;
(b)
on the premises of:
(i)
a bar licensee; or
(ii)
a tavern;
(c)
on behalf of or at the request of the licensee described in Subsection
(120)(b)
;
(d)
on a contractual or voluntary basis; and
(e)
whether or not the person is designated as:
(i)
an employee;
(ii)
an independent contractor;
(iii)
an agent of the licensee; or
(iv)
a different type of classification.
(121)
"Shared seating area" means the licensed premises of two or more restaurant
licensees that the restaurant licensees share as an area for alcoholic beverage
consumption in accordance with Subsection
32B-5-207(3)
.
(122)
"Single event permit" means a permit issued in accordance with Chapter 9, Part 3,
Single Event Permit.
(123)
"Small brewer" means a brewer who manufactures less than 60,000 barrels of beer,
heavy beer, and flavored malt beverage per year, as the department calculates by:
(a)
if the brewer is part of a controlled group of manufacturers, including the combined
volume totals of production for all breweries that constitute the controlled group of
manufacturers; and
(b)
excluding beer, heavy beer, or flavored malt beverage the brewer:
(i)
manufactures that is unfit for consumption as, or in, a beverage, as the commission
determines by rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act; and
(ii)
does not sell for consumption as, or in, a beverage.
(124)
"Small or unincorporated locality" means:
(a)
a city of the third, fourth, or fifth class, as classified under Section
10-2-301
;
(b)
a town, as classified under Section
10-2-301
; or
(c)
an unincorporated area in a county of the third, fourth, or fifth class, as classified
under Section
17-60-104
.
(125)
"Spa sublicense" means a sublicense:
(a)
to a resort license or hotel license; and
(b)
that the commission issues in accordance with Chapter 8d, Part 2, Resort Spa
Sublicense.
(126)
"Special use permit" means a permit issued in accordance with Chapter 10, Special
Use Permit Act.
(127)
(a)
"Spirituous liquor" means liquor that is distilled.
(b)
"Spirituous liquor" includes an alcoholic product defined as a "distilled spirit" by 27
U.S.C. Sec. 211 and 27 C.F.R. Secs. 5.11 through 5.23.
(128)
"Sports center" is as defined by the commission by rule.
(129)
(a)
"Staff" means an individual who engages in activity governed by this title:
(i)
on behalf of a business, including a package agent, licensee, permittee, or
certificate holder;
(ii)
at the request of the business, including a package agent, licensee, permittee, or
certificate holder; or
(iii)
under the authority of the business, including a package agent, licensee,
permittee, or certificate holder.
(b)
"Staff" includes:
(i)
an officer;
(ii)
a director;
(iii)
an employee;
(iv)
personnel management;
(v)
an agent of the licensee, including a managing agent;
(vi)
an operator; or
(vii)
a representative.
(130)
"State of nudity" means:
(a)
the appearance of:
(i)
the nipple or areola of a female human breast;
(ii)
a human genital;
(iii)
a human pubic area; or
(iv)
a human anus; or
(b)
a state of dress that fails to opaquely cover:
(i)
the nipple or areola of a female human breast;
(ii)
a human genital;
(iii)
a human pubic area; or
(iv)
a human anus.
(131)
"State of seminudity" means a state of dress in which opaque clothing covers no more
than:
(a)
the nipple and areola of the female human breast in a shape and color other than the
natural shape and color of the nipple and areola; and
(b)
the human genitals, pubic area, and anus:
(i)
with no less than the following at its widest point:
(A)
four inches coverage width in the front of the human body; and
(B)
five inches coverage width in the back of the human body; and
(ii)
with coverage that does not taper to less than one inch wide at the narrowest point.
(132)
(a)
"State store" means a facility for the sale of packaged liquor:
(i)
located on premises owned or leased by the state; and
(ii)
operated by a state employee.
(b)
"State store" does not include:
(i)
a package agency;
(ii)
a licensee; or
(iii)
a permittee.
(133)
(a)
"Storage area" means an area on licensed premises where the licensee stores an
alcoholic product.
(b)
"Store" means to place or maintain in a location an alcoholic product.
(134)
"Sublicense" means:
(a)
any of the following licenses issued as a subordinate license to, and contingent on the
issuance of, a principal license:
(i)
a full-service restaurant license;
(ii)
a limited-service restaurant license;
(iii)
a bar establishment license;
(iv)
an on-premise banquet license;
(v)
an on-premise beer retailer license;
(vi)
a beer-only restaurant license; or
(vii)
a hospitality amenity license; or
(b)
a spa sublicense.
(135)
"Supplier" means a person who sells an alcoholic product to the department.
(136)
"Tavern" means an on-premise beer retailer who is:
(a)
issued a license by the commission in accordance with Chapter 5, Retail License Act,
and Chapter 6, Part 7, On-Premise Beer Retailer License; and
(b)
designated by the commission as a tavern in accordance with Chapter 6, Part 7,
On-Premise Beer Retailer License.
(137)
"Temporary beer event permit" means a permit issued in accordance with Chapter 9,
Part 4, Temporary Beer Event Permit.
(138)
"Temporary domicile" means the principal place of abode within Utah of a person
who does not have a present intention to continue residency within Utah permanently or
indefinitely.
(139)
"Translucent" means a substance that allows light to pass through, but does not allow
an object or person to be seen through the substance.
