SB 275

     Enrolled Copy  S.B. 275
1State-Endorsed Digital Identity Program Amendments
                                      2026 GENERAL SESSION
                                             STATE OF UTAH
                                 Chief Sponsor: Kirk A. Cullimore
                                    House Sponsor: Paul A. Cutler
2
3  LONG TITLE
4  General Description:
5      This bill creates the State-Endorsed Digital Identity Program.
6  Highlighted Provisions:
7      This bill:
8      ▸ defines terms;
9      ▸ establishes a digital identity bill of rights;
10      ▸ creates the State-Endorsed Digital Identity Program within the Department of
11  Government Operations;
12      ▸ establishes requirements for state-endorsed digital identities;
13      ▸ adds a state-endorsed digital identity as an acceptable form of proof of age;
14      ▸ establishes application and eligibility requirements for obtaining a state-endorsed digital
15  identity;
16      ▸ establishes identity proofing standards;
17      ▸ establishes requirements for governmental entities, health care providers, digital wallet
18  providers, verifiers, and relying parties;
19      ▸ creates a duty of loyalty related to processing identity attributes;
20      ▸ provides for complaint and enforcement procedures;
21      ▸ provides for a one-time audit by the Office of the Legislative Auditor General;
22      ▸ provides for coordination with state agencies on use cases for the state-endorsed digital
23  identity program;
24      ▸ provides for severability;
25      ▸ provides for the repeal of the electronic license certificate or identification card upon
26  sunset review; and
27      ▸ makes technical and conforming changes.
     S.B. 275  Enrolled Copy
28   Money Appropriated in this Bill:
29None
30   Other Special Clauses:
31None
32   Utah Code Sections Affected:
33   AMENDS:
3426B-7-501, as last amended by Laws of Utah 2025, Chapter 173
3532B-1-102, as last amended by Laws of Utah 2025, First Special Session, Chapter 16
3663A-19-501, as last amended by Laws of Utah 2025, Chapter 475
3763I-1-253, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
38   ENACTS:
3963A-20-101, Utah Code Annotated 1953
4063A-20-201, Utah Code Annotated 1953
4163A-20-202, Utah Code Annotated 1953
4263A-20-203, Utah Code Annotated 1953
4363A-20-204, Utah Code Annotated 1953
4463A-20-301, Utah Code Annotated 1953
4563A-20-302, Utah Code Annotated 1953
4663A-20-303, Utah Code Annotated 1953
4763A-20-304, Utah Code Annotated 1953
4863A-20-305, Utah Code Annotated 1953
4963A-20-401, Utah Code Annotated 1953
5063A-20-501, Utah Code Annotated 1953
5163A-20-601, Utah Code Annotated 1953
5263A-20-701, Utah Code Annotated 1953
5363A-20-702, Utah Code Annotated 1953
5463A-20-801, Utah Code Annotated 1953
5563A-20-802, Utah Code Annotated 1953
5663A-20-901, Utah Code Annotated 1953
57   REPEALS:
5863A-16-1201, as enacted by Laws of Utah 2025, Chapter 352
5963A-16-1202, as enacted by Laws of Utah 2025, Chapter 352
6063A-16-1203, as enacted by Laws of Utah 2025, Chapter 352
61
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62  Be it enacted by the Legislature of the state of Utah:
63Section 1. Section 26B-7-501 is amended to read:
6426B-7-501 . Definitions.
65     As used in this part:
66  (1) "Community location" means the same as that term is defined:
67      (a) as it relates to a municipality, in Section 10-8-41.6; and
68      (b) as it relates to a county, in Section 17-50-333.
69  (2) "Electronic cigarette" means the same as that term is defined in Section 76-9-1101.
70  (3) "Electronic cigarette product" means the same as that term is defined in Section
71      76-9-1101.
72  (4) "Electronic cigarette substance" means the same as that term is defined in Section
73      76-9-1101.
74  (5) "Employee" means an employee of a tobacco retailer.
75  (6) "Enforcing agency" means the department, or any local health department enforcing the
76      provisions of this part.
77  (7) "General tobacco retailer" means a tobacco retailer that is not a retail tobacco specialty
78      business.
79  (8) "Local health department" means the same as that term is defined in Section 26A-1-102.
80  (9) "Manufacture" includes:
81      (a) to cast, construct, or make electronic cigarettes; or
82      (b) to blend, make, process, or prepare an electronic cigarette substance.
83  (10) "Manufacturer sealed electronic cigarette substance" means an electronic cigarette
84      substance that is sold in a container that:
85      (a) is prefilled by the electronic cigarette substance manufacturer; and
86      (b) the electronic cigarette manufacturer does not intend for a consumer to open.
87  (11) "Manufacturer sealed electronic cigarette product" means:
88      (a) an electronic cigarette substance or container that the electronic cigarette
89manufacturer does not intend for a consumer to open or refill; or
90      (b) a prefilled electronic cigarette as that term is defined in Section 76-9-1101.
91  (12) "Nicotine" means the same as that term is defined in Section 76-9-1101.
92  (13) "Nicotine product" means the same as that term is defined in Section 76-9-1101.
93  (14) "Non-tobacco shisha" means any product that:
94      (a) does not contain tobacco or nicotine; and
95      (b) is smoked or intended to be smoked in a hookah or water pipe.
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96   (15) "Owner" means a person holding a 20% ownership interest in the business that is
97required to obtain a permit under this part.
98   (16) "Permit" means a tobacco retail permit issued under Section 26B-7-507.
99   (17) "Place of public access" means any enclosed indoor place of business, commerce,
100banking, financial service, or other service-related activity, whether publicly or privately
101owned and whether operated for profit or not, to which persons not employed at the
102place of public access have general and regular access or which the public uses,
103including:
104(a) buildings, offices, shops, elevators, or restrooms;
105(b) means of transportation or common carrier waiting rooms;
106(c) restaurants, cafes, or cafeterias;
107(d) taverns as defined in Section 32B-1-102, or cabarets;
108(e) shopping malls, retail stores, grocery stores, or arcades;
109(f) libraries, theaters, concert halls, museums, art galleries, planetariums, historical sites,
110auditoriums, or arenas;
111(g) barber shops, hair salons, or laundromats;
112(h) sports or fitness facilities;
113(i) common areas of nursing homes, hospitals, resorts, hotels, motels, "bed and
114breakfast" lodging facilities, and other similar lodging facilities, including the
115lobbies, hallways, elevators, restaurants, cafeterias, other designated dining areas, and
116restrooms of any of these;
117(j)(i) any child care facility or program subject to licensure or certification under this
118title, including those operated in private homes, when any child cared for under
119that license is present; and
120(ii) any child care, other than child care as defined in Section 26B-2-401, that is not
121subject to licensure or certification under this title, when any child cared for by the
122provider, other than the child of the provider, is present;
123(k) public or private elementary or secondary school buildings and educational facilities
124or the property on which those facilities are located;
125(l) any building owned, rented, leased, or otherwise operated by a social, fraternal, or
126religious organization when used solely by the organization members or the
127members' guests or families;
128(m) any facility rented or leased for private functions from which the general public is
129excluded and arrangements for the function are under the control of the function
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130sponsor;
131      (n) any workplace that is not a place of public access or a publicly owned building or
132office but has one or more employees who are not owner-operators of the business;
133      (o) any area where the proprietor or manager of the area has posted a conspicuous sign
134stating "no smoking", "thank you for not smoking", or similar statement; and
135      (p) a holder of a bar establishment license, as defined in Section 32B-1-102.
136  (18)(a) "Proof of age" means:
137(i) a valid identification card issued under Title 53, Chapter 3, Part 8, Identification
138Card Act;
139(ii) a valid identification that:
140(A) is substantially similar to an identification card issued under Title 53, Chapter
1413, Part 8, Identification Card Act;
142(B) is issued in accordance with the laws of a state other than Utah in which the
143identification is issued;
144(C) includes date of birth; and
145(D) has a picture affixed;
146(iii) a valid driver license certificate that is issued under Title 53, Chapter 3, Uniform
147Driver License Act, or in accordance with the laws of the state in which the valid
148driver license is issued;
149(iv) a valid United States military identification card that:
150(A) includes date of birth; and
151(B) has a picture affixed; [or]
152(v) a valid passport[.] ; or
153(vi) a state-endorsed digital identity issued under Title 63A, Chapter 20,
154State-Endorsed Digital Identity.
155      (b) "Proof of age" does not include a valid driving privilege card issued in accordance
156with Section 53-3-207.
157  (19) "Publicly owned building or office" means any enclosed indoor place or portion of a
158      place owned, leased, or rented by any state, county, or municipal government, or by any
159      agency supported by appropriation of, or by contracts or grants from, funds derived from
160      the collection of federal, state, county, or municipal taxes.
161  (20) "Retail tobacco specialty business" means the same as that term is defined:
162      (a) as it relates to a municipality, in Section 10-8-41.6; and
163      (b) as it relates to a county, in Section 17-50-333.
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164   (21) "Shisha" means any product that:
165(a) contains tobacco or nicotine; and
166(b) is smoked or intended to be smoked in a hookah or water pipe.
167   (22) "Smoking" means:
168(a) the possession of any lighted or heated tobacco product in any form;
169(b) inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or
170hookah that contains:
171(i) tobacco or any plant product intended for inhalation;
172(ii) shisha or non-tobacco shisha;
173(iii) nicotine;
174(iv) a natural or synthetic tobacco substitute; or
175(v) a natural or synthetic flavored tobacco product;
176(c) using an electronic cigarette; or
177(d) using an oral smoking device intended to circumvent the prohibition of smoking in
178this part.
179   (23) "Tax commission license" means a license issued by the State Tax Commission under:
180(a) Section 59-14-201 to sell a cigarette at retail;
181(b) Section 59-14-301 to sell a tobacco product at retail; or
182(c) Section 59-14-803 to sell an electronic cigarette product or a nicotine product.
183   (24) "Tobacco product" means:
184(a) a tobacco product as defined in Section 76-9-1101; or
185(b) tobacco paraphernalia as defined in Section 76-9-1101.
186   (25) "Tobacco retailer" means a person that is required to obtain a tax commission license.
187Section 2. Section 32B-1-102 is amended to read:
18832B-1-102 . Definitions.
189      As used in this title:
190   (1) "Airport lounge" means a business location:
191(a) at which an alcoholic product is sold at retail for consumption on the premises; and
192(b) that is located at an international airport or domestic airport.
193   (2) "Airport lounge license" means a license issued in accordance with Chapter 5, Retail
194License Act, and Chapter 6, Part 5, Airport Lounge License.
195   (3) "Alcoholic beverage" means the following:
196(a) beer; or
197(b) liquor.
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198  (4)(a) "Alcoholic product" means a product that:
199(i) contains at least .5% of alcohol by volume; and
200(ii) is obtained by fermentation, infusion, decoction, brewing, distillation, or other
201process that uses liquid or combinations of liquids, whether drinkable or not, to
202create alcohol in an amount equal to or greater than .5% of alcohol by volume.
203      (b) "Alcoholic product" includes an alcoholic beverage.
