(1) A governmental entity may not: (a) convey a material benefit upon an individual for using a state digital identity instead of a physical identity; (b) withhold services or benefits from an individual if the individual uses a physical identity or is otherwise unable to use a state digital identity; or (c) require a holder to surrender the holder's secure electronic device in the course of a presentation. (2) (a) A governmental entity that, on or after May 6, 2026, implements a new system that accepts a digital identity shall, within three months after the day on which the department issues the first state-endorsed digital identity, accept a state-endorsed digital identity. (b) A governmental entity is not required to accept a state-endorsed digital identity within the time frame described in Subsection (2)(a) if the governmental entity: (i) (A) demonstrates to the satisfaction of the department that accepting a state-endorsed digital identity at that time is not technically feasible; and (B) provides a plan for accepting a state-endorsed digital identity as soon as feasible; or (ii) is required by law to only accept a specific form of state digital identity.
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