First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0363.01 Clare Haffner x6137 SENATE BILL 25-079 Senate Committees House Committees Judiciary A BILL FOR AN ACT C ONCERNING THE "COLORADO VENDING OF DIGITAL ASSETS ACT".101 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) The bill enacts the "Colorado Vending of Digital Assets Act", which requires an owner or operator of a virtual currency kiosk to: ! Provide certain disclosures to customers of the virtual currency kiosk; ! Provide each customer with a printed and an electronic receipt detailing the customer's virtual currency transaction; and ! Fully refund a customer's first virtual currency transaction SENATE SPONSORSHIP Rich and Roberts, HOUSE SPONSORSHIP Taggart, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. if the virtual currency transaction is to a virtual currency wallet or exchange located outside of the United States and is determined by law enforcement to be fraudulent. The bill establishes a daily transaction limit of $1,000 for a customer of a virtual currency kiosk. The bill defines "virtual currency" as a type of digital unit that is used as a medium of exchange or a form of digitally stored value or that is incorporated into payment system technology. "Virtual currency kiosk" is defined as an electronic terminal acting as a mechanical agent of the owner or operator to enable the owner or operator to facilitate the exchange of virtual currency for other virtual currency or fiat currency. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, add article 112 to2 title 11 as follows:3 ARTICLE 1124 Colorado Vending of Digital Assets5 11-112-101. Short title. T HE SHORT TITLE OF THIS ARTICLE 112 IS6 THE "COLORADO VENDING OF DIGITAL ASSETS ACT".7 11-112-102. Definitions. A S USED IN THIS ARTICLE 112, UNLESS8 THE CONTEXT OTHERWISE REQUIRES :9 (1) "B LOCKCHAIN TECHNOLOGY " HAS THE MEANING SET FORTH IN10 SECTION 24-36-121.5 (2)(a).11 (2) "T RANSACTION HASH" MEANS A UNIQUE IDENTIFIER MADE UP12 OF A STRING OF CHARACTERS THAT ACTS AS A RECORD AND PROVIDES13 PROOF THAT A TRANSACTION WAS VERIFIED AND ADDED TO BLOCKCHAIN14 TECHNOLOGY.15 (3) (a) "V IRTUAL CURRENCY" MEANS A TYPE OF DIGITAL UNIT16 THAT IS USED AS A MEDIUM OF EXCHANGE OR A FORM OF DIGITALLY17 STORED VALUE OR THAT IS INCORPORATED INTO PAYMENT SYSTEM18 TECHNOLOGY.19 SB25-079-2- (b) "VIRTUAL CURRENCY" INCLUDES DIGITAL UNITS THAT:1 (I) H AVE A CENTRALIZED REPOSITORY OR ADMINISTRATOR ;2 (II) A RE DECENTRALIZED AND HAVE NO CENTRALIZED REPOSITORY3 OR ADMINISTRATOR; OR4 (III) M AY BE CREATED OR OBTAINED BY COMPUTING OR5 MANUFACTURING EFFORT .6 (c) "V IRTUAL CURRENCY" DOES NOT INCLUDE DIGITAL UNITS THAT:7 (I) A RE USED SOLELY WITHIN ONLINE GAMING