(140)
"Unsaleable liquor merchandise" means a container that:
(a)
is unsaleable because the container is:
(i)
unlabeled;
(ii)
leaky;
(iii)
damaged;
(iv)
difficult to open; or
(v)
partly filled;
(b)
(i)
has faded labels or defective caps or corks;
(ii)
has contents that are:
(A)
cloudy;
(B)
spoiled; or
(C)
chemically determined to be impure; or
(iii)
contains:
(A)
sediment; or
(B)
a foreign substance; or
(c)
is otherwise considered by the department as unfit for sale.
(141)
(a)
"Wine" means an alcoholic product obtained by the fermentation of the natural
sugar content of fruits, plants, honey, or milk, or other like substance, whether or not
another ingredient is added.
(b)
"Wine" includes:
(i)
an alcoholic beverage defined as wine under 27 U.S.C. Sec. 211 and 27 C.F.R.
Sec. 4.10; and
(ii)
hard cider.
(c)
"Wine" is considered liquor for purposes of this title, except as otherwise provided in
this title.
(142)
"Winery manufacturing license" means a license issued in accordance with Chapter
11, Part 3, Winery Manufacturing License.
Section 3. Section
63A-19-501
is amended to read:
63A-19-501
. Data privacy ombudsperson.
(1)
The governor shall appoint a data privacy ombudsperson with the advice of the
governing board.
(2)
The ombudsperson shall:
(a)
be familiar with the provisions of:
(i)
this chapter;
(ii)
Chapter 12, Division of Archives and Records Service and Management of
Government Records;
(iii)
Chapter 20, State-Endorsed Digital Identity;
and
(iii)
(iv)
Title 63G, Chapter 2, Government Records Access and Management Act;
and
(b)
serve as a resource for:
(i)
an individual who is making or responding to a complaint about a governmental
entity's data privacy practice; and
(ii)
a governmental entity which is the subject of a data privacy complaint.
(3)
The ombudsperson may, upon request by a governmental entity or individual, mediate
data privacy disputes between individuals and governmental entities.
(4)
After consultation with the chief privacy officer, the ombudsperson may raise issues and
questions before the governing board regarding serious and repeated violations of data
privacy from:
(a)
a specific governmental entity; or
(b)
widespread governmental entity data privacy practices.
(5)
When a data privacy complaint has been resolved, the ombudsperson shall post on the
office's website a summary of the complaint and the resolution of the matter.
(6)
The ombudsperson may receive and review complaints regarding alleged violations of
Chapter 20, State-Endorsed Digital Identity, by private sector entities, and may refer
such complaints to the attorney general for enforcement in accordance with Section
63A-20-801
.
Section 4. Section
63A-20-101
is enacted to read:
20. State-Endorsed Digital Identity
1. Digital Identity Bill of Rights
63A-20-101
. Digital identity bill of rights.
The following rights constitute the digital identity bill of rights in this state:
(1)
An individual possesses an individual identity innate to the individual's existence and
independent of the state, which identity is fundamental and inalienable.
(2)
An individual has a right to the management and control of the individual's digital
identity to protect individual privacy.
(3)
An individual has a right to choose, receive, and use a physical form of identity
assertion that is endorsed by the state.
(4)
An individual has a right to not be compelled by the state to possess, use, or rely upon a
digital form of identity assertion in place of a physical form of identity assertion that is
endorsed by the state.
(5)
An individual has a right to state endorsement of the individual's digital identity upon
meeting objective, uniform standards for eligibility and verification established by law,
and a right to not have such endorsement arbitrarily or discriminatorily withheld or
revoked.
(6)
An individual has a right to have the state's operation of digital identity systems
governed by clear standards established by the Legislature, including for eligibility,
issuance, endorsement, acceptance, revocation, or interoperability of digital identity
assertions.
(7)
An individual has a right to transparency in the design and operation of a state digital
identity, including the right to access, read, and review the standards and technical
specifications upon which the state digital identity is built and operates.
(8)
An individual has the right to choose what identity attributes are disclosed by the
individual's state digital identity in accordance with standards established by the
Legislature.
(9)
An individual has the right to any service or benefit to which the individual is otherwise
lawfully entitled based on the individual's choice of a lawful format or means of identity
assertion without denial, diminishment, or condition.
(10)
An individual has a right to be free from surveillance, profiling, tracking, or persistent
monitoring of the individual's assertions of digital identity by the state, except as
authorized by law.
(11)
An individual has a right to not be required by the state to surrender the individual's
device in order to present the individual's digital identity.
Section 5. Section
63A-20-201
is enacted to read:
2. Definitions and Program Creation
63A-20-201
. Definitions.
As used in this chapter:
(1)
"Cross-context correlation" means the ability of a person to link, associate, or infer that
the presentation of a state-endorsed digital identity originating with the same or another
person relates to the same individual.
(2)
"Data privacy ombudsperson" means the data privacy ombudsperson created in Section
63A-19-501
.
(3)
(a)
"Digital guardian" means a person authorized to act in the best interest and on
behalf of another individual.
(b)
"Digital guardian" includes a:
(i)
representative designated by the individual as described in the rules made by the
department;
(ii)
custodial parent of an unemancipated minor;
(iii)
legal guardian of a minor appointed under Section
75-5-202
; or
(iv)
legal guardian of an incapacitated individual appointed under Section
75-5-301
.
(4)
(a)
"Digital identity" means an electronic record that:
(i)
an individual may use to assert an individual's identity or identity attributes; and
(ii)
can be mathematically verified.
