SB 275 — State-Endorsed Digital Identity Program Amendments

(6)(6)(a) (a) "Amphitheater" means an outdoor, multi-use performance venue that:

(b)- that7 operates- asS.B. a venue;

275 Enrolled Copy (b) that operates as a venue;

- 8 - SB0275 compared with SB0275S02 (b) that is held at one or more designated locations approved by the commission in or on the premises of:

(10)(10)(a) (a) "Bar establishment license" means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License.

(12)(12)(a) (a) "Beer" means a product that:

(A)- at8 least- .5%Enrolled ofCopy alcoholS.B. by volume;

275 (A) at least .5% of alcohol by volume;

- 9 - SB0275 compared with SB0275S02 (ii) is obtained by fermentation, infusion, or decoction of:

- 10 - SB0275 compared with SB0275S02 (a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for consumption- on9 or- offS.B. the business premises;

275 Enrolled Copy consumption on or off the business premises;

and - 11 - SB0275 compared with SB0275S02 (c) to give the group of persons the exclusive use of the passenger bus, coach, or other motor vehicle, and a driver to travel together to one or more specified destinations.

(b)- in10 which- religiousEnrolled servicesCopy areS.B. held;

275 (b) in which religious services are held;

(29)(29)(a) - 12 - SB0275 compared with SB0275S02 (a) "Counter" means a surface or structure in a dining area of a licensed premises where seating is provided to a patron for service of food.

and (b)- employed11 by- theS.B. department.

275 Enrolled Copy (b) employed by the department.

(37)(37)(a) (a) Subject to Subsection (37)(b), "dispense" means:

- 13 - SB0275 compared with SB0275S02 (viii) an on-premise banquet license;

and (c)- is12 not- anEnrolled internationalCopy airport.S.B.

275 (c) is not an international airport.

(45)(45)(a) (a) "Flavored malt beverage" means a beverage:

- 14 - SB0275 compared with SB0275S02 (b) "Flavored malt beverage" may contain a propylene glycol-, ethyl alcohol-, or ethanol-based flavoring agent that contributes to the overall alcohol content of the beverage.

(48)(48)(a) (a) "Furnish" means by any means to provide with, supply, or give an individual an alcoholic product, by sale or otherwise.

(ii)- deliver;13 - S.B.

275 Enrolled Copy (ii) deliver;

- 15 - SB0275 compared with SB0275S02 (k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;

(52)(52)(a) (a) "Heavy beer" means a product that:

(i)(i)(A) (A) contains more than 5% alcohol by volume;

or (C) contains at least .5% of alcohol by volume and no more than 5% of alcohol by volume or 4% by weight, and has a label or packaging that is rejected under Subsection- 32B-1-606(3)(b);14 - Enrolled Copy S.B.

275 Subsection 32B-1-606(3)(b);

(54)(54)(a) (a) "Hotel" means a commercial lodging establishment that:

- 16 - SB0275 compared with SB0275S02 (i) offers at least 40 rooms as temporary sleeping accommodations for compensation;

and (iii)(iii)(A) (A) has adequate kitchen or culinary facilities on the premises to provide complete meals;

and (ii)- has15 one- orS.B. more privately owned dwelling units.

275 Enrolled Copy (ii) has one or more privately owned dwelling units.

(59)(59)(a) (a) "Interdicted person" means a person to whom the sale, offer for sale, or furnishing of an alcoholic product is prohibited by:

- 17 - SB0275 compared with SB0275S02 (60) "International airport" means an airport:

(a)- a16 retail- license;Enrolled Copy S.B.

275 (a) a retail license;

-(67)(a)(i) 18 - SB0275 compared with SB0275S02 (67) (a) (i) "Liquor" means a liquid that:

and (B)(B)(I) (I) contains at least .5% alcohol by volume;

(68)- "Liquor17 Control- Fund"S.B. means the enterprise fund created by Section 32B-2-301.