204      (c) "Alcoholic product" does not include any of the following common items that
205otherwise come within the definition of an alcoholic product:
206(i) except as provided in Subsection (4)(d), an extract;
207(ii) vinegar;
208(iii) preserved nonintoxicating cider;
209(iv) essence;
210(v) tincture;
211(vi) food preparation; or
212(vii) an over-the-counter medicine.
213      (d) "Alcoholic product" includes an extract containing alcohol obtained by distillation
214when it is used as a flavoring in the manufacturing of an alcoholic product.
215  (5) "Alcohol training and education seminar" means a seminar that is:
216      (a) required by Chapter 1, Part 7, Alcohol Training and Education Act; and
217      (b) described in Section 26B-5-205.
218  (6)(a) "Amphitheater" means an outdoor, multi-use performance venue that:
219(i) is primarily used to present live entertainment, including music, dance, comedy,
220and theater;
221(ii) has the capacity to hold over 10,000 patrons; and
222(iii) is located in a county of the first class.
223      (b) "Amphitheater" does not include a space that is used to present sporting events or
224sporting competitions.
225  (7) "Arena" means an enclosed building:
226      (a) that is managed by:
227(i) the same person who owns the enclosed building;
228(ii) a person who has a majority interest in each person who owns or manages a space
229in the enclosed building; or
230(iii) a person who has authority to direct or exercise control over the management or
231policy of each person who owns or manages a space in the enclosed building;
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232(b) that operates as a venue; and
233(c) that has an occupancy capacity of at least 12,500.
234   (8) "Arena license" means a license issued in accordance with Chapter 5, Retail License
235Act, and Chapter 8c, Arena License Act.
236   (9) "Banquet" means an event:
237(a) that is a private event or a privately sponsored event;
238(b) that is held at one or more designated locations approved by the commission in or on
239the premises of:
240(i) a hotel;
241(ii) a resort facility;
242(iii) a sports center;
243(iv) a convention center;
244(v) a performing arts facility;
245(vi) an arena;
246(vii) a restaurant venue; or
247(viii) an amphitheater;
248(c) for which there is a contract:
249(i) between a person operating a facility listed in Subsection (9)(b) and another
250person that has common ownership of less than 20% with the person operating the
251facility; and
252(ii) under which the person operating a facility listed in Subsection (9)(b) is required
253to provide an alcoholic product at the event; and
254(d) at which food and alcoholic products may be sold, offered for sale, or furnished.
255   (10)(a) "Bar establishment license" means a license issued in accordance with Chapter 5,
256Retail License Act, and Chapter 6, Part 4, Bar Establishment License.
257(b) "Bar establishment license" includes:
258(i) a dining club license;
259(ii) an equity license;
260(iii) a fraternal license; or
261(iv) a bar license.
262   (11) "Bar license" means a license issued in accordance with Chapter 5, Retail License Act,
263and Chapter 6, Part 4, Bar Establishment License.
264   (12)(a) "Beer" means a product that:
265(i) contains:
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266(A) at least .5% of alcohol by volume; and
267(B) no more than 5% of alcohol by volume or 4% by weight;
268(ii) is obtained by fermentation, infusion, or decoction of:
269(A) malt; or
270(B) a malt substitute; and
271(iii) is clearly marketed, labeled, and identified as:
272(A) beer;
273(B) ale;
274(C) porter;
275(D) stout;
276(E) lager;
277(F) a malt;
278(G) a malted beverage; or
279(H) seltzer.
280      (b) "Beer" may contain:
281(i) hops extract;
282(ii) caffeine, if the caffeine is a natural constituent of an added ingredient; or
283(iii) a propylene glycol-, ethyl alcohol-, or ethanol-based flavoring agent that:
284(A) is used in the production of beer;
285(B) is in a formula approved by the federal Alcohol and Tobacco Tax and Trade
286Bureau after the formula is filed for approval under 27 C.F.R. Sec. 25.55; and
287(C) does not contribute more than 10% of the overall alcohol content of the beer.
288      (c) "Beer" does not include:
289(i) a flavored malt beverage;
290(ii) a product that contains alcohol derived from:
291(A) except as provided in Subsection (12)(b)(iii), spirituous liquor; or
292(B) wine; or
293(iii) a product that contains an additive masking or altering a physiological effect of
294alcohol, including kratom, kava, cannabidiol, or natural or synthetic
295tetrahydrocannabinol.
296  (13) "Beer-only restaurant license" means a license issued in accordance with Chapter 5,
297      Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License.
298  (14) "Beer retailer" means a business that:
299      (a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for
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300consumption on or off the business premises; and
301(b) is licensed as:
302(i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise
303Beer Retailer Local Authority; or
304(ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and
305Chapter 6, Part 7, On-Premise Beer Retailer License.
306   (15) "Beer wholesaling license" means a license:
307(a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
308(b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more retail
309licensees or off-premise beer retailers.
310   (16) "Billboard" means a public display used to advertise, including:
311(a) a light device;
312(b) a painting;
313(c) a drawing;
314(d) a poster;
315(e) a sign;
316(f) a signboard; or
317(g) a scoreboard.
318   (17) "Brewer" means a person engaged in manufacturing:
319(a) beer;
320(b) heavy beer; or
321(c) a flavored malt beverage.
322   (18) "Brewery manufacturing license" means a license issued in accordance with Chapter
32311, Part 5, Brewery Manufacturing License.
324   (19) "Certificate of approval" means a certificate of approval obtained from the department
325under Section 32B-11-201.
326   (20) "Chartered bus" means a passenger bus, coach, or other motor vehicle provided by a
327bus company to a group of persons pursuant to a common purpose:
328(a) under a single contract;
329(b) at a fixed charge in accordance with the bus company's tariff; and
330(c) to give the group of persons the exclusive use of the passenger bus, coach, or other
331motor vehicle, and a driver to travel together to one or more specified destinations.
332   (21) "Church" means a building:
333(a) set apart for worship;
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334      (b) in which religious services are held;
335      (c) with which clergy is associated; and
336      (d) that is tax exempt under the laws of this state.
337  (22) "Commission" means the Alcoholic Beverage Services Commission created in Section
338      32B-2-201.
339  (23) "Commissioner" means a member of the commission.
340  (24) "Community location" means:
341      (a) a public or private school as defined in Subsection (116);
342      (b) a church;
343      (c) a public library;
344      (d) a public playground; or
345      (e) a public park.
346  (25) "Community location governing authority" means:
347      (a) the governing body of the community location; or
348      (b) if the commission does not know who is the governing body of a community
349location, a person who appears to the commission to have been given on behalf of the
350community location the authority to prohibit an activity at the community location.
351  (26) "Container" means a receptacle that contains an alcoholic product, including:
352      (a) a bottle;
353      (b) a vessel; or
354      (c) a similar item.
355  (27) "Controlled group of manufacturers" means as the commission defines by rule made in
356      accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
357  (28) "Convention center" means a facility that is:
358      (a) in total at least 30,000 square feet; and
359      (b) otherwise defined as a "convention center" by the commission by rule.
360  (29)(a) "Counter" means a surface or structure in a dining area of a licensed premises
361      where seating is provided to a patron for service of food.
362      (b) "Counter" does not include a dispensing structure.
363  (30) "Crime involving moral turpitude" is as defined by the commission by rule.
364  (31) "Department" means the Department of Alcoholic Beverage Services created in
365      Section 32B-2-203.
366  (32) "Department compliance officer" means an individual who is:
367      (a) an auditor or inspector; and
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368(b) employed by the department.
369   (33) "Department sample" means liquor that is placed in the possession of the department
370for testing, analysis, and sampling.
371   (34) "Dining club license" means a license issued in accordance with Chapter 5, Retail
372License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
373commission as a dining club license.
374   (35) "Director," unless the context requires otherwise, means the director of the department.
375   (36) "Disciplinary proceeding" means an adjudicative proceeding permitted under this title:
376(a) against a person subject to administrative action; and
377(b) that is brought on the basis of a violation of this title.
378   (37)(a) Subject to Subsection (37)(b), "dispense" means:
379(i) drawing an alcoholic product; and
380(ii) using the alcoholic product at the location from which it was drawn to mix or
381prepare an alcoholic product to be furnished to a patron of the retail licensee.
382(b) The definition of "dispense" in this Subsection (37) applies only to:
383(i) a full-service restaurant license;
384(ii) a limited-service restaurant license;
385(iii) a reception center license;
386(iv) a beer-only restaurant license;
387(v) a bar license;
388(vi) an on-premise beer retailer;
389(vii) an airport lounge license;
390(viii) an on-premise banquet license; and
391(ix) a hospitality amenity license.
392   (38) "Dispensing structure" means a surface or structure on a licensed premises:
393(a) where an alcoholic product is dispensed; or
394(b) from which an alcoholic product is served.
395   (39) "Distillery manufacturing license" means a license issued in accordance with Chapter
39611, Part 4, Distillery Manufacturing License.
397   (40) "Distressed merchandise" means an alcoholic product in the possession of the
398department that is saleable, but for some reason is unappealing to the public.
399   (41) "Domestic airport" means an airport that:
400(a) has at least 15,000 commercial airline passenger boardings in any five-year period;
401(b) receives scheduled commercial passenger aircraft service; and
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402      (c) is not an international airport.
403  (42) "Equity license" means a license issued in accordance with Chapter 5, Retail License
404      Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
405      commission as an equity license.
406  (43) "Event permit" means:
407      (a) a single event permit; or
408      (b) a temporary beer event permit.
409  (44) "Exempt license" means a license exempt under Section 32B-1-201 from being
410      considered in determining the total number of retail licenses that the commission may
411      issue at any time.
412  (45)(a) "Flavored malt beverage" means a beverage:
413(i) that contains at least .5% alcohol by volume;
414(ii) for which the producer is required to file a formula for approval with the federal
415Alcohol and Tobacco Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 because
416the beverage is treated by processing, filtration, or another method of manufacture
417that is not generally recognized as a traditional process in the production of a beer,
418ale, porter, stout, lager, or malt liquor; and
419(iii) for which the producer is required to file a formula for approval with the federal
420Alcohol and Tobacco Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 because
421the beverage includes an ingredient containing alcohol.
422      (b) "Flavored malt beverage" may contain a propylene glycol-, ethyl alcohol-, or
423ethanol-based flavoring agent that contributes to the overall alcohol content of the
424beverage.
425      (c) "Flavored malt beverage" does not include beer or heavy beer.
426      (d) "Flavored malt beverage" is considered liquor for purposes of this title.
427  (46) "Fraternal license" means a license issued in accordance with Chapter 5, Retail License
428      Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
429      commission as a fraternal license.
430  (47) "Full-service restaurant license" means a license issued in accordance with Chapter 5,
431      Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License.
432  (48)(a) "Furnish" means by any means to provide with, supply, or give an individual an
433      alcoholic product, by sale or otherwise.
434      (b) "Furnish" includes to:
435(i) serve;
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436(ii) deliver; or
437(iii) otherwise make available.
438   (49) "Guest" means an individual who meets the requirements of Subsection 32B-6-407(9).
439   (50) "Hard cider" means the same as that term is defined in 26 U.S.C. Sec. 5041.