(b)
"Digital identity" does not include an electronic record that only relies on shared
authentication information to verify an individual's identity, including a username,
password, personal identification number, or one-time code.
(5)
"Digital wallet" means an application, hardware device, software, or service that
securely stores, organizes, and manages a state digital identity.
(6)
"Digital wallet provider" means a person that creates, develops, maintains, supports, and
makes available a digital wallet for a state digital identity.
(7)
"Governmental entity" means the same as that term is defined in Section
63A-19-101
.
(8)
"Health care provider" means the same as that term is defined in Section
78B-3-403
.
(9)
"Holder" means:
(a)
an individual whose identity attributes are contained in the state digital identity; or
(b)
a digital guardian who manages and presents a state digital identity on behalf of the
individual.
(10)
"Identity" means the qualities, features, or characteristics that identify or distinguish an
individual.
(11)
"Identity attribute" means a specific quality, characteristic, fact, or information related
to an individual's identity.
(12)
"Identity proofing" means the process of collecting, validating, and verifying
information about an individual to establish confidence in the individual's claimed
identity.
(13)
"Identity proofing entity" means an entity authorized by the department to conduct
identity proofing for the purpose of issuing a state-endorsed digital identity.
(14)
"Individual" means a human being.
(15)
"Minor" means an individual who is under 18 years old.
(16)
"Offline presentation" means a presentation that does not involve the internet.
(17)
"Online presentation" means a presentation that utilizes the internet or other computer
network.
(18)
"Parent" means an individual who has established a parent-child relationship with a
child as described in Section
81-5-201
.
(19)
"Person" means an individual, corporation, organization, association, governmental
entity, or other legal entity.
(20)
"Personal digital identifier" means an identifier that is:
(a)
unique;
(b)
created by or at the direction of an individual;
(c)
mathematically provable to be under a holder's control; and
(d)
transportable to technical infrastructure of the holder's choosing.
(21)
"Physical identity" means a physical record that an individual may use to assert the
individual's identity issued by:
(a)
a governmental entity;
(b)
the equivalent of a governmental entity in another state;
(c)
the federal government; or
(d)
another country.
(22)
"Presentation" means the disclosure of an individual's identity attributes from the
individual's state digital identity to a verifier or relying party.
(23)
"Process" means any operation or set of operations performed on an individual's
identity attributes.
(24)
"Program" means the state-endorsed digital identity program described in Section
63A-20-202
.
(25)
"Program manager" means the individual appointed under Section
63A-20-203
.
(26)
"Relying party" means a person that relies on a verifier's assertion of an individual's
identity or identity attribute that a state digital identity provides.
(27)
"Secure electronic device" means a device capable of securely storing, presenting, or
displaying a state-endorsed digital identity, including physical tokens and accessible
devices.
(28)
"State digital identity" means:
(a)
a state-endorsed digital identity; or
(b)
an electronic license certificate or identification card issued in accordance with
Section
53-3-235
.
(29)
"State-endorsed digital identity" means an individual's digital identity that:
(a)
includes a personal digital identifier; and
(b)
the department has issued.
(30)
"Verifier" means a person that mathematically verifies a state digital identity to
evaluate the state digital identity's authenticity and integrity.
Section 6. Section
63A-20-202
is enacted to read:
63A-20-202
. Digital identity program --
C
reation --
D
uties.
(1)
There is created within the department the State-Endorsed Digital Identity Program.
(2)
The department shall design, implement, administer, and issue a state-endorsed digital
identity in compliance with the requirements in Part 3, State-Endorsed Digital Ident
ity.
(3)
(a)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the department shall make rules to:
(i)
administer this chapter;
(ii)
establish technological standards and best practices for governmental entities
regarding:
(A)
the creation, issuance, use, and acceptance of a state-endorsed digital identity;
and
(B)
the collection, processing, storage, and disclosure of individual identity or
identity attributes; and
(iii)
establish procedures for an individual to:
(A)
apply for a state-endorsed digital identity; and
(B)
designate a digital guardian.
(b)
The department shall:
(i)
accept public comment for a period of 45 days from the day the proposed rule is
published in the Utah State Bulletin as described in Section
63G-3-301
; and
(ii)
issue a response to substantive comments submitted by the public before making
the proposed rule effective.
(4)
In furtherance of these duties the department may consult with:
(a)
governmental entities;
(b)
government entities in other states;
(c)
technology experts; or
(d)
organizations that establish technology standards.
(5)
The department may:
(a)
establish fees in accordance with Section
63J-1-504
for issuing, renewing, or
replacing a state-endorsed digital identity; or
(b)
apply for, accept, allocate, and administer grants, funds, or awards from any public
or private source for the purpose of implementing this chapter.
(6)
Beginning on January 1, 2027, the department shall annually report before June 1 to the
Economic Development and Workforce Services Interim Committee regarding:
(a)
program implementation and adoption metrics;
(b)
security incidents and remediation steps taken in response;
(c)
comments submitted to the program by the public;
(d)
changes made to the program as a result of comments submitted by the public;
(e)
vendor ecosystem status, including number of conformant digital wallets and verifier
tools;
(f)
findings and recommendations from the coordination activities described in Section
63A-20-204
; and
(g)
any recommended statutory changes.
Section 7. Section
63A-20-203
is enacted to read:
63A-20-203
. Program manager --
Appointment -- Duti
es.
