(1) An individual who is at least 18 years old, or is an emancipated minor, may apply to the department for a state-endorsed digital identity. (2) An individual who is under 18 years old, and is not an emancipated minor, may apply to the department for a state-endorsed digital identity only with the consent of the individual's digital guardian. (3) (a) If an individual is unable to apply for a state-endorsed digital identity due to the individual's youth or incapacitation, the application may be made on behalf of that individual by the individual's digital guardian. (b) A digital guardian applying on behalf of a minor or incapacitated individual shall provide: (i) identification, as required by the department; and (ii) the consent of the incapacitated individual, as required by the department. (4) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing: (a) the form and manner of an application under this section; (b) identity proofing requirements and procedures; and (c) procedures for denial, correction, reissuance, and compromise recovery consistent with this part. (5) An individual is not required to apply for or obtain a state-endorsed digital identity. (6) To apply for or receive a state-endorsed digital identity, an applicant shall: (a) have lawful presence in the United States; (b) be a resident of Utah; and (c) successfully complete the department's identity proofing process established under this part. (7) (a) The department may not require collection of information that is not necessary to verify identity or eligibility. (b) Required information may include, as determined by the department and documented by rule: (i) the applicant's true and full legal name; (ii) date of birth; (iii) Utah residence address; (iv) evidence of lawful presence in the United States; (v) evidence of Utah residency; and (vi) other information strictly necessary to complete identity proofing.
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