440   (51) "Health care practitioner" means:
441(a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
442(b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
443(c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
444(d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice
445Act;
446(e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b,
447Nurse Practice Act;
448(f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy
449Practice Act;
450(g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
451Therapy Practice Act;
452(h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
453(i) a mental health professional licensed under Title 58, Chapter 60, Mental Health
454Professional Practice Act;
455(j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
456(k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice
457Act;
458(l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental
459Hygienist Practice Act; and
460(m) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant
461Act.
462   (52)(a) "Heavy beer" means a product that:
463(i)(A) contains more than 5% alcohol by volume;
464(B) contains at least .5% of alcohol by volume and no more than 5% of alcohol by
465volume or 4% by weight, and a propolyne glycol-, ethyl alcohol-, or
466ethanol-based flavoring agent that contributes more than 10% of the overall
467alcohol content of the product; or
468(C) contains at least .5% of alcohol by volume and no more than 5% of alcohol by
469volume or 4% by weight, and has a label or packaging that is rejected under
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470Subsection 32B-1-606(3)(b); and
471(ii) is obtained by fermentation, infusion, or decoction of:
472(A) malt; or
473(B) a malt substitute.
474      (b) "Heavy beer" may, if the heavy beer contains more than 5% alcohol by volume,
475contain a propolyne glycol-, ethyl alcohol-, or ethanol-based flavoring agent that
476contributes to the overall alcohol content of the heavy beer.
477      (c) "Heavy beer" does not include:
478(i) a flavored malt beverage;
479(ii) a product that contains alcohol derived from:
480(A) except as provided in Subsections (52)(a)(i)(B) and (52)(b), spirituous liquor;
481or
482(B) wine; or
483(iii) a product that contains an additive masking or altering a physiological effect of
484alcohol, including kratom, kava, cannabidiol, or natural or synthetic
485tetrahydrocannabinol.
486      (d) "Heavy beer" is considered liquor for the purposes of this title.
487  (53) "Hospitality amenity license" means a license issued in accordance with Chapter 5,
488      Retail License Act, and Chapter 6, Part 10, Hospitality Amenity License.
489  (54)(a) "Hotel" means a commercial lodging establishment that:
490(i) offers at least 40 rooms as temporary sleeping accommodations for compensation;
491(ii) is capable of hosting conventions, conferences, and food and beverage functions
492under a banquet contract; and
493(iii)(A) has adequate kitchen or culinary facilities on the premises to provide
494complete meals;
495(B) has at least 1,000 square feet of function space consisting of meeting or dining
496rooms that can be reserved for a banquet and can accommodate at least 75
497individuals; or
498(C) if the establishment is located in a small or unincorporated locality, has an
499appropriate amount of function space consisting of meeting or dining rooms
500that can be reserved for private use under a banquet contract, as determined by
501the commission.
502      (b) "Hotel" includes a commercial lodging establishment that:
503(i) meets the requirements under Subsection (54)(a); and
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504(ii) has one or more privately owned dwelling units.
505   (55) "Hotel license" means a license issued in accordance with Chapter 5, Retail License
506Act, and Chapter 8b, Hotel License Act.
507   (56) "Identification card" means an identification card issued under Title 53, Chapter 3, Part
5088, Identification Card Act.
509   (57) "Industry representative" means an individual who is compensated by salary,
510commission, or other means for representing and selling an alcoholic product of a
511manufacturer, supplier, or importer of liquor.
512   (58) "Industry representative sample" means liquor that is placed in the possession of the
513department for testing, analysis, and sampling by a local industry representative on the
514premises of the department to educate the local industry representative of the quality and
515characteristics of the product.
516   (59)(a) "Interdicted person" means a person to whom the sale, offer for sale, or
517furnishing of an alcoholic product is prohibited by:
518(i) law; or
519(ii) court order.
520(b) "Interdicted person" includes a person who voluntarily obtains a driver license
521certificate under Section 53-3-236 or an identification card under Section 53-3-805
522with an interdicted person identifier.
523   (60) "International airport" means an airport:
524(a) with a United States Customs and Border Protection office on the premises of the
525airport; and
526(b) at which international flights may enter and depart.
527   (61) "Intoxicated" or "intoxication" means that
528an individual exhibits plain and easily observable outward manifestations of behavior or
529physical signs produced by or as a result of the use of:
530(a) an alcoholic product;
531(b) a controlled substance;
532(c) a substance having the property of releasing toxic vapors; or
533(d) a combination of products or substances described in Subsections (61)(a) through (c).
534   (62) "Investigator" means an individual who is:
535(a) a department compliance officer; or
536(b) a nondepartment enforcement officer.
537   (63) "License" means:
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538      (a) a retail license;
539      (b) a sublicense;
540      (c) a license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State
541License;
542      (d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses
543Act;
544      (e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
545      (f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
546      (g) a license issued in accordance with Chapter 17, Liquor Transport License Act.
547  (64) "Licensee" means a person who holds a license.
548  (65) "Limited-service restaurant license" means a license issued in accordance with Chapter
549      5, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License.
550  (66) "Limousine" means a motor vehicle licensed by the state or a local authority, other
551      than a bus or taxicab:
552      (a) in which the driver and a passenger are separated by a partition, glass, or other
553barrier;
554      (b) that is provided by a business entity to one or more individuals at a fixed charge in
555accordance with the business entity's tariff; and
556      (c) to give the one or more individuals the exclusive use of the limousine and a driver to
557travel to one or more specified destinations.
558  (67)(a)(i) "Liquor" means a liquid that:
559(A) is:
560(I) alcohol;
561(II) an alcoholic, spirituous, vinous, fermented, malt, or other liquid;
562(III) a combination of liquids a part of which is spirituous, vinous, or
563fermented; or
564(IV) other drink or drinkable liquid; and
565(B)(I) contains at least .5% alcohol by volume; and
566(II) is suitable to use for beverage purposes.
567(ii) "Liquor" includes:
568(A) heavy beer;
569(B) wine; and
570(C) a flavored malt beverage.
571      (b) "Liquor" does not include beer.
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572   (68) "Liquor Control Fund" means the enterprise fund created by Section 32B-2-301.
573   (69) "Liquor transport license" means a license issued in accordance with Chapter 17,
574Liquor Transport License Act.
575   (70) "Liquor warehousing license" means a license that is issued:
576(a) in accordance with Chapter 12, Liquor Warehousing License Act; and
577(b) to a person, other than a licensed manufacturer, who engages in the importation for
578storage, sale, or distribution of liquor regardless of amount.
579   (71) "Local authority" means:
580(a) for premises that are located in an unincorporated area of a county, the governing
581body of a county;
582(b) for premises that are located in an incorporated city or town, the governing body of
583the city or town; or
584(c) for premises that are located in a project area as defined in Section 63H-1-102 and in
585a project area plan adopted by the Military Installation Development Authority under
586Title 63H, Chapter 1, Military Installation Development Authority Act, the Military
587Installation Development Authority.
588   (72) "Lounge or bar area" is as defined by rule made by the commission.
589   (73) "Malt substitute" means:
590(a) rice;
591(b) grain;
592(c) bran;
593(d) glucose;
594(e) sugar; or
595(f) molasses.
596   (74) "Manufacture" means to distill, brew, rectify, mix, compound, process, ferment, or
597otherwise make an alcoholic product for personal use or for sale or distribution to others.
598   (75) "Member" means an individual who, after paying regular dues, has full privileges in an
599equity licensee or fraternal licensee.
600   (76)(a) "Military installation" means a base, air field, camp, post, station, yard, center, or
601homeport facility for a ship:
602(i)(A) under the control of the United States Department of Defense; or
603(B) of the National Guard;
604(ii) that is located within the state; and
605(iii) including a leased facility.
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606      (b) "Military installation" does not include a facility used primarily for:
607(i) civil works;
608(ii) a rivers and harbors project; or
609(iii) a flood control project.
610  (77) "Minibar" means an area of a hotel guest room where one or more alcoholic products
611      are kept and offered for self-service sale or consumption.
612  (78) "Minor" means an individual under 21 years old.
613  (79) "Nondepartment enforcement agency" means an agency that:
614      (a)(i) is a state agency other than the department; or
615(ii) is an agency of a county, city, or town; and
616      (b) has a responsibility to enforce one or more provisions of this title.
617  (80) "Nondepartment enforcement officer" means an individual who is:
618      (a) a peace officer, examiner, or investigator; and
619      (b) employed by a nondepartment enforcement agency.
620  (81)(a) "Off-premise beer retailer" means a beer retailer who is:
621(i) licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and
622(ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's
623premises.
624      (b) "Off-premise beer retailer" does not include an on-premise beer retailer.
625  (82) "Off-premise beer retailer state license" means a state license issued in accordance
626      with Chapter 7, Part 4, Off-premise Beer Retailer State License.
627  (83) "On-premise banquet license" means a license issued in accordance with Chapter 5,
628      Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License.
629  (84) "On-premise beer retailer" means a beer retailer who is:
630      (a) authorized to sell, offer for sale, or furnish beer under a license issued in accordance
631with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer
632License; and
633      (b) engaged in the sale of beer to a patron for consumption on the beer retailer's
634premises:
635(i) regardless of whether the beer retailer sells beer for consumption off the licensed
636premises; and
637(ii) on and after March 1, 2012, operating:
638(A) as a tavern; or
639(B) in a manner that meets the requirements of Subsection 32B-6-703(2)(e)(i).
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640   (85) "Opaque" means impenetrable to sight.
641   (86) "Package agency" means a retail liquor location operated:
642(a) under an agreement with the department; and
643(b) by a person:
644(i) other than the state; and
645(ii) who is authorized by the commission in accordance with Chapter 2, Part 6,
646Package Agency, to sell packaged liquor for consumption off the premises of the
647package agency.
648   (87) "Package agent" means a person who holds a package agency.
649   (88) "Patron" means an individual to whom food, beverages, or services are sold, offered
650for sale, or furnished, or who consumes an alcoholic product including:
651(a) a customer;
652(b) a member;
653(c) a guest;
654(d) an attendee of a banquet or event;
655(e) an individual who receives room service;
656(f) a resident of a resort; or
657(g) a hospitality guest, as defined in Section 32B-6-1002, under a hospitality amenity
658license.
659   (89)(a) "Performing arts facility" means a multi-use performance space that:
660(i) is primarily used to present various types of performing arts, including dance,
661music, and theater;
662(ii) contains over 2,500 seats;
663(iii) is owned and operated by a governmental entity; and
664(iv) is located in a city of the first class.
665(b) "Performing arts facility" does not include a space that is used to present sporting
666events or sporting competitions.
667   (90) "Permittee" means a person issued a permit under:
668(a) Chapter 9, Event Permit Act; or
669(b) Chapter 10, Special Use Permit Act.
670   (91) "Person subject to administrative action" means:
671(a) a licensee;
672(b) a permittee;
673(c) a manufacturer;
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674      (d) a supplier;
675      (e) an importer;
676      (f) one of the following holding a certificate of approval:
677(i) an out-of-state brewer;
678(ii) an out-of-state importer of beer, heavy beer, or flavored malt beverages; or
679(iii) an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or
680      (g) staff of:
681(i) a person listed in Subsections (91)(a) through (f); or
682(ii) a package agent.