(1)
The executive director, with the approval of the governor, shall appoint an individual to
manage the program.
(2)
The program manager shall be experienced in:
(a)
government administration;
(b)
data privacy;
(c)
cybersecurity; and
(d)
information technology.
(3)
The program manager is responsible for implementing a state-endorsed digital identity
in accordance with this chapter.
Section 8. Section
63A-20-204
is enacted to read:
63A-20-204
. Coordination on use cases -- Report.
(1)
The department shall coordinate with the following agencies to evaluate mechanisms by
which a state-endorsed digital identity may be accepted and verified in the performance
of their statutory duties or authorized functions:
(a)
the Department of Alcoholic Beverage Services;
(b)
the Driver License Division;
(c)
the Department of Health and Human Services;
(d)
the State Board of Education; and
(e)
state and local law enforcement agencies.
(2)
The coordination described in Subsection
(1)
shall include evaluation and development
of use cases for:
(a)
age verification for the purchase of alcoholic products under Title
32B
;
(b)
student enrollment and related identity verification within public education systems;
(c)
identity verification by law enforcement officers during lawful encounters; and
(d)
identity verification by Utah financial institutions consistent with applicable state
and federal law.
(3)
In performing the duties described in this section, the department shall:
(a)
identify operational, technical, privacy, and legal requirements necessary to enable
secure and reliable acceptance and verification of a state-endorsed digital identity;
(b)
develop standards and guidance to support consistent implementation; and
(c)
identify any statutory, rule, or policy changes necessary to facilitate integration and
acceptance.
(4)
The department shall include its findings and recommendations under this section in the
annual report described in S
u
b
s
e
c
t
i
o
n

63A-20-202(6)
.
Section 9. Section
63A-20-301
is enacted to read:
3. State-Endorsed Digital Identity
63A-20-301
. State-endorsed digital identity requirements.
(1)
A state-endorsed digital identity shall:
(a)
incorporate state-of-the-art safeguards for protecting an individual's identity,
including compromise detection, recovery mechanisms, and cross-context correlation
protections;
(b)
include methods to establish authenticity and integrity;
(c)
be compatible with a wide variety of technological systems while maintaining strong
privacy and security;
(d)
support online and offline presentation;
(e)
enable a holder to:
(i)
selectively disclose an individual's identity attributes; or
(ii)
demonstrate that the individual meets a specified minimum age without
disclosing the individual's age or birth date;
(f)
allow a holder to choose a digital wallet that conforms with the requirements
established by the department; and
(g)
be easy for a holder to adopt and use.
(2)
The department shall:
(a)
validate verification of an individual's identity provided by an identity proofing
entity;
(b)
comply with the requirements of this chapter through technological means where
possible;
(c)
ensure any technical infrastructure used to control the issuance or revocation of a
state-endorsed digital identity is maintained within a state-controlled data center
located within the state;
(d)
ensure that a state-controlled data center located within the state shall use best
practices in collection, processing, storage, and disclosure of all individual identity
and identity attributes;
(e)
select open technological standards for the creation, issuance, use, and acceptance of
a state-endorsed digital identity that are:
(i)
publicly available; and
(ii)
free from:
(A)
licensing fees; and
(B)
patent restrictions;
(f)
verify and endorse a specific set of identity attributes including an individual's:
(i)
name;
(ii)
birth date;
(iii)
image; and
(iv)
Utah residence address; and
(g)
create a process for:
(i)
a holder to:
(A)
obtain, maintain, and control an individual's state-endorsed digital identity;
(B)
use an individual's state-endorsed digital identity;
(C)
limit access to an individual's state-endorsed digital identity and identity
attributes;
(D)
obtain a new state-endorsed digital identity if the individual's state-endorsed
digital identity is compromised; and
(E)
migrate a state-endorsed digital identity to another digital wallet compliant
with this chapter;
(ii)
a holder to request that an individual's identity attributes be amended or corrected;
and
(iii)
appointment of a digital guardian to obtain or use a state-endorsed digital identity
on an individual's behalf.
(3)
A state-endorsed digital identity may not include a mechanism that allows the
department to monitor, surveil, or track the presentation of a state-endorsed digital
identity to another entity.
(4)
Information provided by an individual to the state to obtain a state-endorsed digital
identity may only be:
(a)
used for the purpose of issuing and managing a state-endorsed digital identity;
(b)
used as authorized by the individual;
(c)
retained as long as necessary to issue and manage a state-endorsed digital identity;
(d)
maintained within a state-controlled data center located within the state; or
(e)
disclosed to:
(i)
the subject of the record or the subject's digital guardian; or
(ii)
a person with a warrant or court order.
(5)
The department may only revoke an individual's state-endorsed digital identity if:
(a)
the state-endorsed digital identity has been compromised;
(b)
the department's endorsement was:
(i)
issued in error; or
(ii)
based on fraudulent information; or
(c)
the holder requests that the department revoke the individual's state-endorsed digital
identity.
(6)
The department shall report a data breach regarding individual identity or identity
attributes in accordance with Section
63A-19-405
.
Section 10. Section
63A-20-302
is enacted to read:
63A-20-302
. Application and eligibility for state-endorsed digital identity.
(1)
An individual who is at least 18 years old, or is an emancipated minor, may apply to the
department for a state-endorsed digital identity.