275 Enrolled Copy (68) "Liquor Control Fund" means the enterprise fund created by Section 32B-2-301.

- 19 - SB0275 compared with SB0275S02 (73) "Malt substitute" means:

(76)(76)(a) (a) "Military installation" means a base, air field, camp, post, station, yard, center, or homeport facility for a ship:

(i)(i)(A) (A) under the control of the United States Department of Defense;

(b)- "Military18 installation"- doesEnrolled notCopy includeS.B. a facility used primarily for:

275 (b) "Military installation" does not include a facility used primarily for:

(a)(a)(i) (i) is a state agency other than the department;

- 20 - SB0275 compared with SB0275S02 (80) "Nondepartment enforcement officer" means an individual who is:

(81)(81)(a) (a) "Off-premise beer retailer" means a beer retailer who is:

(85)- "Opaque"19 means- impenetrableS.B. to sight.

275 Enrolled Copy (85) "Opaque" means impenetrable to sight.

- 21 - SB0275 compared with SB0275S02 (b) a member;

(89)(89)(a) (a) "Performing arts facility" means a multi-use performance space that:

(d)- a20 supplier;- Enrolled Copy S.B.

275 (d) a supplier;

- 22 - SB0275 compared with SB0275S02 (92) "Premises" means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission.

(94)(94)(a) (a) "Primary spirituous liquor" means the main distilled spirit in a beverage.

(96)(96)(a) (a) "Private event" means a specific social, business, or recreational event:

(98)- (a)21 "Proof- ofS.B. age" means:

275 Enrolled Copy (98)(a) "Proof of age" means:

and - 23 - SB0275 compared with SB0275S02 (D) has a picture affixed;

(f)- for22 a- beer-onlyEnrolled restaurantCopy sublicense,S.B. the provisions applicable to a beer-only restaurant license under Chapter 6, Part 9, Beer-Only Restaurant License;

275 (f) for a beer-only restaurant sublicense, the provisions applicable to a beer-only restaurant license under Chapter 6, Part 9, Beer-Only Restaurant License;

-(100)(a) 24 - SB0275 compared with SB0275S02 (100) (a) "Public building" means a building or permanent structure that is:

(104)(104)(a) (a) "Record" means information that is:

(v)- an23 agreement;- S.B.

275 Enrolled Copy (v) an agreement;

or - 25 - SB0275 compared with SB0275S02 (vii) a recording in any medium.

and (c)(c)(i) (i) has at least 1,000 square feet that:

or (ii) if the restaurant is located in a small or unincorporated locality, has an appropriate- amount24 of- space,Enrolled asCopy determinedS.B. by the commission, that may be reserved for a banquet.

-275 26appropriate -amount SB0275of comparedspace, withas SB0275S02determined (114)by "Retailthe license"commission, meansthat onemay ofbe thereserved followingfor licensesa issuedbanquet. under this title:

(114) "Retail license" means one of the following licenses issued under this title:

(116)(116)(a) (a) "School" means a building in which any part is used for more than three hours each weekday during a school year as a public or private:

- 27 - SB0275 compared with SB0275S02 (vi) a home-based microschool as defined in Section 53G-6-201;

(117)- "Secondary25 flavoring- ingredient"S.B. means any spirituous liquor added to a beverage for additional flavoring that is different in type, flavor, or brand from the primary spirituous liquor in the beverage.

275 Enrolled Copy (117) "Secondary flavoring ingredient" means any spirituous liquor added to a beverage for additional flavoring that is different in type, flavor, or brand from the primary spirituous liquor in the beverage.

and - 28 - SB0275 compared with SB0275S02 (b) excluding beer, heavy beer, or flavored malt beverage the brewer:

(i) manufactures that is unfit for consumption as, or in, a beverage, as the commission determines- by26 rule- madeEnrolled inCopy accordanceS.B. with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

275 determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(127)(127)(a) (a) "Spirituous liquor" means liquor that is distilled.

(129)(129)(a) (a) "Staff" means an individual who engages in activity governed by this title:

- 29 - SB0275 compared with SB0275S02 (v) an agent of the licensee, including a managing agent;

(a)- the27 appearance- of:S.B.