683  (92) "Premises" means a building, enclosure, or room used in connection with the storage,
684      sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product,
685      unless otherwise defined in this title or rules made by the commission.
686  (93) "Prescription" means an order issued by a health care practitioner when:
687      (a) the health care practitioner is licensed under Title 58, Occupations and Professions,
688to prescribe a controlled substance, other drug, or device for medicinal purposes;
689      (b) the order is made in the course of that health care practitioner's professional practice;
690and
691      (c) the order is made for obtaining an alcoholic product for medicinal purposes only.
692  (94)(a) "Primary spirituous liquor" means the main distilled spirit in a beverage.
693      (b) "Primary spirituous liquor" does not include a secondary flavoring ingredient.
694  (95) "Principal license" means:
695      (a) a resort license;
696      (b) a hotel license; or
697      (c) an arena license.
698  (96)(a) "Private event" means a specific social, business, or recreational event:
699(i) for which an entire room, area, or hall is leased or rented in advance by an
700identified group; and
701(ii) that is limited in attendance to people who are specifically designated and their
702guests.
703      (b) "Private event" does not include an event to which the general public is invited,
704whether for an admission fee or not.
705  (97) "Privately sponsored event" means a specific social, business, or recreational event:
706      (a) that is held in or on the premises of an on-premise banquet licensee; and
707      (b) to which entry is restricted by an admission fee.
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708   (98)(a) "Proof of age" means:
709(i) an identification card;
710(ii) an identification that:
711(A) is substantially similar to an identification card;
712(B) is issued in accordance with the laws of a state other than Utah in which the
713identification is issued;
714(C) includes date of birth; and
715(D) has a picture affixed;
716(iii) a valid driver license certificate that:
717(A) includes date of birth;
718(B) has a picture affixed; and
719(C) is issued under Title 53, Chapter 3, Uniform Driver License Act, in
720accordance with the laws of the state in which it is issued, or in accordance
721with federal law by the United States Department of State;
722(iv) a military identification card that:
723(A) includes date of birth; and
724(B) has a picture affixed; [or]
725(v) a valid passport[.] ; or
726(vi) a state-endorsed digital identity issued under Title 63A, Chapter 20,
727State-Endorsed Digital Identity.
728(b) "Proof of age" does not include a driving privilege card issued in accordance with
729Section 53-3-207.
730   (99) "Provisions applicable to a sublicense" means:
731(a) for a full-service restaurant sublicense, the provisions applicable to a full-service
732restaurant license under Chapter 6, Part 2, Full-Service Restaurant License;
733(b) for a limited-service restaurant sublicense, the provisions applicable to a
734limited-service restaurant license under Chapter 6, Part 3, Limited-Service Restaurant
735License;
736(c) for a bar establishment sublicense, the provisions applicable to a bar establishment
737license under Chapter 6, Part 4, Bar Establishment License;
738(d) for an on-premise banquet sublicense, the provisions applicable to an on-premise
739banquet license under Chapter 6, Part 6, On-Premise Banquet License;
740(e) for an on-premise beer retailer sublicense, the provisions applicable to an on-premise
741beer retailer license under Chapter 6, Part 7, On-Premise Beer Retailer License;
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742      (f) for a beer-only restaurant sublicense, the provisions applicable to a beer-only
743restaurant license under Chapter 6, Part 9, Beer-Only Restaurant License;
744      (g) for a hospitality amenity license, the provisions applicable to a hospitality amenity
745license under Chapter 6, Part 10, Hospitality Amenity License; and
746      (h) for a spa sublicense, the provisions applicable to the sublicense under Chapter 8d,
747Part 2, Resort Spa Sublicense.
748  (100)(a) "Public building" means a building or permanent structure that is:
749(i) owned or leased by:
750(A) the state; or
751(B) a local government entity; and
752(ii) used for:
753(A) public education;
754(B) transacting public business; or
755(C) regularly conducting government activities.
756      (b) "Public building" does not include a building owned by the state or a local
757government entity when the building is used by a person, in whole or in part, for a
758proprietary function.
759  (101) "Public conveyance" means a conveyance that the public or a portion of the public
760      has access to and a right to use for transportation, including an airline, railroad, bus,
761      boat, or other public conveyance.
762  (102) "Reception center" means a business that:
763      (a) operates facilities that are at least 5,000 square feet; and
764      (b) has as its primary purpose the leasing of the facilities described in Subsection
765(102)(a) to a third party for the third party's event.
766  (103) "Reception center license" means a license issued in accordance with Chapter 5,
767      Retail License Act, and Chapter 6, Part 8, Reception Center License.
768  (104)(a) "Record" means information that is:
769(i) inscribed on a tangible medium; or
770(ii) stored in an electronic or other medium and is retrievable in a perceivable form.
771      (b) "Record" includes:
772(i) a book;
773(ii) a book of account;
774(iii) a paper;
775(iv) a contract;
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776(v) an agreement;
777(vi) a document; or
778(vii) a recording in any medium.
779   (105) "Residence" means a person's principal place of abode within Utah.
780   (106) "Resident," in relation to a resort, means the same as that term is defined in Section
78132B-8-102.
782   (107) "Resort" means the same as that term is defined in Section 32B-8-102.
783   (108) "Resort facility" is as defined by the commission by rule.
784   (109) "Resort license" means a license issued in accordance with Chapter 5, Retail License
785Act, and Chapter 8, Resort License Act.
786   (110) "Responsible alcohol service plan" means a written set of policies and procedures that
787outlines measures to prevent employees from:
788(a) over-serving alcoholic beverages to customers;
789(b) serving alcoholic beverages to customers who are actually, apparently, or obviously
790intoxicated; and
791(c) serving alcoholic beverages to minors.
792   (111) "Restaurant" means a business location:
793(a) at which a variety of foods are prepared;
794(b) at which complete meals are served; and
795(c) that is engaged primarily in serving meals.
796   (112) "Restaurant license" means one of the following licenses issued under this title:
797(a) a full-service restaurant license;
798(b) a limited-service restaurant license; or
799(c) a beer-only restaurant license.
800   (113) "Restaurant venue" means a room within a restaurant that:
801(a) is located on the licensed premises of a restaurant licensee;
802(b) is separated from the area within the restaurant for a patron's consumption of food by
803a permanent, opaque, floor-to-ceiling wall such that the inside of the room is not
804visible to a patron in the area within the restaurant for a patron's consumption of
805food; and
806(c)(i) has at least 1,000 square feet that:
807(A) may be reserved for a banquet; and
808(B) accommodates at least 75 individuals; or
809(ii) if the restaurant is located in a small or unincorporated locality, has an
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810appropriate amount of space, as determined by the commission, that may be
811reserved for a banquet.
812  (114) "Retail license" means one of the following licenses issued under this title:
813      (a) a full-service restaurant license;
814      (b) a master full-service restaurant license;
815      (c) a limited-service restaurant license;
816      (d) a master limited-service restaurant license;
817      (e) a bar establishment license;
818      (f) an airport lounge license;
819      (g) an on-premise banquet license;
820      (h) an on-premise beer license;
821      (i) a reception center license;
822      (j) a beer-only restaurant license;
823      (k) a hospitality amenity license;
824      (l) a resort license;
825      (m) a hotel license; or
826      (n) an arena license.
827  (115) "Room service" means furnishing an alcoholic product to a person in a guest room or
828      privately owned dwelling unit of a:
829      (a) hotel; or
830      (b) resort facility.
831  (116)(a) "School" means a building in which any part is used for more than three hours
832      each weekday during a school year as a public or private:
833(i) elementary school;
834(ii) secondary school; or
835(iii) kindergarten.
836      (b) "School" does not include:
837(i) a nursery school;
838(ii) a day care center;
839(iii) a trade and technical school;
840(iv) a preschool;
841(v) a home school;
842(vi) a home-based microschool as defined in Section 53G-6-201; or
843(vii) a micro-education entity as defined in Section 53G-6-201.
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844   (117) "Secondary flavoring ingredient" means any spirituous liquor added to a beverage for
845additional flavoring that is different in type, flavor, or brand from the primary spirituous
846liquor in the beverage.
847   (118) "Sell" or "offer for sale" means a transaction, exchange, or barter whereby, for
848consideration, an alcoholic product is either directly or indirectly transferred, solicited,
849ordered, delivered for value, or by a means or under a pretext is promised or obtained,
850whether done by a person as a principal, proprietor, or as staff, unless otherwise defined
851in this title or the rules made by the commission.
852   (119) "Serve" means to place an alcoholic product before an individual.
853   (120) "Sexually oriented entertainer" means a person who while in a state of seminudity
854appears at or performs:
855(a) for the entertainment of one or more patrons;
856(b) on the premises of:
857(i) a bar licensee; or
858(ii) a tavern;
859(c) on behalf of or at the request of the licensee described in Subsection (120)(b);
860(d) on a contractual or voluntary basis; and
861(e) whether or not the person is designated as:
862(i) an employee;
863(ii) an independent contractor;
864(iii) an agent of the licensee; or
865(iv) a different type of classification.
866   (121) "Shared seating area" means the licensed premises of two or more restaurant
867licensees that the restaurant licensees share as an area for alcoholic beverage
868consumption in accordance with Subsection 32B-5-207(3).
869   (122) "Single event permit" means a permit issued in accordance with Chapter 9, Part 3,
870Single Event Permit.
871   (123) "Small brewer" means a brewer who manufactures less than 60,000 barrels of beer,
872heavy beer, and flavored malt beverage per year, as the department calculates by:
873(a) if the brewer is part of a controlled group of manufacturers, including the combined
874volume totals of production for all breweries that constitute the controlled group of
875manufacturers; and
876(b) excluding beer, heavy beer, or flavored malt beverage the brewer:
877(i) manufactures that is unfit for consumption as, or in, a beverage, as the commission
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878determines by rule made in accordance with Title 63G, Chapter 3, Utah
879Administrative Rulemaking Act; and
880(ii) does not sell for consumption as, or in, a beverage.
881  (124) "Small or unincorporated locality" means:
882      (a) a city of the third, fourth, or fifth class, as classified under Section 10-2-301;
883      (b) a town, as classified under Section 10-2-301; or
884      (c) an unincorporated area in a county of the third, fourth, or fifth class, as classified
885under Section 17-60-104.
886  (125) "Spa sublicense" means a sublicense:
887      (a) to a resort license or hotel license; and
888      (b) that the commission issues in accordance with Chapter 8d, Part 2, Resort Spa
889Sublicense.
890  (126) "Special use permit" means a permit issued in accordance with Chapter 10, Special
891      Use Permit Act.
892  (127)(a) "Spirituous liquor" means liquor that is distilled.
893      (b) "Spirituous liquor" includes an alcoholic product defined as a "distilled spirit" by 27
894U.S.C. Sec. 211 and 27 C.F.R. Secs. 5.11 through 5.23.
895  (128) "Sports center" is as defined by the commission by rule.