(2)
An individual who is under 18 years old, and is not an emancipated minor, may apply to
the department for a state-endorsed digital identity only with the consent of the
individual's digital guardian.
(3)
(a)
If an individual is unable to apply for a state-endorsed digital identity due to the
individual's youth or incapacitation, the application may be made on behalf of that
individual by the individual's digital guardian.
(b)
A digital guardian applying on behalf of a minor or incapacitated individual shall
provide:
(i)
identification, as required by the department; and
(ii)
the consent of the incapacitated individual, as required by the department.
(4)
The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, establishing:
(a)
the form and manner of an application under this section;
(b)
identity proofing requirements and procedures; and
(c)
procedures for denial, correction, reissuance, and compromise recovery consistent
with this part.
(5)
An individual is not required to apply for or obtain a state-endorsed digital identity.
(6)
To apply for or receive a state-endorsed digital identity, an applicant shall:
(a)
have lawful presence in the United States;
(b)
be a resident of Utah; and
(c)
successfully complete the department's identity proofing process established under
this part.
(7)
(a)
The department may not require collection of information that is not necessary to
verify identity or eligibility.
(b)
Required information may include, as determined by the department and documented
by rule:
(i)
the applicant's true and full legal name;
(ii)
date of birth;
(iii)
Utah residence address;
(iv)
evidence of lawful presence in the United States;
(v)
evidence of Utah residency; and
(vi)
other information strictly necessary to complete identity proofing.
Section 11. Section
63A-20-303
is enacted to read:
63A-20-303
. Identity proofing.
(1)
(a)
The department shall establish and maintain identity proofing requirements for the
issuance of a state-endorsed digital identity that:
(i)
follow a generally accepted identity proofing standard;
(ii)
are commensurate with the risks of impersonation, fraud, and misuse associated
with the credential; and
(iii)
are consistent with the privacy, civil liberties, and security requirements of this
chapter.
(b)
The identity proofing process shall be designed to establish, at a minimum, that:
(i)
the applicant is a real individual;
(ii)
the applicant is the individual the applicant claims to be;
(iii)
the applicant's birth date is the date the applicant claims it to be; and
(iv)
the applicant meets the eligibility requirements of Section
63A-20-302
.
(c)
The department shall ensure that the identity proofing process results in a credential
that provides a level of confidence in the individual's identity that is:
(i)
sufficiently robust to support reliance by governmental entities and private-sector
relying parties where required by law or policy for online age assurance; and
(ii)
appropriate for use in both online and offline presentations.
(d)
Identity proofing processes shall be designed so that the state's endorsement:
(i)
reflects verification at a point in time; and
(ii)
does not require:
(A)
continuous monitoring; or
(B)
tracking.
(2)
(a)
An applicant shall provide true and accurate information as required under this
part.
(b)
Knowingly providing materially false information for the purpose of obtaining a
state-endorsed digital identity constitutes fraud and may result in denial, revocation,
and other remedies provided by law.
(3)
(a)
Obtaining or holding a state-endorsed digital identity does not affect an
individual's physical identity documents.
(b)
An individual is not required to surrender, cancel, or replace any physical identity
document as a condition of applying for or holding a state-endorsed digital identity.
(4)
(a)
The department shall define by rule, in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, the identity proofing standards and processes
required for issuance of a state-endorsed digital identity.
(b)
The rules shall, at a minimum:
(i)
specify the objectives the identity proofing process is intended to achieve;
(ii)
describe the acceptable methods of identity proofing, including:
(A)
in-person, remote, or hybrid methods, and the conditions under which each
may be used; and
(B)
minimum evidence requirements and validation methods;
(iii)
align with generally accepted identity proofing practices; and
(iv)
establish requirements and a process to become an identity proofing entity.
Section 12. Section
63A-20-304
is enacted to read:
63A-20-304
. Requirements for governmental entities.
(1)
A governmental entity may not:
(a)
convey a material benefit upon an individual for using a state digital identity instead
of a physical identity;
(b)
withhold services or benefits from an individual if the individual uses a physical
identity or is otherwise unable to use a state digital identity; or
(c)
require a holder to surrender the holder's secure electronic device in the course of a
presentation.
(2)
(a)
A governmental entity that, on or after May 6, 2026, implements a new system
that accepts a digital identity shall, within three months after the day on which the
department issues the first state-endorsed digital identity, accept a state-endorsed
digital identity.
(b)
A governmental entity is not required to accept a state-endorsed digital identity
within the time frame described in Subsection
(2)(a)
if the governmental entity:
(i)
(A)
demonstrates to the satisfaction of the department that accepting a
state-endorsed digital identity at that time is not technically feasible; and
(B)
provides a plan for accepting a state-endorsed digital identity as soon as
feasible; or
(ii)
is required by law to only accept a specific form of state digital identity.
Section 13. Section
63A-20-305
is enacted to read:
63A-20-305
. Requirements for health care providers.
(1)
Within two years from the date the first state-endorsed digital identity is issued, a health
care provider that receives at least $10,000,000 a year in public funding shall accept a
state-endorsed digital identity if the health care provider has a program or system that
accepts a digital identity.
(2)
A health care provider is not required to accept a state-endorsed digital identity within
the time frame described in Subsection
(1)
if the health care provider:
(a)
(i)
demonstrates to the satisfaction of the department that accepting a
state-endorsed digital identity at that time is not technically feasible; and
(ii)
provides a plan for accepting a state-endorsed digital identity as soon as feasible;
or
(b)
is required by law to only accept a specific form of state digital identity.