PLATFORMS , WITH8 NO MARKET OR APPLICATION OUTSIDE THE GAMING PLATFORMS ; OR9 (II) A RE USED EXCLUSIVELY AS PART OF A CONSUMER AFFINITY OR10 REWARDS PROGRAM AND CAN BE APPLIED AS PAYMENT FOR PURCHASES11 WITH THE ISSUER OR OTHER DESIGNATED MERCHANTS BUT CANNOT BE12 CONVERTED INTO OR REDEEMED FOR FIAT CURRENCY .13 (4) "V IRTUAL CURRENCY ADDRESS " MEANS AN ALPHANUMERIC14 IDENTIFIER REPRESENTING A DESTINATION FOR A VIRTUAL CURRENCY15 TRANSFER THAT IS ASSOCIATED WITH A VIRTUAL CURRENCY WALLET .16 (5) "V IRTUAL CURRENCY KIOSK " MEANS AN ELECTRONIC17 TERMINAL ACTING AS A MECHANICAL AGENT OF THE OWNER OR OPERATOR18 TO ENABLE THE OWNER OR OPERATOR TO FACILITATE THE EXCHANGE OF19 VIRTUAL CURRENCY FOR OTHER VIRTUAL CURRENCY OR FIAT CURRENCY ,20 INCLUDING BY:21 (a) C ONNECTING TO A SEPARATE VIRTUAL CURRENCY EXCHANGER22 THAT PERFORMS THE ACTUAL VIRTUAL CURRENCY TRANSMISSION ; OR23 (b) D RAWING UPON THE VIRTUAL CURRENCY IN THE POSSESSION24 OF THE OWNER OR OPERATOR OF THE ELECTRONIC TERMINAL .25 (6) "V IRTUAL CURRENCY WALLET " MEANS A SOFTWARE26 APPLICATION OR OTHER MECHANISM PROVIDING A MEANS FOR HOLDING ,27 SB25-079 -3- STORING, AND TRANSFERRING VIRTUAL CURRENCY .1 11-112-103. Virtual currency kiosks - disclosures - receipts -2 daily limit - cancellation and refund. (1) B EFORE ENTERING INTO A3 VIRTUAL CURRENCY TRANSACTION FOR , ON BEHALF OF, OR WITH A4 CUSTOMER, THE OWNER OR OPERATOR OF A VIRTUAL CURRENCY KIOSK5 SHALL DISCLOSE TO THE CUSTOMER IN CLEAR AND CONSPICUOUS WRITING6 IN THE ENGLISH LANGUAGE ALL MATERIAL RISKS ASSOCIATED WITH7 VIRTUAL CURRENCY. THE DISCLOSURES MUST BE DISPLAYED ON THE8 SCREEN OF THE VIRTUAL CURRENCY KIOSK WITH THE ABILITY FOR A9 CUSTOMER TO ACKNOWLEDGE RECEIPT OF THE DISCLOSURES . THE10 DISCLOSURES MUST INCLUDE AT LEAST THE FOLLOWING INFORMATION :11 (a) A DISCLOSURE PROVIDED SEPARATELY FROM THE DISCLOSURES12 PROVIDED PURSUANT TO SUBSECTIONS (1)(b) TO (1)(i) OF THIS SECTION13 AND FEATURED PROMINENTLY AND IN BOLD -FACED TYPE STATING THE14 FOLLOWING: "WARNING: LOSSES DUE TO FRAUDULENT OR15 ACCIDENTAL TRANSACTIONS MAY NOT BE RECOVERABLE16 AND TRANSACTIONS IN VIRTUAL CURRENCY ARE17 IRREVERSIBLE.";18 (b) V IRTUAL CURRENCY IS NOT BACKED OR INSURED BY THE19 GOVERNMENT, AND ACCOUNTS AND VALUE BALANCES ARE NOT SUBJECT20 TO FEDERAL DEPOSIT INSURANCE CORPORATION , NATIONAL CREDIT UNION21 ADMINISTRATION, OR SECURITIES INVESTOR PROTECTION CORPORATION22 PROTECTIONS;23 (c) F OR SOME VIRTUAL CURRENCY TRANSACTIONS , THE24 TRANSACTION WILL BE DEEMED RECORDED WHEN RECORDED ON A PUBLIC25 LEDGER, WHICH MAY NOT BE THE DATE OR TIME WHEN THE CUSTOMER26 INITIATES THE VIRTUAL CURRENCY TRANSACTION ;27 SB25-079 -4- (d) THE VALUE OF VIRTUAL CURRENCY MAY BE DERIVED FROM THE1 CONTINUED WILLINGNESS