896  (129)(a) "Staff" means an individual who engages in activity governed by this title:
897(i) on behalf of a business, including a package agent, licensee, permittee, or
898certificate holder;
899(ii) at the request of the business, including a package agent, licensee, permittee, or
900certificate holder; or
901(iii) under the authority of the business, including a package agent, licensee,
902permittee, or certificate holder.
903      (b) "Staff" includes:
904(i) an officer;
905(ii) a director;
906(iii) an employee;
907(iv) personnel management;
908(v) an agent of the licensee, including a managing agent;
909(vi) an operator; or
910(vii) a representative.
911  (130) "State of nudity" means:
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912(a) the appearance of:
913(i) the nipple or areola of a female human breast;
914(ii) a human genital;
915(iii) a human pubic area; or
916(iv) a human anus; or
917(b) a state of dress that fails to opaquely cover:
918(i) the nipple or areola of a female human breast;
919(ii) a human genital;
920(iii) a human pubic area; or
921(iv) a human anus.
922   (131) "State of seminudity" means a state of dress in which opaque clothing covers no more
923than:
924(a) the nipple and areola of the female human breast in a shape and color other than the
925natural shape and color of the nipple and areola; and
926(b) the human genitals, pubic area, and anus:
927(i) with no less than the following at its widest point:
928(A) four inches coverage width in the front of the human body; and
929(B) five inches coverage width in the back of the human body; and
930(ii) with coverage that does not taper to less than one inch wide at the narrowest point.
931   (132)(a) "State store" means a facility for the sale of packaged liquor:
932(i) located on premises owned or leased by the state; and
933(ii) operated by a state employee.
934(b) "State store" does not include:
935(i) a package agency;
936(ii) a licensee; or
937(iii) a permittee.
938   (133)(a) "Storage area" means an area on licensed premises where the licensee stores an
939alcoholic product.
940(b) "Store" means to place or maintain in a location an alcoholic product.
941   (134) "Sublicense" means:
942(a) any of the following licenses issued as a subordinate license to, and contingent on the
943issuance of, a principal license:
944(i) a full-service restaurant license;
945(ii) a limited-service restaurant license;
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946(iii) a bar establishment license;
947(iv) an on-premise banquet license;
948(v) an on-premise beer retailer license;
949(vi) a beer-only restaurant license; or
950(vii) a hospitality amenity license; or
951      (b) a spa sublicense.
952  (135) "Supplier" means a person who sells an alcoholic product to the department.
953  (136) "Tavern" means an on-premise beer retailer who is:
954      (a) issued a license by the commission in accordance with Chapter 5, Retail License Act,
955and Chapter 6, Part 7, On-Premise Beer Retailer License; and
956      (b) designated by the commission as a tavern in accordance with Chapter 6, Part 7,
957On-Premise Beer Retailer License.
958  (137) "Temporary beer event permit" means a permit issued in accordance with Chapter 9,
959      Part 4, Temporary Beer Event Permit.
960  (138) "Temporary domicile" means the principal place of abode within Utah of a person
961      who does not have a present intention to continue residency within Utah permanently or
962      indefinitely.
963  (139) "Translucent" means a substance that allows light to pass through, but does not allow
964      an object or person to be seen through the substance.
965  (140) "Unsaleable liquor merchandise" means a container that:
966      (a) is unsaleable because the container is:
967(i) unlabeled;
968(ii) leaky;
969(iii) damaged;
970(iv) difficult to open; or
971(v) partly filled;
972      (b)(i) has faded labels or defective caps or corks;
973(ii) has contents that are:
974(A) cloudy;
975(B) spoiled; or
976(C) chemically determined to be impure; or
977(iii) contains:
978(A) sediment; or
979(B) a foreign substance; or
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980(c) is otherwise considered by the department as unfit for sale.
981   (141)(a) "Wine" means an alcoholic product obtained by the fermentation of the natural
982sugar content of fruits, plants, honey, or milk, or other like substance, whether or not
983another ingredient is added.
984(b) "Wine" includes:
985(i) an alcoholic beverage defined as wine under 27 U.S.C. Sec. 211 and 27 C.F.R.
986Sec. 4.10; and
987(ii) hard cider.
988(c) "Wine" is considered liquor for purposes of this title, except as otherwise provided in
989this title.
990   (142) "Winery manufacturing license" means a license issued in accordance with Chapter
99111, Part 3, Winery Manufacturing License.
992Section 3. Section 63A-19-501 is amended to read:
99363A-19-501 . Data privacy ombudsperson.
994   (1) The governor shall appoint a data privacy ombudsperson with the advice of the
995governing board.
996   (2) The ombudsperson shall:
997(a) be familiar with the provisions of:
998(i) this chapter;
999(ii) Chapter 12, Division of Archives and Records Service and Management of
1000  Government Records;
1001  (iii) Chapter 20, State-Endorsed Digital Identity; and
1002  [(iii)] (iv) Title 63G, Chapter 2, Government Records Access and Management Act;
1003  and
1004  (b) serve as a resource for:
1005  (i) an individual who is making or responding to a complaint about a governmental
1006  entity's data privacy practice; and
1007  (ii) a governmental entity which is the subject of a data privacy complaint.
1008     (3) The ombudsperson may, upon request by a governmental entity or individual, mediate
1009  data privacy disputes between individuals and governmental entities.
1010     (4) After consultation with the chief privacy officer, the ombudsperson may raise issues and
1011  questions before the governing board regarding serious and repeated violations of data
1012  privacy from:
1013  (a) a specific governmental entity; or
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1014        (b) widespread governmental entity data privacy practices.
1015    (5) When a data privacy complaint has been resolved, the ombudsperson shall post on the
1016        office's website a summary of the complaint and the resolution of the matter.
1017    (6) The ombudsperson may receive and review complaints regarding alleged violations of
1018        Chapter 20, State-Endorsed Digital Identity, by private sector entities, and may refer
1019        such complaints to the attorney general for enforcement in accordance with Section
1020        63A-20-801.
1021  Section 4. Section 63A-20-101 is enacted to read:
1022  CHAPTER 20. State-Endorsed Digital Identity
1023  Part 1. Digital Identity Bill of Rights
1024  63A-20-101 . Digital identity bill of rights.
1025       The following rights constitute the digital identity bill of rights in this state:
1026    (1) An individual possesses an individual identity innate to the individual's existence and
1027        independent of the state, which identity is fundamental and inalienable.
1028    (2) An individual has a right to the management and control of the individual's digital
1029        identity to protect individual privacy.
1030    (3) An individual has a right to choose, receive, and use a physical form of identity
1031        assertion that is endorsed by the state.
1032    (4) An individual has a right to not be compelled by the state to possess, use, or rely upon a
1033        digital form of identity assertion in place of a physical form of identity assertion that is
1034        endorsed by the state.
1035    (5) An individual has a right to state endorsement of the individual's digital identity upon
1036        meeting objective, uniform standards for eligibility and verification established by law,
1037        and a right to not have such endorsement arbitrarily or discriminatorily withheld or
1038        revoked.
1039    (6) An individual has a right to have the state's operation of digital identity systems
1040        governed by clear standards established by the Legislature, including for eligibility,
1041        issuance, endorsement, acceptance, revocation, or interoperability of digital identity
1042        assertions.
1043    (7) An individual has a right to transparency in the design and operation of a state digital
1044        identity, including the right to access, read, and review the standards and technical
1045        specifications upon which the state digital identity is built and operates.
1046    (8) An individual has the right to choose what identity attributes are disclosed by the
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1047  individual's state digital identity in accordance with standards established by the
1048  Legislature.
1049     (9) An individual has the right to any service or benefit to which the individual is otherwise
1050  lawfully entitled based on the individual's choice of a lawful format or means of identity
1051  assertion without denial, diminishment, or condition.
1052     (10) An individual has a right to be free from surveillance, profiling, tracking, or persistent
1053  monitoring of the individual's assertions of digital identity by the state, except as
1054  authorized by law.
1055     (11) An individual has a right to not be required by the state to surrender the individual's
1056  device in order to present the individual's digital identity.
1057  Section 5. Section 63A-20-201 is enacted to read:
1058  Part 2. Definitions and Program Creation
1059  63A-20-201 . Definitions.
1060        As used in this chapter:
1061     (1) "Cross-context correlation" means the ability of a person to link, associate, or infer that
1062  the presentation of a state-endorsed digital identity originating with the same or another
1063  person relates to the same individual.
1064     (2) "Data privacy ombudsperson" means the data privacy ombudsperson created in Section
1065  63A-19-501.
1066     (3)(a) "Digital guardian" means a person authorized to act in the best interest and on
1067  behalf of another individual.
1068  (b) "Digital guardian" includes a:
1069  (i) representative designated by the individual as described in the rules made by the
1070  department;
1071  (ii) custodial parent of an unemancipated minor;
1072  (iii) legal guardian of a minor appointed under Section 75-5-202; or
1073  (iv) legal guardian of an incapacitated individual appointed under Section 75-5-301.
1074     (4)(a) "Digital identity" means an electronic record that:
1075  (i) an individual may use to assert an individual's identity or identity attributes; and
1076  (ii) can be mathematically verified.
1077  (b) "Digital identity" does not include an electronic record that only relies on shared
1078  authentication information to verify an individual's identity, including a username,
1079  password, personal identification number, or one-time code.
1080     (5) "Digital wallet" means an application, hardware device, software, or service that
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1081        securely stores, organizes, and manages a state digital identity.
1082    (6) "Digital wallet provider" means a person that creates, develops, maintains, supports, and
1083        makes available a digital wallet for a state digital identity.
1084    (7) "Governmental entity" means the same as that term is defined in Section 63A-19-101.
1085    (8) "Health care provider" means the same as that term is defined in Section 78B-3-403.
1086    (9) "Holder" means:
1087        (a) an individual whose identity attributes are contained in the state digital identity; or
1088        (b) a digital guardian who manages and presents a state digital identity on behalf of the
1089  individual.
1090    (10) "Identity" means the qualities, features, or characteristics that identify or distinguish an
1091        individual.
1092    (11) "Identity attribute" means a specific quality, characteristic, fact, or information related
1093        to an individual's identity.
1094    (12) "Identity proofing" means the process of collecting, validating, and verifying
1095        information about an individual to establish confidence in the individual's claimed
1096        identity.
1097    (13) "Identity proofing entity" means an entity authorized by the department to conduct
1098        identity proofing for the purpose of issuing a state-endorsed digital identity.
1099    (14) "Individual" means a human being.
1100    (15) "Minor" means an individual who is under 18 years old.
1101    (16) "Offline presentation" means a presentation that does not involve the internet.
1102    (17) "Online presentation" means a presentation that utilizes the internet or other computer
1103        network.
1104    (18) "Parent" means an individual who has established a parent-child relationship with a
1105        child as described in Section 81-5-201.
1106    (19) "Person" means an individual, corporation, organization, association, governmental
1107        entity, or other legal entity.
1108    (20) "Personal digital identifier" means an identifier that is:
1109        (a) unique;
1110        (b) created by or at the direction of an individual;
1111        (c) mathematically provable to be under a holder's control; and
1112        (d) transportable to technical infrastructure of the holder's choosing.