Section 14. Section
63A-20-401
is enacted to read:
4. Digital Wallet Providers
63A-20-401
. Requirements for digital wallet providers.
(1)
A digital wallet produced by a digital wallet provider shall:
(a)
incorporate state-of-the-art safeguards for protecting an individual's identity;
(b)
process an individual's identity attributes in a secure manner;
(c)
comply with the requirements of this part through technological means where
possible;
(d)
be tamper resistant;
(e)
support online and offline presentation of a state-endorsed digital identity;
(f)
maintain a secure log:
(i)
with sufficient information for the holder to know:
(A)
what identity attributes were provided; and
(B)
the verifier or relying party the identity attributes were provided to;
(ii)
accessible only to the holder;
(iii)
exportable only by the holder; and
(iv)
deletable only by the holder;
(g)
enable a holder to:
(i)
selectively disclose an individual's identity attributes; or
(ii)
demonstrate that the individual meets a specified minimum age without
disclosing the individual's age or birth date; and
(h)
allow a presentation of a state-endorsed digital identity by a digital guardian.
(2)
A digital wallet provider may only process an individual's identity attributes from a state
digital identity if:
(a)
the processing is necessary for a presentation;
(b)
the holder has received conspicuous notice of:
(i)
what identity attributes are collected from the state digital identity;
(ii)
how the identity attributes are used;
(iii)
the purpose for which the identity attributes are processed; and
(iv)
how long the identity attributes are retained; and
(c)
the holder consents to the processing of the individual's identity attributes.
(3)
Information provided by a holder to a digital wallet provider for the purpose of creating
or using a digital identity may only be:
(a)
processed for the primary purpose for which the holder disclosed the information; and
(b)
used, retained, sold, or shared:
(i)
as expressly authorized by the holder; or
(ii)
if required by law.
(4)
Nothing in this section relieves a digital wallet provider from complying with the
requirements of Title 13, Chapter 44, Protection of Personal Information Act, or Title
13, Chapter 61, Utah Consumer Privacy Act.
Section 15. Section
63A-20-501
is enacted to read:
5. Verifiers
63A-20-501
. Requirements for verifiers.
(1)
A verifier shall:
(a)
incorporate state-of-the-art safeguards for protecting an individual's identity in the
verification process;
(b)
comply with the requirements of this part through technological means where
possible;
(c)
process an individual's identity attributes in a secure manner;
(d)
process only the minimum identity attributes reasonably necessary to achieve a
specified purpose defined by the relying party requesting the presentation; and
(e)
accept a presentation of a state-endorsed digital identity by a digital guardian.
(2)
A verifier may only process an individual's identity attributes from a state digital
identity if:
(a)
authorized by the holder;
(b)
the processing is necessary for a presentation;
(c)
the holder has received conspicuous notice of:
(i)
what identity attributes are collected;
(ii)
how the identity attributes are used;
(iii)
the purpose for which the identity attributes are processed; and
(iv)
how long the identity attributes are retained; and
(d)
the holder consents to the processing of the identity attributes.
(3)
A verifier may not require a holder to surrender the holder's secure electronic device in
the course of a presentation.
(4)
Nothing in this section relieves a verifier from complying with the requirements of Title
13, Chapter 44, Protection of Personal Information Act, or Title 13, Chapter 61, Utah
Consumer Privacy Act.
Section 16. Section
63A-20-601
is enacted to read:
6. Relying Parties
63A-20-601
. Requirements for relying parties.
(1)
A relying party shall:
(a)
incorporate state-of-the-art safeguards for protecting an individual's identity in the
verification process;
(b)
comply with the requirements of this part through technological means where
possible;
(c)
process an individual's identity attributes in a secure manner;
(d)
process only the minimum identity attributes reasonably necessary to achieve a
specified purpose; and
(e)
accept a presentation of a state-endorsed digital identity by a digital guardian.
(2)
A relying party may only process an individual's identity attributes from a state digital
identity if:
(a)
authorized by the holder;
(b)
the processing is necessary for a specified purpose;
(c)
the holder has received conspicuous notice of:
(i)
what identity attributes are collected;
(ii)
how the identity attributes are used;
(iii)
the purpose for which the identity attributes are processed; and
(iv)
how long the identity attributes are retained; and
(d)
the holder consents to the processing of the identity attributes.
(3)
A relying party may not require a holder to surrender the holder's secure electronic
device in the course of a presentation.
(4)
A relying party may accept a state-endorsed digital identity as proof of an individual's
identity or identity attributes unless a different method of proof is required by law.
(5)
Nothing in this section relieves a relying party from complying with the requirements of
Title 13, Chapter 44, Protection of Personal Information Act, or Title 13, Chapter 61,
Utah Consumer Privacy Act.
Section 17. Section
63A-20-701
is enacted to read:
7. General Requirements
63A-20-701
. Duty of loyalty.
The department, a digital wallet provider, a verifier, a relying party, and a digital
guardian shall refrain from practices or activities related to the processing of an individual's
identity attributes from a digital identity that:
(1)
conflict with the best interests of an individual;
(2)
take advantage of or otherwise exploit an individual;
(3)
result in a disproportionate risk to an individual;
(4)
are to an individual's detriment; or
(5)
cause harm to an individual.
