First Regular Session Seventy-fifth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction 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 Amended 2nd Reading February 27, 2025 SENATE SPONSORSHIP Rich and Roberts, HOUSE SPONSORSHIP Taggart and Jackson, 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) (a) "N EW CUSTOMER" MEANS A CUSTOMER TRANSACTING AT 12 A VIRTUAL CURRENCY KIOSK IN COLORADO WHO HAS BEEN A CUSTOMER13 OF AN OWNER OR OPERATOR OF A VIRTUAL CURRENCY KIOSK FOR LESS14 THAN SEVEN DAYS.15 (b) S EVEN DAYS AFTER A CUSTOMER FIRST TRANSACTS WITH AN 16 OWNER OR OPERATOR OF A VIRTUAL CURRENCY KIOSK , THE CUSTOMER IS17 CONSIDERED AN EXISTING CUSTOMER AND IS NOT SUBJECT TO THE NEW18 CUSTOMER TRANSACTION LIMIT DESCRIBED IN SECTION 11-112-103 (6).19 079-2- (3) "TRANSACTION HASH" MEANS A UNIQUE IDENTIFIER MADE UP1 OF A STRING OF CHARACTERS THAT ACTS AS A RECORD AND PROVIDES2 PROOF THAT A TRANSACTION WAS VERIFIED AND ADDED TO BLOCKCHAIN3 TECHNOLOGY.4 (4) (a) "VIRTUAL CURRENCY" MEANS A TYPE OF DIGITAL UNIT5 THAT IS USED AS A MEDIUM OF EXCHANGE OR A FORM OF DIGITALLY6 STORED VALUE OR THAT IS INCORPORATED INTO PAYMENT SYSTEM7 TECHNOLOGY.8 (b) "V IRTUAL CURRENCY" INCLUDES DIGITAL UNITS THAT:9 (I) H AVE A CENTRALIZED REPOSITORY OR ADMINISTRATOR ;10 (II) A RE DECENTRALIZED AND HAVE NO CENTRALIZED REPOSITORY11 OR ADMINISTRATOR; OR12 (III) M AY BE CREATED OR OBTAINED BY COMPUTING OR13 MANUFACTURING EFFORT .14 (c) "V IRTUAL CURRENCY" DOES NOT INCLUDE DIGITAL UNITS THAT:15 (I) A RE USED SOLELY WITHIN ONLINE GAMING PLATFORMS , WITH16 NO MARKET OR APPLICATION OUTSIDE THE GAMING PLATFORMS ; 17 (II) A RE USED EXCLUSIVELY AS PART OF A CONSUMER AFFINITY OR18 REWARDS PROGRAM AND CAN BE APPLIED AS PAYMENT FOR PURCHASES19 WITH THE ISSUER OR OTHER DESIGNATED MERCHANTS BUT CANNOT BE20 CONVERTED INTO OR REDEEMED FOR FIAT CURRENCY ; OR 21 (III) A RE USED AS PART OF A CONSUMER AFFINITY OR REWARDS 22 PROGRAM OFFERED THROUGH AN INSTITUTION THAT IS INSURED BY THE23 FEDERAL DEPOSIT INSURANCE CORPORATION OR THE NATIONAL CREDIT24 UNION ADMINISTRATION.25 (5) "VIRTUAL CURRENCY ADDRESS " MEANS AN ALPHANUMERIC26 IDENTIFIER REPRESENTING A DESTINATION FOR A VIRTUAL CURRENCY27 079 -3- TRANSFER THAT IS ASSOCIATED WITH A VIRTUAL CURRENCY WALLET .1 (6) "VIRTUAL CURRENCY KIOSK " MEANS AN ELECTRONIC2 TERMINAL ACTING AS A MECHANICAL AGENT OF THE OWNER OR OPERATOR3 TO ENABLE THE OWNER OR OPERATOR TO FACILITATE THE EXCHANGE OF4 VIRTUAL CURRENCY FOR OTHER VIRTUAL CURRENCY OR FIAT CURRENCY ,5 INCLUDING BY:6 (a) C ONNECTING TO A SEPARATE VIRTUAL CURRENCY EXCHANGER7 THAT PERFORMS THE ACTUAL VIRTUAL CURRENCY TRANSMISSION ; OR8 (b) D RAWING UPON THE VIRTUAL CURRENCY IN THE POSSESSION9 OF THE OWNER OR OPERATOR OF THE