1113    (21) "Physical identity" means a physical record that an individual may use to assert the
1114        individual's identity issued by:
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1115  (a) a governmental entity;
1116  (b) the equivalent of a governmental entity in another state;
1117  (c) the federal government; or
1118  (d) another country.
1119     (22) "Presentation" means the disclosure of an individual's identity attributes from the
1120  individual's state digital identity to a verifier or relying party.
1121     (23) "Process" means any operation or set of operations performed on an individual's
1122  identity attributes.
1123     (24) "Program" means the state-endorsed digital identity program described in Section
1124  63A-20-202.
1125     (25) "Program manager" means the individual appointed under Section 63A-20-203.
1126     (26) "Relying party" means a person that relies on a verifier's assertion of an individual's
1127  identity or identity attribute that a state digital identity provides.
1128     (27) "Secure electronic device" means a device capable of securely storing, presenting, or
1129  displaying a state-endorsed digital identity, including physical tokens and accessible
1130  devices.
1131     (28) "State digital identity" means:
1132  (a) a state-endorsed digital identity; or
1133  (b) an electronic license certificate or identification card issued in accordance with
1134  Section 53-3-235.
1135     (29) "State-endorsed digital identity" means an individual's digital identity that:
1136  (a) includes a personal digital identifier; and
1137  (b) the department has issued.
1138     (30) "Verifier" means a person that mathematically verifies a state digital identity to
1139  evaluate the state digital identity's authenticity and integrity.
1140  Section 6. Section 63A-20-202 is enacted to read:
1141  63A-20-202 . Digital identity program -- Creation -- Duties.
1142     (1) There is created within the department the State-Endorsed Digital Identity Program.
1143     (2) The department shall design, implement, administer, and issue a state-endorsed digital
1144  identity in compliance with the requirements in Part 3, State-Endorsed Digital Identity.
1145     (3)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1146  the department shall make rules to:
1147  (i) administer this chapter;
1148  (ii) establish technological standards and best practices for governmental entities
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1149  regarding:
1150  (A) the creation, issuance, use, and acceptance of a state-endorsed digital identity;
1151  and
1152  (B) the collection, processing, storage, and disclosure of individual identity or
1153  identity attributes; and
1154  (iii) establish procedures for an individual to:
1155  (A) apply for a state-endorsed digital identity; and
1156  (B) designate a digital guardian.
1157        (b) The department shall:
1158  (i) accept public comment for a period of 45 days from the day the proposed rule is
1159  published in the Utah State Bulletin as described in Section 63G-3-301; and
1160  (ii) issue a response to substantive comments submitted by the public before making
1161  the proposed rule effective.
1162    (4) In furtherance of these duties the department may consult with:
1163        (a) governmental entities;
1164        (b) government entities in other states;
1165        (c) technology experts; or
1166        (d) organizations that establish technology standards.
1167    (5) The department may:
1168        (a) establish fees in accordance with Section 63J-1-504 for issuing, renewing, or
1169  replacing a state-endorsed digital identity; or
1170        (b) apply for, accept, allocate, and administer grants, funds, or awards from any public
1171  or private source for the purpose of implementing this chapter.
1172    (6) Beginning on January 1, 2027, the department shall annually report before June 1 to the
1173        Economic Development and Workforce Services Interim Committee regarding:
1174        (a) program implementation and adoption metrics;
1175        (b) security incidents and remediation steps taken in response;
1176        (c) comments submitted to the program by the public;
1177        (d) changes made to the program as a result of comments submitted by the public;
1178        (e) vendor ecosystem status, including number of conformant digital wallets and verifier
1179  tools;
1180        (f) findings and recommendations from the coordination activities described in Section
1181  63A-20-204; and
1182        (g) any recommended statutory changes.
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1183  Section 7. Section 63A-20-203 is enacted to read:
1184  63A-20-203 . Program manager -- Appointment -- Duties.
1185     (1) The executive director, with the approval of the governor, shall appoint an individual to
1186  manage the program.
1187     (2) The program manager shall be experienced in:
1188  (a) government administration;
1189  (b) data privacy;
1190  (c) cybersecurity; and
1191  (d) information technology.
1192     (3) The program manager is responsible for implementing a state-endorsed digital identity
1193  in accordance with this chapter.
1194  Section 8. Section 63A-20-204 is enacted to read:
1195  63A-20-204 . Coordination on use cases -- Report.
1196     (1) The department shall coordinate with the following agencies to evaluate mechanisms by
1197  which a state-endorsed digital identity may be accepted and verified in the performance
1198  of their statutory duties or authorized functions:
1199  (a) the Department of Alcoholic Beverage Services;
1200  (b) the Driver License Division;
1201  (c) the Department of Health and Human Services;
1202  (d) the State Board of Education; and
1203  (e) state and local law enforcement agencies.
1204     (2) The coordination described in Subsection (1) shall include evaluation and development
1205  of use cases for:
1206  (a) age verification for the purchase of alcoholic products under Title 32B;
1207  (b) student enrollment and related identity verification within public education systems;
1208  (c) identity verification by law enforcement officers during lawful encounters; and
1209  (d) identity verification by Utah financial institutions consistent with applicable state
1210  and federal law.
1211     (3) In performing the duties described in this section, the department shall:
1212  (a) identify operational, technical, privacy, and legal requirements necessary to enable
1213  secure and reliable acceptance and verification of a state-endorsed digital identity;
1214  (b) develop standards and guidance to support consistent implementation; and
1215  (c) identify any statutory, rule, or policy changes necessary to facilitate integration and
1216  acceptance.
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1217    (4) The department shall include its findings and recommendations under this section in the
1218        annual report described in Subsection 63A-20-202(6).
1219  Section 9. Section 63A-20-301 is enacted to read:
1220  Part 3. State-Endorsed Digital Identity
1221  63A-20-301 . State-endorsed digital identity requirements.
1222    (1) A state-endorsed digital identity shall:
1223        (a) incorporate state-of-the-art safeguards for protecting an individual's identity,
1224  including compromise detection, recovery mechanisms, and cross-context correlation
1225  protections;
1226        (b) include methods to establish authenticity and integrity;
1227        (c) be compatible with a wide variety of technological systems while maintaining strong
1228  privacy and security;
1229        (d) support online and offline presentation;
1230        (e) enable a holder to:
1231  (i) selectively disclose an individual's identity attributes; or
1232  (ii) demonstrate that the individual meets a specified minimum age without
1233  disclosing the individual's age or birth date;
1234        (f) allow a holder to choose a digital wallet that conforms with the requirements
1235  established by the department; and
1236        (g) be easy for a holder to adopt and use.
1237    (2) The department shall:
1238        (a) validate verification of an individual's identity provided by an identity proofing
1239  entity;
1240        (b) comply with the requirements of this chapter through technological means where
1241  possible;
1242        (c) ensure any technical infrastructure used to control the issuance or revocation of a
1243  state-endorsed digital identity is maintained within a state-controlled data center
1244  located within the state;
1245        (d) ensure that a state-controlled data center located within the state shall use best
1246  practices in collection, processing, storage, and disclosure of all individual identity
1247  and identity attributes;
1248        (e) select open technological standards for the creation, issuance, use, and acceptance of
1249  a state-endorsed digital identity that are:
1250  (i) publicly available; and
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1251  (ii) free from:
1252  (A) licensing fees; and
1253  (B) patent restrictions;
1254  (f) verify and endorse a specific set of identity attributes including an individual's:
1255  (i) name;
1256  (ii) birth date;
1257  (iii) image; and
1258  (iv) Utah residence address; and
1259  (g) create a process for:
1260  (i) a holder to:
1261  (A) obtain, maintain, and control an individual's state-endorsed digital identity;
1262  (B) use an individual's state-endorsed digital identity;
1263  (C) limit access to an individual's state-endorsed digital identity and identity
1264  attributes;
1265  (D) obtain a new state-endorsed digital identity if the individual's state-endorsed
1266  digital identity is compromised; and
1267  (E) migrate a state-endorsed digital identity to another digital wallet compliant
1268  with this chapter;
1269  (ii) a holder to request that an individual's identity attributes be amended or corrected;
1270  and
1271  (iii) appointment of a digital guardian to obtain or use a state-endorsed digital identity
1272  on an individual's behalf.
1273     (3) A state-endorsed digital identity may not include a mechanism that allows the
1274  department to monitor, surveil, or track the presentation of a state-endorsed digital
1275  identity to another entity.
1276     (4) Information provided by an individual to the state to obtain a state-endorsed digital
1277  identity may only be:
1278  (a) used for the purpose of issuing and managing a state-endorsed digital identity;
1279  (b) used as authorized by the individual;
1280  (c) retained as long as necessary to issue and manage a state-endorsed digital identity;
1281  (d) maintained within a state-controlled data center located within the state; or
1282  (e) disclosed to:
1283  (i) the subject of the record or the subject's digital guardian; or
1284  (ii) a person with a warrant or court order.
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1285    (5) The department may only revoke an individual's state-endorsed digital identity if:
1286        (a) the state-endorsed digital identity has been compromised;
1287        (b) the department's endorsement was:
1288  (i) issued in error; or
1289  (ii) based on fraudulent information; or
1290        (c) the holder requests that the department revoke the individual's state-endorsed digital
1291  identity.
1292    (6) The department shall report a data breach regarding individual identity or identity
1293        attributes in accordance with Section 63A-19-405.
1294  Section 10. Section 63A-20-302 is enacted to read:
1295  63A-20-302 . Application and eligibility for state-endorsed digital identity.
1296    (1) An individual who is at least 18 years old, or is an emancipated minor, may apply to the
1297        department for a state-endorsed digital identity.
1298    (2) An individual who is under 18 years old, and is not an emancipated minor, may apply to
1299        the department for a state-endorsed digital identity only with the consent of the
1300        individual's digital guardian.
1301    (3)(a) If an individual is unable to apply for a state-endorsed digital identity due to the
1302        individual's youth or incapacitation, the application may be made on behalf of that
1303        individual by the individual's digital guardian.
1304        (b) A digital guardian applying on behalf of a minor or incapacitated individual shall
1305  provide:
1306  (i) identification, as required by the department; and
1307  (ii) the consent of the incapacitated individual, as required by the department.
1308    (4) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
1309        Administrative Rulemaking Act, establishing:
1310        (a) the form and manner of an application under this section;
1311        (b) identity proofing requirements and procedures; and
1312        (c) procedures for denial, correction, reissuance, and compromise recovery consistent
1313  with this part.
1314    (5) An individual is not required to apply for or obtain a state-endorsed digital identity.
1315    (6) To apply for or receive a state-endorsed digital identity, an applicant shall:
1316        (a) have lawful presence in the United States;
1317        (b) be a resident of Utah; and
1318        (c) successfully complete the department's identity proofing process established under
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1319  this part.
1320     (7)(a) The department may not require collection of information that is not necessary to
1321  verify identity or eligibility.
1322  (b) Required information may include, as determined by the department and documented
1323  by rule:
1324  (i) the applicant's true and full legal name;
1325  (ii) date of birth;
1326  (iii) Utah residence address;
1327  (iv) evidence of lawful presence in the United States;
1328  (v) evidence of Utah residency; and
1329  (vi) other information strictly necessary to complete identity proofing.