Section 18. Section
63A-20-702
is enacted to read:
63A-20-702
. Processing restrictions.
(1)
Any record of a presentation of a state digital identity may only be processed by a
digital wallet provider, a verifier, or a relying party:
(a)
for the primary purpose for which the presentation was performed; or
(b)
if required by law.
(2)
Information provided by a holder, verifier, or relying party to a verifier or relying party
in the course of a presentation may only be:
(a)
processed for the primary purpose for which the holder disclosed the information; and
(b)
used, retained, sold, or shared:
(i)
following conspicuous notice to and express authorization by the holder; or
(ii)
if required by law.
Section 19. Section
63A-20-801
is enacted to read:
8. Enforcement and Audit
63A-20-801
. Complaints and enforcement.
(1)
An individual may submit a complaint to the data privacy ombudsperson alleging a
violation of this chapter by:
(a)
the department;
(b)
a digital wallet provider;
(c)
a verifier; or
(d)
a relying party.
(2)
The data privacy ombudsperson may receive and review a complaint described in
Subsection
(1)
.
(3)
If, after reviewing a complaint, the data privacy ombudsperson has reasonable cause to
believe that a violation of this chapter has occurred, the data privacy ombudsperson may
refer the complaint to the attorney general.
(4)
Upon receiving a referral under Subsection
(3)
, or when the attorney general has
reasonable cause to believe that a violation of this chapter has occurred, the attorney
general is authorized to:
(a)
issue civil investigative demands for depositions, documents, and requests for
information in the time and manner prescribed by the attorney general; and
(b)
bring a civil action in a court of competent jurisdiction to:
(i)
enjoin a violation of this chapter;
(ii)
obtain declaratory relief regarding compliance with this chapter; or
(iii)
recover damages, restitution, and disgorgement on behalf of an individual injured
by a violation of this chapter.
(5)
The attorney general shall treat all information received in accordance with Subsection
(4)
as non-public and confidential unless confidentiality is waived by the providing
party, or upon the filing of an enforcement action.
(6)
In an action brought under Subsection
(4)
, the court may award:
(a)
injunctive relief;
(b)
declaratory relief;
(c)
equitable relief including restitution and disgorgement;
(d)
actual damages;
(e)
costs; and
(f)
reasonable attorney fees.
Section 20. Section
63A-20-802
is enacted to read:
63A-20-802
. Auditing.
(1)
Subject to prioritization of the Legislative Audit Subcommittee created in Section
36-12-8
, the Office of the Legislative Auditor General shall conduct an audit of the
program beginning on January 1, 2028.
(2)
The audit shall evaluate:
(a)
the department's compliance with this chapter;
(b)
whether the department has met the restrictions on monitoring, surveillance, and
tracking described in Section
63A-20-301
;
(c)
the effectiveness of the program in meeting the objectives established in this chapter;
(d)
the appropriate long-term placement of the program within state government; and
(e)
recommended statutory changes to improve the program.
(3)
The Office of the Legislative Auditor General shall:
(a)
complete the audit report by October 31, 2028;
(b)
provide the audit report to the Legislature; and
(c)
present the audit findings to the Legislative Audit Subcommittee at the
subcommittee's next meeting after completion of the audit report.
Section 21. Section
63A-20-901
is enacted to read:
9. Severability
63A-20-901
. Severability.
(1)
If any provision of this chapter or the application of any provision to any person or
circumstance is held invalid by a final decision of a court of competent jurisdiction, the
remainder of this chapter shall be given effect without the invalid provision or
application.
(2)
The provisions of this chapter are severable.
Section 22. Section
63I-1-253
is amended to read:
63I-1-253
. Repeal dates: Titles 53 through 53G.
(1)
Section
53-1-122
, Road Rage Awareness and Prevention Restricted Account, is
repealed July 1, 2028.
(2)
Section
53-2a-105
, Emergency Management Administration Council created --
Function -- Composition -- Expenses, is repealed July 1, 2029.
(3)
Section
53-2a-1103
, Search and Rescue Advisory Board -- Members -- Compensation,
is repealed July 1, 2030.
(4)
Section
53-2a-1104
, General duties of the Search and Rescue Advisory Board, is
repealed July 1, 2027.
(5)
Title 53, Chapter 2a, Part 15, Grid Resilience Committee
, is repealed July 1, 2027.
(6)
Section
53-2d-104
, State Emergency Medical Services Committee -- Membership --
Expenses, is repealed July 1, 2029.
(7)
Section
53-2d-503
, Establishment of maximum rates, is repealed July 1, 2027.
(8)
Section
53-5a-302
, Concealed Firearm Review Board -- Membership -- Compensation
-- Terms -- Duties, is repealed July 1, 2029.
(9)
Section
53-3-235
, Electronic license certificate or identification card, is repealed
January 1, 2027.
(9)
(10)
Section
53-11-104
, Board, is repealed July 1, 2029.
(10)
(11)
Title
53, Chapter 31
, Department Interaction With Local Law Enforcement, is
repealed July 1, 2027.
(11)
(12)
Subsection
53C-3-203
(4)(b)(vii)
, regarding the distribution of money from the
Land Exchange Distribution Account to the Geological Survey for test wells and other
hydrologic studies in the West Desert, is repealed July 1, 2030.
(12)
(13)
Subsection
53E-1-201
(1)(q)
, regarding the Higher Education and Corrections
Council, is repealed July 1, 2027.