275 Enrolled Copy (a) the appearance of:

(132)(132)(a) (a) "State store" means a facility for the sale of packaged liquor:

(133)(133)(a) - 30 - SB0275 compared with SB0275S02 (a) "Storage area" means an area on licensed premises where the licensee stores an alcoholic product.

(iii)- a28 bar- establishmentEnrolled license;Copy S.B.

275 (iii) a bar establishment license;

or - 31 - SB0275 compared with SB0275S02 (v) partly filled;

(b)(b)(i) (i) has faded labels or defective caps or corks;

or (c)- is29 otherwise- consideredS.B. by the department as unfit for sale.

(141)275 (a)Enrolled "Wine"Copy means(c) anis alcoholicotherwise productconsidered obtained by the fermentationdepartment ofas theunfit naturalfor sugarsale. content of fruits, plants, honey, or milk, or other like substance, whether or not another ingredient is added.

(141)(a) "Wine" means an alcoholic product obtained by the fermentation of the natural sugar content of fruits, plants, honey, or milk, or other like substance, whether or not another ingredient is added.

Section 53-3-235 is amended to read:

53-3-235.

Electronic license certificate or identification card.

(1) (a) On or before January 1, 2021, the division shall establish a pilot program for a process and system for an individual to obtain an electronic license certificate or identification card.

(b) Based on information and results from the pilot program described in Subsection (1)(a), on or before January 1, 2022, the division shall establish a process and system for an individual to obtain an electronic license certificate or identification card.

(2) In order to contract with a vendor to establish a process and system to issue an electronic license certificate or identification card, the division shall issue a standard procurement process in accordance with Title 63G, Chapter 6a, Utah Procurement Code.

- 32 - SB0275 compared with SB0275S02 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules necessary to facilitate the implementation, coordination, and administration of electronic license certificates and identification cards.

Section 4.

63A-19-501.63A-19-501 .

or (b)- widespread30 governmental- entityEnrolled dataCopy privacyS.B. practices.

275 (b) widespread governmental entity data privacy practices.

Section 5.4.

Section 563A-20-101 is enacted to read:

63A-20-101.CHAPTER 20.

State-Endorsed Digital Identity Part 1.

Digital Identity Bill of Rights 63A-20-101 .

20.The following rights constitute the digital identity bill of rights in this state:

State-Endorsed Digital Identity 1.

Digital Identity Bill of Rights - 33 - SB0275 compared with SB0275S02 The following rights constitute the digital identity bill of rights in this state:

(8) An individual has the right to choose what identity attributes are disclosed by the individual's- state31 digital- identityinS.B. accordance{with} with standards established by the Legislature.

275 Enrolled Copy individual's state digital identity in accordance with standards established by the Legislature.

Section 6.5.

Section 663A-20-201 is enacted to read:

63A-20-201.Part 2.

Definitions and Program Creation 63A-20-201 .

2.As used in this chapter:

Definitions(1) and"Cross-context Programcorrelation" Creationmeans Asthe usedability inof thisa chapter:person to link, associate, or infer that the presentation of a state-endorsed digital identity originating with the same or another person relates to the same individual.

- 34 - SB0275 compared with SB0275S02 (1) "Cross-context correlation" means the ability of a person to link, associate, or infer that the presentation of a state-endorsed digital identity originating with the same or another person relates to the same individual.

(3)(3)(a) (a) "Digital guardian" means a person authorized to act in the best interest and on behalf of another individual.

or (iv) legal guardian of an incapacitated {person } individual appointed under Section 75-5-301.

(4)(4)(a) (4){(a)} "Digital identity" means an electronic record that:

(a){(i)}(i) an individual may use to assert an individual's identity or identity attributes;

and (b){(ii)}(ii) {a verifier } can be mathematically {verify} verified.

(5) "Digital wallet" means an application, hardware device, software, or service that securely- stores,32 organizes,- andEnrolled managesCopy aS.B. state digital identity.

275 securely stores, organizes, and manages a state digital identity.

- 35 - SB0275 compared with SB0275S02 (11) "Identity attribute" means a specific quality, characteristic, fact, or information related to an individual's identity.

