2025 -- H 5636 | |
======== | |
LC000509 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2025 | |
____________ | |
A N A C T | |
RELATING TO FINANCIAL INSTITUTIONS -- CURRENCY TRANSMISSIONS | |
| |
Introduced By: Representatives Kennedy, Azzinaro, Edwards, Solomon, O'Brien, | |
Date Introduced: February 26, 2025 | |
Referred To: House Innovation, Internet, & Technology | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 19-14.3-1.1 of the General Laws in Chapter 19-14.3 entitled |
2 | "Currency Transmissions" is hereby amended to read as follows: |
3 | 19-14.3-1.1. Definitions. |
4 | In addition to the definitions provided in § 19-14-1 the following definitions are applicable |
5 | to this chapter: |
6 | (1) “Control” means: |
7 | (i) When used in reference to a transaction or relationship involving virtual currency, the |
8 | power to execute unilaterally or prevent indefinitely a virtual currency transaction; and |
9 | (ii) When used in reference to a person, the direct or indirect power to direct the |
10 | management, operations, or policies of the person through legal or beneficial ownership of twenty- |
11 | five percent (25%) or more of the voting power in the person or under a contract, arrangement, or |
12 | understanding. |
13 | (2) “Department” means the department of business regulation, division of banking. |
14 | (3) “Exchange,” used as a verb, means to assume control of virtual currency from or on |
15 | behalf of a resident, at least momentarily, to sell, trade, or convert: |
16 | (i) Virtual currency for legal tender, bank credit, or one or more forms of virtual currency; |
17 | or |
18 | (ii) Legal tender or bank credit for one or more forms of virtual currency. |
19 | (4) “Legal tender” means a medium of exchange or unit of value, including the coin or |
| |
1 | paper money of the United States, issued by the United States or by another government. |
2 | (5) “Licensee” means a person licensed under this chapter. |
3 | (6) “Monetary value” means a medium of exchange, whether or not redeemable in money. |
4 | (7) “Reciprocity agreement” means an arrangement between the department and the |
5 | appropriate licensing agency of another state that permits a licensee operating under a license |
6 | granted by the other state to engage in currency transmission business activity with or on behalf of |
7 | a resident. |
8 | (8) “Record” means information that is inscribed on a tangible medium or that is stored in |
9 | an electronic or other medium and is retrievable in perceivable form. |
10 | (9) “Registry” means the Nationwide Multistate Licensing System. |
11 | (10) “Resident”: |
12 | (i) Means a person that: |
13 | (A) Is domiciled in this state; |
14 | (B) Is physically located in this state for more than one hundred eighty-three (183) days of |
15 | the previous three hundred sixty-five (365) days; or |
16 | (C) Has a place of business in this state; and |
17 | (ii) Includes a legal representative of a person that satisfies subsection (10)(i) of this |
18 | section. |
19 | (11) “Responsible individual” means an individual who has managerial authority with |
20 | respect to a licensee’s currency transmission business activity with or on behalf of a resident. |
21 | (12) “Sign” means, with present intent to authenticate or adopt a record: |
22 | (i) To execute or adopt a tangible symbol; or |
23 | (ii) To attach to or logically associate with the record an electronic symbol, sound, or |
24 | process. |
25 | (13) “State” means a state of the United States, the District of Columbia, Puerto Rico, the |
26 | United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the |
27 | United States. |
28 | (14) “Store,” except in the phrase “store of value,” means to maintain control of virtual |
29 | currency on behalf of a resident by a person other than the resident. “Storage” and “storing” have |
30 | corresponding meanings. |
31 | (15) “Transfer” means to assume control of virtual currency from or on behalf of a resident |
32 | and to: |
33 | (i) Credit the virtual currency to the account of another person; |
34 | (ii) Move the virtual currency from one account of a resident to another account of the |
| LC000509 - Page 2 of 5 |
1 | same resident; or |
2 | (iii) Relinquish control of virtual currency to another person. |
3 | (16) “U.S. Dollar equivalent of virtual currency” means the equivalent value of a particular |
4 | virtual currency in United States dollars shown on a virtual currency exchange based in the United |
5 | States for a particular date or period specified in this chapter. |
6 | (17) “Virtual currency business activity” means: |
7 | (i) Exchanging, transferring, or storing virtual currency whether directly or through an |
8 | agreement with a virtual currency control-services vendor; |
9 | (ii) Holding electronic precious metals or electronic certificates representing interests in |
10 | precious metals on behalf of another person or issuing shares or electronic certificates representing |
11 | interests in precious metals; or |
12 | (iii) Exchanging one or more digital representations of value used within one or more |
13 | online games, game platforms, or family of games for: |
14 | (A) Virtual currency offered by or on behalf of the same publisher from which the original |
15 | digital representation of value was received; or |
16 | (B) Legal tender or bank credit outside the online game, game platform, or family of games |
17 | offered by or on behalf of the same publisher from which the original digital representation of value |
18 | was received. |
19 | (18) “Virtual currency control-services vendor” means a person who has control of virtual |
20 | currency solely under an agreement with a person who, on behalf of another person, assumes |
21 | control of virtual currency. |
22 | (19) "Virtual currency kiosk" means an electronic terminal acting as a mechanical agent of |
23 | the owner or operator to enable the owner or operator to facilitate the exchange of virtual currency |
24 | for fiat currency or other virtual currency including, but not limited to, by: |
25 | (i) Connecting directly to a separate virtual currency exchanger that performs the actual |
26 | virtual currency transmission; or |
27 | (ii) Drawing upon the virtual currency in the possession of the owner or operator of the |
28 | electronic terminal. |
29 | SECTION 2. Chapter 19-14.3 of the General Laws entitled "Currency Transmissions" is |
30 | hereby amended by adding thereto the following section: |
31 | 19-14.3-3.9. Virtual currency kiosk -- Receipts required. |
32 | On or after January 1, 2026, any person who owns, operates, solicits, markets, advertises, |
33 | or facilitates virtual currency kiosks in this state shall provide customers of the virtual currency |
34 | kiosk with an option to receive a paper receipt, or electronic receipt, or both detailing the virtual |
| LC000509 - Page 3 of 5 |
1 | currency kiosk transaction. The receipt required by this section shall include any: |
2 | (i) Public virtual currency wallet addresses; |
3 | (ii) The full name of the account owner; |
4 | (iii) Unique transaction identifiers; and |
5 | (iv) Statements regarding the company fraud victim refund policy. |
6 | (b) In addition to mandatory paper receipts required pursuant to subsection (a) of this |
7 | section, virtual currency kiosk operators shall provide electronic copies of virtual currency kiosk |
8 | transactions to the customers email address or record with the operator of the virtual currency kiosk. |
9 | (c) Virtual currency kiosks unable to provide paper receipts at the time of the transactions |
10 | shall be disabled by the operator to prevent the processing of any virtual currency transaction |
11 | without a paper receipt. |
12 | SECTION 3. This act shall take effect upon passage. |
======== | |
LC000509 | |
======== | |
| LC000509 - Page 4 of 5 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO FINANCIAL INSTITUTIONS -- CURRENCY TRANSMISSIONS | |
*** | |
1 | This act would provide that operators of virtual currency kiosks must provide customers |
2 | with a paper receipt, electronic receipt, or both of the transaction. |
3 | This act would take effect upon passage. |
======== | |
LC000509 | |
======== | |
| LC000509 - Page 5 of 5 |