(13)
(14)
Subsection
53E-2-304
(6)
, regarding foreclosing a private right of action or
waiver of governmental immunity, is repealed July 1, 2027.
(14)
(15)
Subsection
53E-3-503
(5)
, regarding coordinating councils for youth in care, is
repealed July 1, 2027.
(15)
(16)
Subsection
53E-3-503
(6)
, regarding coordinating councils for youth in care, is
repealed July 1, 2027.
(16)
(17)
Subsection
53E-4-202
(8)(b)
, regarding a standards review committee, is repealed
January 1, 2028.
(17)
(18)
Section
53E-4-203
, Standards review committee, is repealed January 1, 2028.
(18)
(19)
Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission
,
is repealed July 1, 2033.
(19)
(20)
Subsection
53E-7-207
(7)
, regarding a private right of action or waiver of
governmental immunity, is repealed July 1, 2027.
(20)
(21)
Section
53F-5-215
, Elementary teacher preparation assessment grant, is repealed
July 1, 2028.
(21)
(22)
Section
53F-5-219
, Local Innovations Civics Education Pilot Program, is
repealed July 1, 2026.
(22)
(23)
Title 53F, Chapter 10, Part 2, Capital Projects Evaluation Panel
, is repealed July
1, 2027.
(23)
(24)
Subsection
53G-4-608
(2)(b)
, regarding the Utah Seismic Safety Commission, is
repealed January 1, 2025.
(24)
(25)
Subsection
53G-4-608
(4)(b)
, regarding the Utah Seismic Safety Commission, is
repealed January 1, 2025.
(25)
(26)
Section
53G-9-212
, Drinking water quality in schools, is repealed July 1, 2027.
(26)
(27)
Subsection
53G-9-703(4)
, regarding the parental video presentation concerning
student use of technology, is repealed January 1, 2030.
(27)
(28)
Subsection
53H-1-402(1)(j)
, regarding the Higher Education and Corrections
Council, is repealed July 1, 2027.
(28)
(29)
Section
53H-1-604
, Higher Education and Corrections Council, is repealed July
1, 2027.
(29)
(30)
Subsection
53H-4-210(3)
, regarding the creation of the SafeUT and School
Safety Commission, is repealed January 1, 2030.
(30)
(31)
Subsection
53H-4-210(4)
, regarding the appointment of the members of the
SafeUT and School Safety Commission, is repealed January 1, 2030.
(31)
(32)
Subsection
53H-4-210(5)
, regarding the attorney general designating the chair of
the SafeUT and School Safety Commission, is repealed January 1, 2030.
(32)
(33)
Subsection
53H-4-210(6)
, regarding the quorum requirements of the SafeUT and
School Safety Commission, is repealed January 1, 2030.
(33)
(34)
Subsection
53H-4-210(7)
, regarding a formal action of the SafeUT and School
Safety Commission, is repealed January 1, 2030.
(34)
(35)
Subsection
53H-4-210(8)
, regarding compensation for members of the SafeUT
and School Safety Commission, is repealed January 1, 2030.
(35)
(36)
Subsection
53H-4-210(9)
, regarding the support staff for the SafeUT and School
Safety Commission, is repealed January 1, 2030.
(36)
(37)
Section
53H-4-306.1
, Definitions -- Electrification of Transportation
Infrastructure Research Center, is repealed July 1, 2028.
(37)
(38)
Section
53H-4-306.2
, Electrification of Transportation Infrastructure Research
Center -- Designation -- Duties, is repealed July 1, 2028.
(38)
(39)
Section
53H-4-306.3
, Electrification of Transportation Infrastructure Research
Center -- Steering committee, is repealed July 1, 2028.
(39)
(40)
Section
53H-4-306.4
, Electrification of Transportation Infrastructure Research
Center -- Industry advisory board, is repealed July 1, 2028.
(40)
(41)
Section
53H-4-306.5
, Electrification of Transportation Infrastructure Research
Center -- Duties of the project director, is repealed July 1, 2028.
(41)
(42)
Section
53H-4-306.6
, Electrification of Transportation Infrastructure Research
Center -- Project development and strategic objectives -- Reporting requirements, is
repealed July 1, 2028.
(42)
(43)
Section
53H-4-307.1
, Center for Civic Excellence, is repealed July 1, 2030.
(43)
(44)
Section
53H-4-307.2
, Center for Civic Excellence -- Duties -- Authority, is
repealed July 1, 2030.
(44)
(45)
Section
53H-4-307.3
, Center for Civic Excellence -- Leadership, is repealed July
1, 2030.
(45)
(46)
Section
53H-4-307.4
, Center for Civic Excellence -- Faculty, is repealed July 1,
2030.
(46)
(47)
Section
53H-4-307.5
, Center for Civic Excellence -- Curriculum, is repealed July
1, 2030.
(47)
(48)
Section
53H-4-307.6
, Center for Civic Excellence -- Oversight -- Reporting, is
repealed July 1, 2030.
(48)
(49)
Section
53H-4-313
, Food Security Council, is repealed July 1, 2027.
(49)
(50)
Section
53H-8-305
, Five-year performance goals, is repealed July 1, 2027.
(50)
(51)
Title
53H, Chapter 10, Part 4
, Education Savings Incentive Program, is repealed
July 1, 2028.
Section 23.
Repealer.
Definitions.
State digital identity policy.
Department duties.
Section 24.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-6-26 4:16 PM