(16) "Offline presentation" means a presentation that does not involve the internetinternet. {or other computer network} .

(a)- a33 governmental- entity;S.B.

275 Enrolled Copy (a) a governmental entity;

- 36 - SB0275 compared with SB0275S02 (26) "Relying party" means a person that relies on a verifier's assertion of an individual's identity or identity attribute that a state digital identity provides.

Section 7.6.

Section 763A-20-202 is enacted to read:

63A-20-202.63A-20-202 .

Digital identity program -- creationCreation -- duties.Duties.

(2) The department shall design, implement, administer, and issue a state-endorsed digital identity in compliance with the requirements in Part {3, } 3, State-Endorsed Digital{Identity}Digital Identity.

(3)(3)(a) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules to:

(ii) establish technological standards and best practices for governmental entities regarding:- 34 - Enrolled Copy S.B.

275 regarding:

and - 37 - SB0275 compared with SB0275S02 (ii) issue a response to substantive comments submitted by the public before making the proposed rule effective.

(a) establish fees in accordance with Section 63J-1-504 for issuing, renewing, or replacing a state-state-endorsed endorsed digital identity;

{and} (f) findings and recommendations from the coordination activities described in Section 63A-20-204;

and (f){(g)}(g) any recommended statutory changes.

Section- 8.35 - S.B.

Section275 8Enrolled isCopy enactedSection to7. read:

63A-20-203.Section 63A-20-203 is enacted to read:

Program63A-20-203 manager. -- appointment -- duties.

Program manager -- Appointment -- Duties.

- 38 - SB0275 compared with SB0275S02 (3) The program manager is responsible for implementing a state-endorsed digital identity in accordance with this chapter.

Section 9.8.

Section 963A-20-204 is enacted to read:

63A-20-204.63A-20-204 .

(4)- The36 department- shallEnrolled includeCopy itsS.B. findings and recommendations under this section in the annual report described in Section 63A-20-202(6).

Section275 10.(4) The department shall include its findings and recommendations under this section in the annual report described in Subsection 63A-20-202(6).

Section 109. is enacted to read:

63A-20-301.Section 63A-20-301 is enacted to read:

Part 3.

State-Endorsed Digital Identity 63A-20-301 .

3.(1) A state-endorsed digital identity shall:

State-Endorsed Digital Identity (1) A state-endorsed digital identity shall:

- 39 - SB0275 compared with SB0275S02 (b) include methods to establish authenticity and integrity;

(c) be compatible with a wide variety of technological systems while maintaining strong privacy {or } and security;

(e) select open technological standards for the creation, issuance, use, and acceptance of a state-state-endorsed endorsed digital identity that are:

and (ii)- free37 from:- S.B.

275 Enrolled Copy (ii) free from:

and (iv) Utah residence {address;and} address;

- 40 - SB0275 compared with SB0275S02 (A) obtain, maintain, and control an individual's state-endorsed digital identity;

(5)- The38 department- mayEnrolled onlyCopy revokeS.B. an individual's state-endorsed digital identity if:

275 (5) The department may only revoke an individual's state-endorsed digital identity if:

Section 11.10.

Section 1163A-20-302 is enacted to read:

63A-20-302.63A-20-302 .

- 41 - SB0275 compared with SB0275S02 (1) An individual who is at least 18 years oldold, , or is an emancipated minor, may apply to the department for a state-endorsed digital identity.

(2) An individual who is under 18 years oldold, , and is not an emancipated minor, may apply to the department for a state-endorsed digital identity only with the consent of the individual's digital guardian.

(3)(3)(a) (a) If an individual is unable to apply for a state-endorsed digital identity due to the individual's youth or incapacitation, the application may be made on behalf of that individual by the individual's digital guardian.

(b) A digital guardian applying on behalf of a minor or incapacitated {person } individual shall provide:

and (ii) the consent of the incapacitated {person} individual, as required by the department.

and (c) successfully complete the department's identity proofing process established under this- part.39 - S.B.