OF MARKET PARTICIPANTS TO EXCHANGE FIAT2 CURRENCY FOR VIRTUAL CURRENCY , WHICH MAY RESULT IN THE3 PERMANENT AND TOTAL LOSS OF THE VALUE OF A PARTICULAR VIRTUAL4 CURRENCY IF THE MARKET FOR THAT VIRTUAL CURRENCY DISAPPEARS ;5 (e) T HERE IS NO ASSURANCE THAT A PERSON THAT ACCEPTS6 VIRTUAL CURRENCY AS PAYMENT TODAY WILL CONTINUE TO DO SO IN THE7 FUTURE;8 (f) T HE VOLATILITY AND UNPREDICTABILITY OF THE VALUE OF9 VIRTUAL CURRENCY RELATIVE TO FIAT CURRENCY MAY RESULT IN A10 SIGNIFICANT LOSS OVER A SHORT PERIOD OF TIME;11 (g) T HE NATURE OF VIRTUAL CURRENCY MAY LEAD TO AN12 INCREASED RISK OF FRAUD OR CYBERATTACK ;13 (h) T HE NATURE OF VIRTUAL CURRENCY MEANS THAT14 TECHNOLOGICAL DIFFICULTIES EXPERIENCED BY THE OWNER OR OPERATOR15 MAY PREVENT ACCESS TO OR USE OF A CUSTOMER 'S VIRTUAL CURRENCY;16 AND17 (i) A NY BOND MAINTAINED BY THE OWNER OR OPERATOR FOR THE18 BENEFIT OF THE CUSTOMERS OF THE OWNER OR OPERATOR MAY NOT BE19 SUFFICIENT TO COVER ALL LOSSES INCURRED BY CUSTOMERS .20 (2) W HEN OPENING AN ACCOUNT FOR A CUSTOMER , THE OWNER OR21 OPERATOR OF A VIRTUAL CURRENCY KIOSK SHALL DISCLOSE TO THE22 CUSTOMER IN CLEAR AND CONSPICUOUS WRITING IN THE ENGLISH23 LANGUAGE ALL RELEVANT TERMS AND CONDITIONS ASSOCIATED WITH THE24 PRODUCTS, SERVICES, AND ACTIVITIES OF THE OWNER OR OPERATOR AND25 VIRTUAL CURRENCY GENERALLY , INCLUDING THE FOLLOWING:26 (a) T HE CUSTOMER'S LIABILITY FOR UNAUTHORIZED VIRTUAL27 SB25-079 -5- CURRENCY TRANSACTIONS ;1 (b) T HE CUSTOMER'S RIGHT TO STOP PAYMENT OF A2 PREAUTHORIZED VIRTUAL CURRENCY TRANSFER AND THE PROCEDURE3 USED TO INITIATE A STOP-PAYMENT ORDER;4 (c) U NDER WHICH CIRCUMSTANCES THE OWNER OR OPERATOR5 WILL, ABSENT A COURT OR GOVERNMENT ORDER , DISCLOSE INFORMATION6 CONCERNING THE CUSTOMER 'S ACCOUNT TO THIRD PARTIES;7 (d) T HE CUSTOMER'S RIGHT TO RECEIVE PERIODIC ACCOUNT8 STATEMENTS AND VALUATIONS FROM THE OWNER OR OPERATOR ;9 (e) T HE CUSTOMER'S RIGHT TO RECEIVE A RECEIPT, A TRADE10 TICKET, OR OTHER EVIDENCE OF A VIRTUAL CURRENCY TRANSACTION ; AND11 (f) T HE CUSTOMER'S RIGHT TO PRIOR NOTICE OF A CHANGE IN THE12 RULES OR POLICIES OF THE OWNER OR OPERATOR .13 (3) P RIOR TO A TRANSACTION IN VIRTUAL CURRENCY FOR , ON14 BEHALF OF, OR WITH A CUSTOMER , THE OWNER OR OPERATOR OF A15 VIRTUAL CURRENCY KIOSK SHALL DISCLOSE TO THE CUSTOMER IN CLEAR16 AND CONSPICUOUS WRITING IN THE ENGLISH LANGUAGE THE TERMS AND17 CONDITIONS OF THE VIRTUAL CURRENCY TRANSACTION , INCLUDING THE18 FOLLOWING:19 (a) T HE AMOUNT OF THE TRANSACTION ;20 (b) T HE FEES, EXPENSES, AND CHARGES BORNE BY THE CUSTOMER ,21 INCLUDING APPLICABLE EXCHANGE RATES ;22 (c) T HE TYPE AND NATURE OF THE TRANSACTION ;23 (d) A WARNING THAT, ONCE COMPLETED, THE TRANSACTION IS24 IRREVERSIBLE, IF APPLICABLE;25 (e) T