1330  Section 11. Section 63A-20-303 is enacted to read:
1331  63A-20-303 . Identity proofing.
1332     (1)(a) The department shall establish and maintain identity proofing requirements for the
1333  issuance of a state-endorsed digital identity that:
1334  (i) follow a generally accepted identity proofing standard;
1335  (ii) are commensurate with the risks of impersonation, fraud, and misuse associated
1336  with the credential; and
1337  (iii) are consistent with the privacy, civil liberties, and security requirements of this
1338  chapter.
1339  (b) The identity proofing process shall be designed to establish, at a minimum, that:
1340  (i) the applicant is a real individual;
1341  (ii) the applicant is the individual the applicant claims to be;
1342  (iii) the applicant's birth date is the date the applicant claims it to be; and
1343  (iv) the applicant meets the eligibility requirements of Section 63A-20-302.
1344  (c) The department shall ensure that the identity proofing process results in a credential
1345  that provides a level of confidence in the individual's identity that is:
1346  (i) sufficiently robust to support reliance by governmental entities and private-sector
1347  relying parties where required by law or policy for online age assurance; and
1348  (ii) appropriate for use in both online and offline presentations.
1349  (d) Identity proofing processes shall be designed so that the state's endorsement:
1350  (i) reflects verification at a point in time; and
1351  (ii) does not require:
1352  (A) continuous monitoring; or
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1353  (B) tracking.
1354    (2)(a) An applicant shall provide true and accurate information as required under this
1355        part.
1356        (b) Knowingly providing materially false information for the purpose of obtaining a
1357  state-endorsed digital identity constitutes fraud and may result in denial, revocation,
1358  and other remedies provided by law.
1359    (3)(a) Obtaining or holding a state-endorsed digital identity does not affect an
1360        individual's physical identity documents.
1361        (b) An individual is not required to surrender, cancel, or replace any physical identity
1362  document as a condition of applying for or holding a state-endorsed digital identity.
1363    (4)(a) The department shall define by rule, in accordance with Title 63G, Chapter 3,
1364        Utah Administrative Rulemaking Act, the identity proofing standards and processes
1365        required for issuance of a state-endorsed digital identity.
1366        (b) The rules shall, at a minimum:
1367  (i) specify the objectives the identity proofing process is intended to achieve;
1368  (ii) describe the acceptable methods of identity proofing, including:
1369  (A) in-person, remote, or hybrid methods, and the conditions under which each
1370  may be used; and
1371  (B) minimum evidence requirements and validation methods;
1372  (iii) align with generally accepted identity proofing practices; and
1373  (iv) establish requirements and a process to become an identity proofing entity.
1374  Section 12. Section 63A-20-304 is enacted to read:
1375  63A-20-304 . Requirements for governmental entities.
1376    (1) A governmental entity may not:
1377        (a) convey a material benefit upon an individual for using a state digital identity instead
1378  of a physical identity;
1379        (b) withhold services or benefits from an individual if the individual uses a physical
1380  identity or is otherwise unable to use a state digital identity; or
1381        (c) require a holder to surrender the holder's secure electronic device in the course of a
1382  presentation.
1383    (2)(a) A governmental entity that, on or after May 6, 2026, implements a new system
1384        that accepts a digital identity shall, within three months after the day on which the
1385        department issues the first state-endorsed digital identity, accept a state-endorsed
1386        digital identity.
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1387  (b) A governmental entity is not required to accept a state-endorsed digital identity
1388  within the time frame described in Subsection (2)(a) if the governmental entity:
1389  (i)(A) demonstrates to the satisfaction of the department that accepting a
1390  state-endorsed digital identity at that time is not technically feasible; and
1391  (B) provides a plan for accepting a state-endorsed digital identity as soon as
1392  feasible; or
1393  (ii) is required by law to only accept a specific form of state digital identity.
1394  Section 13. Section 63A-20-305 is enacted to read:
1395  63A-20-305 . Requirements for health care providers.
1396     (1) Within two years from the date the first state-endorsed digital identity is issued, a health
1397  care provider that receives at least $10,000,000 a year in public funding shall accept a
1398  state-endorsed digital identity if the health care provider has a program or system that
1399  accepts a digital identity.
1400     (2) A health care provider is not required to accept a state-endorsed digital identity within
1401  the time frame described in Subsection (1) if the health care provider:
1402  (a)(i) demonstrates to the satisfaction of the department that accepting a
1403  state-endorsed digital identity at that time is not technically feasible; and
1404  (ii) provides a plan for accepting a state-endorsed digital identity as soon as feasible;
1405  or
1406  (b) is required by law to only accept a specific form of state digital identity.
1407  Section 14. Section 63A-20-401 is enacted to read:
1408  Part 4. Digital Wallet Providers
1409  63A-20-401 . Requirements for digital wallet providers.
1410     (1) A digital wallet produced by a digital wallet provider shall:
1411  (a) incorporate state-of-the-art safeguards for protecting an individual's identity;
1412  (b) process an individual's identity attributes in a secure manner;
1413  (c) comply with the requirements of this part through technological means where
1414  possible;
1415  (d) be tamper resistant;
1416  (e) support online and offline presentation of a state-endorsed digital identity;
1417  (f) maintain a secure log:
1418  (i) with sufficient information for the holder to know:
1419  (A) what identity attributes were provided; and
1420  (B) the verifier or relying party the identity attributes were provided to;
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1421  (ii) accessible only to the holder;
1422  (iii) exportable only by the holder; and
1423  (iv) deletable only by the holder;
1424        (g) enable a holder to:
1425  (i) selectively disclose an individual's identity attributes; or
1426  (ii) demonstrate that the individual meets a specified minimum age without
1427  disclosing the individual's age or birth date; and
1428        (h) allow a presentation of a state-endorsed digital identity by a digital guardian.
1429    (2) A digital wallet provider may only process an individual's identity attributes from a state
1430        digital identity if:
1431        (a) the processing is necessary for a presentation;
1432        (b) the holder has received conspicuous notice of:
1433  (i) what identity attributes are collected from the state digital identity;
1434  (ii) how the identity attributes are used;
1435  (iii) the purpose for which the identity attributes are processed; and
1436  (iv) how long the identity attributes are retained; and
1437        (c) the holder consents to the processing of the individual's identity attributes.
1438    (3) Information provided by a holder to a digital wallet provider for the purpose of creating
1439        or using a digital identity may only be:
1440        (a) processed for the primary purpose for which the holder disclosed the information; and
1441        (b) used, retained, sold, or shared:
1442  (i) as expressly authorized by the holder; or
1443  (ii) if required by law.
1444    (4) Nothing in this section relieves a digital wallet provider from complying with the
1445        requirements of Title 13, Chapter 44, Protection of Personal Information Act, or Title
1446        13, Chapter 61, Utah Consumer Privacy Act.
1447  Section 15. Section 63A-20-501 is enacted to read:
1448  Part 5. Verifiers
1449  63A-20-501 . Requirements for verifiers.
1450    (1) A verifier shall:
1451        (a) incorporate state-of-the-art safeguards for protecting an individual's identity in the
1452  verification process;
1453        (b) comply with the requirements of this part through technological means where
1454  possible;
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1455  (c) process an individual's identity attributes in a secure manner;
1456  (d) process only the minimum identity attributes reasonably necessary to achieve a
1457  specified purpose defined by the relying party requesting the presentation; and
1458  (e) accept a presentation of a state-endorsed digital identity by a digital guardian.
1459     (2) A verifier may only process an individual's identity attributes from a state digital
1460  identity if:
1461  (a) authorized by the holder;
1462  (b) the processing is necessary for a presentation;
1463  (c) the holder has received conspicuous notice of:
1464  (i) what identity attributes are collected;
1465  (ii) how the identity attributes are used;
1466  (iii) the purpose for which the identity attributes are processed; and
1467  (iv) how long the identity attributes are retained; and
1468  (d) the holder consents to the processing of the identity attributes.
1469     (3) A verifier may not require a holder to surrender the holder's secure electronic device in
1470  the course of a presentation.
1471     (4) Nothing in this section relieves a verifier from complying with the requirements of Title
1472  13, Chapter 44, Protection of Personal Information Act, or Title 13, Chapter 61, Utah
1473  Consumer Privacy Act.
1474  Section 16. Section 63A-20-601 is enacted to read:
1475  Part 6. Relying Parties
1476  63A-20-601 . Requirements for relying parties.
1477     (1) A relying party shall:
1478  (a) incorporate state-of-the-art safeguards for protecting an individual's identity in the
1479  verification process;
1480  (b) comply with the requirements of this part through technological means where
1481  possible;
1482  (c) process an individual's identity attributes in a secure manner;
1483  (d) process only the minimum identity attributes reasonably necessary to achieve a
1484  specified purpose; and
1485  (e) accept a presentation of a state-endorsed digital identity by a digital guardian.
1486     (2) A relying party may only process an individual's identity attributes from a state digital
1487  identity if:
1488  (a) authorized by the holder;
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1489        (b) the processing is necessary for a specified purpose;
1490        (c) the holder has received conspicuous notice of:
1491  (i) what identity attributes are collected;
1492  (ii) how the identity attributes are used;
1493  (iii) the purpose for which the identity attributes are processed; and
1494  (iv) how long the identity attributes are retained; and
1495        (d) the holder consents to the processing of the identity attributes.
1496    (3) A relying party may not require a holder to surrender the holder's secure electronic
1497        device in the course of a presentation.
1498    (4) A relying party may accept a state-endorsed digital identity as proof of an individual's
1499        identity or identity attributes unless a different method of proof is required by law.
1500    (5) Nothing in this section relieves a relying party from complying with the requirements of
1501        Title 13, Chapter 44, Protection of Personal Information Act, or Title 13, Chapter 61,
1502        Utah Consumer Privacy Act.
1503  Section 17. Section 63A-20-701 is enacted to read:
1504  Part 7. General Requirements
1505  63A-20-701 . Duty of loyalty.
1506        The department, a digital wallet provider, a verifier, a relying party, and a digital
1507    guardian shall refrain from practices or activities related to the processing of an individual's
1508    identity attributes from a digital identity that:
1509    (1) conflict with the best interests of an individual;
1510    (2) take advantage of or otherwise exploit an individual;
1511    (3) result in a disproportionate risk to an individual;
1512    (4) are to an individual's detriment; or
1513    (5) cause harm to an individual.
1514  Section 18. Section 63A-20-702 is enacted to read:
1515  63A-20-702 . Processing restrictions.
1516    (1) Any record of a presentation of a state digital identity may only be processed by a
1517        digital wallet provider, a verifier, or a relying party:
1518        (a) for the primary purpose for which the presentation was performed; or
1519        (b) if required by law.
1520    (2) Information provided by a holder, verifier, or relying party to a verifier or relying party
1521        in the course of a presentation may only be:
1522        (a) processed for the primary purpose for which the holder disclosed the information; and
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1523  (b) used, retained, sold, or shared:
1524  (i) following conspicuous notice to and express authorization by the holder; or
1525  (ii) if required by law.