(7)275 (a)Enrolled TheCopy departmentthis maypart. not require collection of information that is not necessary to verify identity or eligibility.

(7)(a) The department may not require collection of information that is not necessary to verify identity or eligibility.

and - 42 - SB0275 compared with SB0275S02 (vi) other information strictly necessary to complete identity proofing.

Section 12.11.

Section 1263A-20-303 is enacted to read:

63A-20-303.63A-20-303 .

(1)(1)(a) (a) The department shall establish and maintain identity proofing requirements for the issuance of a state-endorsed digital identity that:

or (B)- tracking.40 - Enrolled Copy S.B.

(2)275 (a)(B) Antracking. applicant shall provide true and accurate information as required under this part.

(2)(a) An applicant shall provide true and accurate information as required under this part.

(3)(3)(a) - 43 - SB0275 compared with SB0275S02 (a) Obtaining or holding a state-endorsed digital identity does not affect an individual's physical identity documents.

(4)(4)(a) (a) The department shall define by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the identity proofing standards and processes required for issuance of a state-state-endorsed endorsed digital identity.

Section 13.12.

Section 1363A-20-304 is enacted to read:

63A-20-304.63A-20-304 .

(2)(2)(a) (a) A governmental entity thatthat, , on or after May 6, 2026, implements a new system that accepts a digital identity shallshall, {accept a state-endorsed digital identity } , within three months {from } after the day on which the {date } department issues the first state-endorsed digital identityidentity, {is issued} , accept a state-endorsed digital identity.

(b)- A41 governmental- entityS.B. is not required to accept a state-endorsed digital identity within the time frame described in Subsection (2)(a) if the governmental entity:

(i)275 -Enrolled 44Copy -(b) SB0275A comparedgovernmental withentity SB0275S02is (A)not demonstratesrequired to theaccept satisfaction of the department that accepting a state-endorsed digital identity atwithin thatthe time isframe notdescribed technicallyin feasible;Subsection (2)(a) if the governmental entity:

(i)(A) demonstrates to the satisfaction of the department that accepting a state-endorsed digital identity at that time is not technically feasible;

Section 14.13.

Section 1463A-20-305 is enacted to read:

63A-20-305.63A-20-305 .

(a)(a)(i) (i) demonstrates to the satisfaction of the department that accepting a state-endorsed digital identity at that time is not technically feasible;

Section 15.14.

Section 1563A-20-401 is enacted to read:

63A-20-401.Part 4.

Digital Wallet Providers 63A-20-401 .

4.(1) A digital wallet produced by a digital wallet provider shall:

Digital Wallet Providers (1) A digital wallet produced by a digital wallet provider shall:

(e) support online and offline presentationofpresentation of a state-endorsed digital identity;

(ii)- accessible42 only- toEnrolled theCopy holder;S.B.

275 (ii) accessible only to the holder;

and - 45 - SB0275 compared with SB0275S02 (iv) deletable only by the holder;

Section 16.15.

Section 1663A-20-501 is enacted to read:

63A-20-501.Part 5.

Verifiers 63A-20-501 .

5.(1) A verifier shall:

Verifiers (1) A verifier shall:

- 4643 - SB0275S.B. compared with SB0275S02 (c) process an individual's identity attributes in a secure manner;

275 Enrolled Copy (c) process an individual's identity attributes in a secure manner;

(4) Nothing in this section relieves a verifier from complying with the requirements of Title 13, Chapter 44, Protection of Personal Information Act, or Title 13, Chapter 61, UtahConsumerUtah Consumer Privacy Act.

Section 17.16.

Section 1763A-20-601 is enacted to read:

63A-20-601.Part 6.

Relying Parties 63A-20-601 .

6.(1) A relying party shall:

Relying Parties (1) A relying party shall:

(b)- the44 processing- isEnrolled necessaryCopy forS.B. a specified purpose;

-275 47(b) - SB0275 compared with SB0275S02 (c) the holderprocessing hasis receivednecessary conspicuousfor noticea of:specified purpose;

(c) the holder has received conspicuous notice of:

(5) Nothing in this section relieves a relying party from complying with the requirements of Title 13, Chapter 44, Protection of Personal Information Act, or Title 13, Chapter 61, UtahConsumerUtah Consumer Privacy Act.