HE DIFFERENCE IN THE VIRTUAL CURRENCY 'S SALE PRICE26 VERSUS THE CURRENT MARKET PRICE ; AND27 SB25-079 -6- (f) OTHER DISCLOSURES THAT ARE CUSTOMARILY GIVEN IN1 CONNECTION WITH A VIRTUAL CURRENCY TRANSACTION .2 (4) T HE OWNER OR OPERATOR OF A VIRTUAL CURRENCY KIOSK3 SHALL ENSURE THAT EACH CUSTOMER ACKNOWLEDGES RECEIPT OF ALL4 DISCLOSURES REQUIRED UNDER THIS SECTION .5 (5) U PON THE COMPLETION OF A VIRTUAL CURRENCY6 TRANSACTION, THE OWNER OR OPERATOR OF A VIRTUAL CURRENCY KIOSK7 SHALL PROVIDE TO THE CUSTOMER A PRINTED AND AN ELECTRONIC8 RECEIPT CONTAINING THE FOLLOWING INFORMATION :9 (a) T HE NAME OF AND CONTACT INFORMATION FOR THE OWNER OR10 OPERATOR, INCLUDING A TELEPHONE NUMBER ESTABLISHED BY THE11 OWNER OR OPERATOR TO ANSWER QUESTIONS AND REGISTER COMPLAINTS ;12 (b) T HE TYPE, VALUE, DATE, AND PRECISE TIME OF THE VIRTUAL13 CURRENCY TRANSACTION , THE TRANSACTION HASH, AND EACH VIRTUAL14 CURRENCY ADDRESS;15 (c) T HE FEE CHARGED;16 (d) T HE EXCHANGE RATE, IF APPLICABLE;17 (e) A STATEMENT OF THE LIABILITY OF THE OWNER OR OPERATOR18 FOR NONDELIVERY OR DELAYED DELIVERY OF THE CURRENCY FOR WHICH19 THE CUSTOMER EXCHANGED VIRTUAL CURRENCY ; AND20 (f) A STATEMENT OF THE REFUND POLICY OF THE OWNER OR21 OPERATOR.22 (6) T HE MAXIMUM DAILY TRANSACTION LIMIT OF A VIRTUAL23 CURRENCY KIOSK IS ONE THOUSAND DOLLARS PER CUSTOMER .24 (7) (a) T HE OWNER OR OPERATOR OF A VIRTUAL CURRENCY KIOSK25 SHALL, AT THE EXPENSE OF THE OWNER OR OPERATOR , ALLOW A26 CUSTOMER TO CANCEL AND RECEIVE A FULL REFUND FOR A VIRTUAL27 SB25-079 -7- CURRENCY TRANSACTION IF:1 (I) T HE VIRTUAL CURRENCY TRANSACTION WAS THE CUSTOMER 'S2 FIRST VIRTUAL CURRENCY TRANSACTION ;3 (II) T HE VIRTUAL CURRENCY TRANSACTION WAS TO A VIRTUAL4 CURRENCY WALLET OR EXCHANGE LOCATED OUTSIDE OF THE UNITED5 S TATES; AND6 (III) L AW ENFORCEMENT DETERMINES THAT THE VIRTUAL7 CURRENCY TRANSACTION WAS FRAUDULENT .8 (b) I F THE CONDITIONS OF SUBSECTION (7)(a) OF THIS SECTION ARE9 MET, THE OWNER OR OPERATOR SHALL ISSUE A FULL REFUND WITHIN10 SEVENTY-TWO HOURS AFTER BEING NOTIFIED THAT THE VIRTUAL11 CURRENCY TRANSACTION WAS FRAUDULENT .12 SECTION 2. Act subject to petition - effective date. This act13 takes effect January 1, 2026; except that, if a referendum petition is filed14 pursuant to section 1 (3) of article V of the state constitution against this15 act or an item, section, or part of this act within the ninety-day period16 after final adjournment of the general assembly, then the act, item,17 section, or part will not take effect unless approved by the people at the18 general election to be held in November 2026 and, in such case, will take19 effect on the date of the official declaration of the vote thereon by the20 governor.21 SB25-079 -8-