1526  Section 19. Section 63A-20-801 is enacted to read:
1527  Part 8. Enforcement and Audit
1528  63A-20-801 . Complaints and enforcement.
1529     (1) An individual may submit a complaint to the data privacy ombudsperson alleging a
1530  violation of this chapter by:
1531  (a) the department;
1532  (b) a digital wallet provider;
1533  (c) a verifier; or
1534  (d) a relying party.
1535     (2) The data privacy ombudsperson may receive and review a complaint described in
1536  Subsection (1).
1537     (3) If, after reviewing a complaint, the data privacy ombudsperson has reasonable cause to
1538  believe that a violation of this chapter has occurred, the data privacy ombudsperson may
1539  refer the complaint to the attorney general.
1540     (4) Upon receiving a referral under Subsection (3), or when the attorney general has
1541  reasonable cause to believe that a violation of this chapter has occurred, the attorney
1542  general is authorized to:
1543  (a) issue civil investigative demands for depositions, documents, and requests for
1544  information in the time and manner prescribed by the attorney general; and
1545  (b) bring a civil action in a court of competent jurisdiction to:
1546  (i) enjoin a violation of this chapter;
1547  (ii) obtain declaratory relief regarding compliance with this chapter; or
1548  (iii) recover damages, restitution, and disgorgement on behalf of an individual injured
1549  by a violation of this chapter.
1550     (5) The attorney general shall treat all information received in accordance with Subsection
1551  (4) as non-public and confidential unless confidentiality is waived by the providing
1552  party, or upon the filing of an enforcement action.
1553     (6) In an action brought under Subsection (4), the court may award:
1554  (a) injunctive relief;
1555  (b) declaratory relief;
1556  (c) equitable relief including restitution and disgorgement;
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1557        (d) actual damages;
1558        (e) costs; and
1559        (f) reasonable attorney fees.
1560  Section 20. Section 63A-20-802 is enacted to read:
1561  63A-20-802 . Auditing.
1562    (1) Subject to prioritization of the Legislative Audit Subcommittee created in Section
1563        36-12-8, the Office of the Legislative Auditor General shall conduct an audit of the
1564        program beginning on January 1, 2028.
1565    (2) The audit shall evaluate:
1566        (a) the department's compliance with this chapter;
1567        (b) whether the department has met the restrictions on monitoring, surveillance, and
1568  tracking described in Section 63A-20-301;
1569        (c) the effectiveness of the program in meeting the objectives established in this chapter;
1570        (d) the appropriate long-term placement of the program within state government; and
1571        (e) recommended statutory changes to improve the program.
1572    (3) The Office of the Legislative Auditor General shall:
1573        (a) complete the audit report by October 31, 2028;
1574        (b) provide the audit report to the Legislature; and
1575        (c) present the audit findings to the Legislative Audit Subcommittee at the
1576  subcommittee's next meeting after completion of the audit report.
1577  Section 21. Section 63A-20-901 is enacted to read:
1578  Part 9. Severability
1579  63A-20-901 . Severability.
1580    (1) If any provision of this chapter or the application of any provision to any person or
1581        circumstance is held invalid by a final decision of a court of competent jurisdiction, the
1582        remainder of this chapter shall be given effect without the invalid provision or
1583        application.
1584    (2) The provisions of this chapter are severable.
1585  Section 22. Section 63I-1-253 is amended to read:
1586  63I-1-253 . Repeal dates: Titles 53 through 53G.
1587    (1) Section 53-1-122, Road Rage Awareness and Prevention Restricted Account, is
1588        repealed July 1, 2028.
1589    (2) Section 53-2a-105, Emergency Management Administration Council created --
1590        Function -- Composition -- Expenses, is repealed July 1, 2029.
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1591     (3) Section 53-2a-1103, Search and Rescue Advisory Board -- Members -- Compensation,
1592  is repealed July 1, 2030.
1593     (4) Section 53-2a-1104, General duties of the Search and Rescue Advisory Board, is
1594  repealed July 1, 2027.
1595     (5) Title 53, Chapter 2a, Part 15, Grid Resilience Committee, is repealed July 1, 2027.
1596     (6) Section 53-2d-104, State Emergency Medical Services Committee -- Membership --
1597  Expenses, is repealed July 1, 2029.
1598     (7) Section 53-2d-503, Establishment of maximum rates, is repealed July 1, 2027.
1599     (8) Section 53-5a-302, Concealed Firearm Review Board -- Membership -- Compensation
1600  -- Terms -- Duties, is repealed July 1, 2029.
1601     (9) Section 53-3-235, Electronic license certificate or identification card, is repealed
1602  January 1, 2027.
1603     [(9)] (10) Section 53-11-104, Board, is repealed July 1, 2029.
1604     [(10)] (11) Title 53, Chapter 31, Department Interaction With Local Law Enforcement, is
1605  repealed July 1, 2027.
1606     [(11)] (12) Subsection 53C-3-203(4)(b)(vii), regarding the distribution of money from the
1607  Land Exchange Distribution Account to the Geological Survey for test wells and other
1608  hydrologic studies in the West Desert, is repealed July 1, 2030.
1609     [(12)] (13) Subsection 53E-1-201(1)(q), regarding the Higher Education and Corrections
1610  Council, is repealed July 1, 2027.
1611     [(13)] (14) Subsection 53E-2-304(6), regarding foreclosing a private right of action or
1612  waiver of governmental immunity, is repealed July 1, 2027.
1613     [(14)] (15) Subsection 53E-3-503(5), regarding coordinating councils for youth in care, is
1614  repealed July 1, 2027.
1615     [(15)] (16) Subsection 53E-3-503(6), regarding coordinating councils for youth in care, is
1616  repealed July 1, 2027.
1617     [(16)] (17) Subsection 53E-4-202(8)(b), regarding a standards review committee, is repealed
1618  January 1, 2028.
1619     [(17)] (18) Section 53E-4-203, Standards review committee, is repealed January 1, 2028.
1620     [(18)] (19) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission,
1621  is repealed July 1, 2033.
1622     [(19)] (20) Subsection 53E-7-207(7), regarding a private right of action or waiver of
1623  governmental immunity, is repealed July 1, 2027.
1624     [(20)] (21) Section 53F-5-215, Elementary teacher preparation assessment grant, is repealed
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1625        July 1, 2028.
1626    [(21)] (22) Section 53F-5-219, Local Innovations Civics Education Pilot Program, is
1627        repealed July 1, 2026.
1628    [(22)] (23) Title 53F, Chapter 10, Part 2, Capital Projects Evaluation Panel, is repealed July
1629        1, 2027.
1630    [(23)] (24) Subsection 53G-4-608(2)(b), regarding the Utah Seismic Safety Commission, is
1631        repealed January 1, 2025.
1632    [(24)] (25) Subsection 53G-4-608(4)(b), regarding the Utah Seismic Safety Commission, is
1633        repealed January 1, 2025.
1634    [(25)] (26) Section 53G-9-212, Drinking water quality in schools, is repealed July 1, 2027.
1635    [(26)] (27) Subsection 53G-9-703(4), regarding the parental video presentation concerning
1636        student use of technology, is repealed January 1, 2030.
1637    [(27)] (28) Subsection 53H-1-402(1)(j), regarding the Higher Education and Corrections
1638        Council, is repealed July 1, 2027.
1639    [(28)] (29) Section 53H-1-604, Higher Education and Corrections Council, is repealed July
1640        1, 2027.
1641    [(29)] (30) Subsection 53H-4-210(3), regarding the creation of the SafeUT and School
1642        Safety Commission, is repealed January 1, 2030.
1643    [(30)] (31) Subsection 53H-4-210(4), regarding the appointment of the members of the
1644        SafeUT and School Safety Commission, is repealed January 1, 2030.
1645    [(31)] (32) Subsection 53H-4-210(5), regarding the attorney general designating the chair of
1646        the SafeUT and School Safety Commission, is repealed January 1, 2030.
1647    [(32)] (33) Subsection 53H-4-210(6), regarding the quorum requirements of the SafeUT and
1648        School Safety Commission, is repealed January 1, 2030.
1649    [(33)] (34) Subsection 53H-4-210(7), regarding a formal action of the SafeUT and School
1650        Safety Commission, is repealed January 1, 2030.
1651    [(34)] (35) Subsection 53H-4-210(8), regarding compensation for members of the SafeUT
1652        and School Safety Commission, is repealed January 1, 2030.
1653    [(35)] (36) Subsection 53H-4-210(9), regarding the support staff for the SafeUT and School
1654        Safety Commission, is repealed January 1, 2030.
1655    [(36)] (37) Section 53H-4-306.1, Definitions -- Electrification of Transportation
1656        Infrastructure Research Center, is repealed July 1, 2028.
1657    [(37)] (38) Section 53H-4-306.2, Electrification of Transportation Infrastructure Research
1658        Center -- Designation -- Duties, is repealed July 1, 2028.
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1659     [(38)] (39) Section 53H-4-306.3, Electrification of Transportation Infrastructure Research
1660  Center -- Steering committee, is repealed July 1, 2028.
1661     [(39)] (40) Section 53H-4-306.4, Electrification of Transportation Infrastructure Research
1662  Center -- Industry advisory board, is repealed July 1, 2028.
1663     [(40)] (41) Section 53H-4-306.5, Electrification of Transportation Infrastructure Research
1664  Center -- Duties of the project director, is repealed July 1, 2028.
1665     [(41)] (42) Section 53H-4-306.6, Electrification of Transportation Infrastructure Research
1666  Center -- Project development and strategic objectives -- Reporting requirements, is
1667  repealed July 1, 2028.
1668     [(42)] (43) Section 53H-4-307.1, Center for Civic Excellence, is repealed July 1, 2030.
1669     [(43)] (44) Section 53H-4-307.2, Center for Civic Excellence -- Duties -- Authority, is
1670  repealed July 1, 2030.
1671     [(44)] (45) Section 53H-4-307.3, Center for Civic Excellence -- Leadership, is repealed July
1672  1, 2030.
1673     [(45)] (46) Section 53H-4-307.4, Center for Civic Excellence -- Faculty, is repealed July 1,
1674  2030.
1675     [(46)] (47) Section 53H-4-307.5, Center for Civic Excellence -- Curriculum, is repealed July
1676  1, 2030.
1677     [(47)] (48) Section 53H-4-307.6, Center for Civic Excellence -- Oversight -- Reporting, is
1678  repealed July 1, 2030.
1679     [(48)] (49) Section 53H-4-313, Food Security Council, is repealed July 1, 2027.
1680     [(49)] (50) Section 53H-8-305, Five-year performance goals, is repealed July 1, 2027.
1681     [(50)] (51) Title 53H, Chapter 10, Part 4, Education Savings Incentive Program, is repealed
1682  July 1, 2028.
1683  Section 23. Repealer.
1684  This bill repeals:
1685  Section 63A-16-1201, Definitions.
1686  Section 63A-16-1202, State digital identity policy.
1687  Section 63A-16-1203, Department duties.
1688  Section 24. Effective Date.
1689     This bill takes effect on May 6, 2026.
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