Section 18.17.

Section 1863A-20-701 is enacted to read:

63A-20-701.Part 7.

General Requirements 63A-20-701 .

7.The department, a digital wallet provider, a verifier, a relying party, and a digital guardian shall refrain from practices or activities related to the processing of an individual's identity attributes from a digital identity that:

General Requirements The department, a digital wallet provider, a verifier, a relying party, and a digital guardian shall refrain from practices or activities related to the processing of an individual's identity attributes from a digital identity that:

Section 19.18.

Section 1963A-20-702 is enacted to read:

63A-20-702.63A-20-702 .

- 48 - SB0275 compared with SB0275S02 (2) Information provided by a holder, verifier, or relying party to a verifier or relying party in the course of a presentation may only be:

(a) processed for the primary purpose for which the holder disclosed the information;{and}information; and (b) used, retained, sold, or shared:

and - 45 - S.B.

275 Enrolled Copy (b) used, retained, sold, or shared:

Section 20.19.

Section 2063A-20-801 is enacted to read:

63A-20-801.Part 8.

Enforcement and Audit 63A-20-801 .

8.(1) An individual may submit a complaint to the data privacy ombudsperson alleging a violation of this chapter by:

Enforcement and Audit (1) An individual may submit a complaint to the data privacy ombudsperson alleging a violation of this chapter by:

(5) The attorney general shall treat all information received in {accordance } accordance withSubsectionwith Subsection (4) as non-public and confidential unless confidentiality is waived by the providing party, or upon the filing of an enforcement action.

- 49 - SB0275 compared with SB0275S02 (6) In an action brought under Subsection (4), the court may award:

(d)- actual46 damages;- Enrolled Copy S.B.

275 (d) actual damages;

Section 21.20.

Section 2163A-20-802 is enacted to read:

63A-20-802.63A-20-802 .

Section 22.21.

Section 2263A-20-901 is enacted to read:

63A-20-901.Part 9.

Severability 63A-20-901 .

9.(1) If any provision of this chapter or the application of any provision to any person or circumstance is held invalid by a final decision of a court of competent jurisdiction, the remainder of this chapter shall be given effect without the invalid provision or application.

Severability (1) If any provision of this chapter or the application of any provision to any person or circumstance is held invalid by a final decision of a court of competent jurisdiction, the remainder of this chapter shall be given effect without the invalid provision or application.

- 50 - SB0275 compared with SB0275S02 Section 23.22.

63I-1-253.63I-1-253 .

(3)- Section47 53-2a-1103,- SearchS.B. and Rescue Advisory Board -- Members -- Compensation, is repealed July 1, 2030.

275 Enrolled Copy (3) Section 53-2a-1103, Search and Rescue Advisory Board -- Members -- Compensation, is repealed July 1, 2030.

- 51 - SB0275 compared with SB0275S02 [(16)] (17) Subsection 53E-4-202(8)(b), regarding a standards review committee, is repealed January 1, 2028.

[(20)] (21) Section 53F-5-215, Elementary teacher preparation assessment grant, is repealed July- 1,48 2028.- Enrolled Copy S.B.

275 July 1, 2028.

- 52 - SB0275 compared with SB0275S02 [(33)] (34) Subsection 53H-4-210(7), regarding a formal action of the SafeUT and School Safety Commission, is repealed January 1, 2030.

[(38)]- (39)49 Section- 53H-4-306.3,S.B. Electrification of Transportation Infrastructure Research Center -- Steering committee, is repealed July 1, 2028.

275 Enrolled Copy [(38)] (39) Section 53H-4-306.3, Electrification of Transportation Infrastructure Research Center -- Steering committee, is repealed July 1, 2028.

Section 24.23.

- 53 - SB0275 compared with SB0275S02 This Bill Repeals:

Section 25.24.

Effective date.

3-4-26 11:08 AM - 5450 -