ELECTRONIC TERMINAL .10 (7) "VIRTUAL CURRENCY WALLET " MEANS A SOFTWARE11 APPLICATION OR OTHER MECHANISM PROVIDING A MEANS FOR HOLDING ,12 STORING, AND TRANSFERRING VIRTUAL CURRENCY .13 11-112-103. Virtual currency kiosks - disclosures - receipts -14 daily limit - cancellation and refund. (1) B EFORE ENTERING INTO A15 VIRTUAL CURRENCY TRANSACTION FOR , ON BEHALF OF, OR WITH A16 CUSTOMER, THE OWNER OR OPERATOR OF A VIRTUAL CURRENCY KIOSK17 SHALL DISCLOSE TO THE CUSTOMER IN CLEAR AND CONSPICUOUS WRITING18 IN THE ENGLISH LANGUAGE ALL MATERIAL RISKS ASSOCIATED WITH19 VIRTUAL CURRENCY. THE DISCLOSURES MUST BE DISPLAYED ON THE20 SCREEN OF THE VIRTUAL CURRENCY KIOSK WITH THE ABILITY FOR A21 CUSTOMER TO ACKNOWLEDGE RECEIPT OF THE DISCLOSURES . THE22 DISCLOSURES MUST INCLUDE AT LEAST THE FOLLOWING STATEMENT : 23 WARNING: THIS TECHNOLOGY CAN BE USED TO 24 DEFRAUD YOU. IF YOU HAVE BEEN DIRECTED TO THIS 25 MACHINE BY SOMEONE CLAIMING TO BE A GOVERNMENT 26 AGENT, BILL COLLECTOR, LAW ENFORCEMENT OFFICER, 27 079 -4- OR ANYONE YOU DO NOT KNOW PERSONALLY, STOP THIS1 TRANSACTION IMMEDIATELY AND CONTACT YOUR 2 FINANCIAL ADVISOR AND LOCAL LAW ENFORCEMENT. 3 4 (2) W HEN OPENING AN ACCOUNT FOR A CUSTOMER , THE OWNER OR5 OPERATOR OF A VIRTUAL CURRENCY KIOSK SHALL DISCLOSE TO THE6 CUSTOMER IN CLEAR AND CONSPICUOUS WRITING IN THE ENGLISH7 LANGUAGE ALL RELEVANT TERMS AND CONDITIONS ASSOCIATED WITH THE8 PRODUCTS, SERVICES, AND ACTIVITIES OF THE OWNER OR OPERATOR AND9 VIRTUAL CURRENCY GENERALLY , INCLUDING THE FOLLOWING:10 (a) T HE CUSTOMER'S LIABILITY FOR UNAUTHORIZED VIRTUAL11 CURRENCY TRANSACTIONS ;12 13 (b) UNDER WHICH CIRCUMSTANCES THE OWNER OR OPERATOR14 WILL, ABSENT A COURT OR GOVERNMENT ORDER , DISCLOSE INFORMATION15 CONCERNING THE CUSTOMER 'S ACCOUNT TO THIRD PARTIES;16 (c) THE CUSTOMER'S RIGHT TO RECEIVE PERIODIC ACCOUNT17 STATEMENTS AND VALUATIONS FROM THE OWNER OR OPERATOR ;18 (d) THE CUSTOMER'S RIGHT TO RECEIVE A RECEIPT, A TRADE19 TICKET, OR OTHER EVIDENCE OF A VIRTUAL CURRENCY TRANSACTION ; AND20 (e) THE CUSTOMER'S RIGHT TO PRIOR NOTICE OF A CHANGE IN THE21 RULES OR POLICIES OF THE OWNER OR OPERATOR .22 (3) P RIOR TO A TRANSACTION IN VIRTUAL CURRENCY FOR , ON23 BEHALF OF, OR WITH A CUSTOMER , THE OWNER OR OPERATOR OF A24 VIRTUAL CURRENCY KIOSK SHALL DISCLOSE TO THE CUSTOMER IN CLEAR25 AND CONSPICUOUS WRITING IN THE ENGLISH LANGUAGE THE TERMS AND26 CONDITIONS OF THE VIRTUAL CURRENCY TRANSACTION , INCLUDING THE27 079 -5- FOLLOWING:1 (a) T HE AMOUNT OF THE TRANSACTION ;2 (b) T HE FEES, EXPENSES, AND CHARGES BORNE BY THE CUSTOMER ,3 INCLUDING APPLICABLE EXCHANGE RATES ;4 (c) T HE TYPE AND NATURE OF THE TRANSACTION ;5 (d) A WARNING THAT, ONCE COMPLETED, THE TRANSACTION IS6 IRREVERSIBLE, IF APPLICABLE;7 (e) T HE DIFFERENCE IN THE VIRTUAL CURRENCY 'S SALE PRICE8 VERSUS THE CURRENT MARKET PRICE ; AND9 (f) O THER DISCLOSURES THAT ARE CUSTOMARILY GIVEN IN10 CONNECTION WITH A VIRTUAL CURRENCY TRANSACTION .11 (4) T HE OWNER OR OPERATOR OF A VIRTUAL CURRENCY KIOSK12 SHALL ENSURE THAT EACH CUSTOMER ACKNOWLEDGES RECEIPT OF ALL13 DISCLOSURES REQUIRED UNDER THIS SECTION .14 (5) U PON THE COMPLETION OF A VIRTUAL CURRENCY15 TRANSACTION, THE OWNER OR OPERATOR OF A VIRTUAL CURRENCY KIOSK16 SHALL PROVIDE TO THE CUSTOMER AN ELECTRONIC RECEIPT17 CONTAINING THE FOLLOWING INFORMATION :18 (a) T HE NAME OF AND CONTACT INFORMATION FOR THE OWNER OR19 OPERATOR, INCLUDING A TELEPHONE NUMBER ESTABLISHED BY THE20 OWNER OR OPERATOR TO ANSWER QUESTIONS AND REGISTER COMPLAINTS ;21 (b) T HE TYPE, VALUE, DATE, AND PRECISE TIME OF THE VIRTUAL22 CURRENCY TRANSACTION , THE TRANSACTION HASH, AND EACH VIRTUAL23 CURRENCY ADDRESS;24 (c) T HE FEE CHARGED;25 (d) T HE EXCHANGE RATE, IF APPLICABLE;26 (e) A STATEMENT OF THE LIABILITY OF THE OWNER OR OPERATOR27 079 -6- FOR NONDELIVERY OR DELAYED DELIVERY OF THE CURRENCY FOR WHICH1 THE CUSTOMER EXCHANGED VIRTUAL CURRENCY ; AND2 (f) A STATEMENT OF THE REFUND POLICY OF THE OWNER OR3 OPERATOR.4 (6) F OR A NEW CUSTOMER, THE MAXIMUM DAILY TRANSACTION5 LIMIT OF A VIRTUAL CURRENCY KIOSK IS ONE THOUSAND DOLLARS PER6 CUSTOMER.7 (7) (a) T HE OWNER OR OPERATOR OF A VIRTUAL CURRENCY KIOSK8 SHALL, AT THE EXPENSE OF THE OWNER OR OPERATOR , ALLOW A9 CUSTOMER TO CANCEL AND RECEIVE A FULL REFUND FOR A VIRTUAL10 CURRENCY TRANSACTION IF:11 (I) T HE VIRTUAL CURRENCY TRANSACTION WAS THE CUSTOMER 'S12 FIRST VIRTUAL CURRENCY TRANSACTION ;13 (II) T HE VIRTUAL CURRENCY TRANSACTION WAS TO A VIRTUAL14 CURRENCY WALLET OR EXCHANGE LOCATED OUTSIDE OF THE UNITED15 S TATES; AND16 (III) L AW ENFORCEMENT DETERMINES THAT THE VIRTUAL17 CURRENCY TRANSACTION WAS FRAUDULENT .18 (b) I F THE CONDITIONS OF SUBSECTION (7)(a) OF THIS SECTION ARE19 MET, THE OWNER OR OPERATOR SHALL ISSUE A FULL REFUND WITHIN20 SEVENTY-TWO HOURS AFTER BEING NOTIFIED THAT THE VIRTUAL21 CURRENCY TRANSACTION WAS FRAUDULENT .22 SECTION 2. Act subject to petition - effective date. This act23 takes effect January 1, 2026; except that, if a referendum petition is filed24 pursuant to section 1 (3) of article V of the state constitution against this25 act or an item, section, or part of this act within the ninety-day period26 after final adjournment of the general assembly, then the act, item,27 079 -7- section, or part will not take effect unless approved by the people at the1 general election to be held in November 2026 and, in such case, will take2 effect on the date of the official declaration of the vote thereon by the3 governor.4 079 -8-