Rhode Island 2025 Regular Session

Rhode Island House Bill H5636 Compare Versions

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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO FINANCIAL INSTITUTIONS -- CURRENCY TRANSMISSIO NS
1616 Introduced By: Representatives Kennedy, Azzinaro, Edwards, Solomon, O'Brien,
1717 Kazarian, and Diaz
1818 Date Introduced: February 26, 2025
1919 Referred To: House Innovation, Internet, & Technology
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Section 19-14.3-1.1 of the General Laws in Chapter 19-14.3 entitled 1
2424 "Currency Transmissions" is hereby amended to read as follows: 2
2525 19-14.3-1.1. Definitions. 3
2626 In addition to the definitions provided in § 19-14-1 the following definitions are applicable 4
2727 to this chapter: 5
2828 (1) “Control” means: 6
2929 (i) When used in reference to a transaction or relationship involving virtual currency, the 7
3030 power to execute unilaterally or prevent indefinitely a virtual currency transaction; and 8
3131 (ii) When used in reference to a person, the direct or indirect power to direct the 9
3232 management, operations, or policies of the person through legal or beneficial ownership of twenty-10
3333 five percent (25%) or more of the voting power in the person or under a contract, arrangement, or 11
3434 understanding. 12
3535 (2) “Department” means the department of business regulation, division of banking. 13
3636 (3) “Exchange,” used as a verb, means to assume control of virtual currency from or on 14
3737 behalf of a resident, at least momentarily, to sell, trade, or convert: 15
3838 (i) Virtual currency for legal tender, bank credit, or one or more forms of virtual currency; 16
3939 or 17
4040 (ii) Legal tender or bank credit for one or more forms of virtual currency. 18
4141 (4) “Legal tender” means a medium of exchange or unit of value, including the coin or 19
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4545 paper money of the United States, issued by the United States or by another government. 1
4646 (5) “Licensee” means a person licensed under this chapter. 2
4747 (6) “Monetary value” means a medium of exchange, whether or not redeemable in money. 3
4848 (7) “Reciprocity agreement” means an arrangement between the department and the 4
4949 appropriate licensing agency of another state that permits a licensee operating under a license 5
5050 granted by the other state to engage in currency transmission business activity with or on behalf of 6
5151 a resident. 7
5252 (8) “Record” means information that is inscribed on a tangible medium or that is stored in 8
5353 an electronic or other medium and is retrievable in perceivable form. 9
5454 (9) “Registry” means the Nationwide Multistate Licensing System. 10
5555 (10) “Resident”: 11
5656 (i) Means a person that: 12
5757 (A) Is domiciled in this state; 13
5858 (B) Is physically located in this state for more than one hundred eighty-three (183) days of 14
5959 the previous three hundred sixty-five (365) days; or 15
6060 (C) Has a place of business in this state; and 16
6161 (ii) Includes a legal representative of a person that satisfies subsection (10)(i) of this 17
6262 section. 18
6363 (11) “Responsible individual” means an individual who has managerial authority with 19
6464 respect to a licensee’s currency transmission business activity with or on behalf of a resident. 20
6565 (12) “Sign” means, with present intent to authenticate or adopt a record: 21
6666 (i) To execute or adopt a tangible symbol; or 22
6767 (ii) To attach to or logically associate with the record an electronic symbol, sound, or 23
6868 process. 24
6969 (13) “State” means a state of the United States, the District of Columbia, Puerto Rico, the 25
7070 United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the 26
7171 United States. 27
7272 (14) “Store,” except in the phrase “store of value,” means to maintain control of virtual 28
7373 currency on behalf of a resident by a person other than the resident. “Storage” and “storing” have 29
7474 corresponding meanings. 30
7575 (15) “Transfer” means to assume control of virtual currency from or on behalf of a resident 31
7676 and to: 32
7777 (i) Credit the virtual currency to the account of another person; 33
7878 (ii) Move the virtual currency from one account of a resident to another account of the 34
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8282 same resident; or 1
8383 (iii) Relinquish control of virtual currency to another person. 2
8484 (16) “U.S. Dollar equivalent of virtual currency” means the equivalent value of a particular 3
8585 virtual currency in United States dollars shown on a virtual currency exchange based in the United 4
8686 States for a particular date or period specified in this chapter. 5
8787 (17) “Virtual currency business activity” means: 6
8888 (i) Exchanging, transferring, or storing virtual currency whether directly or through an 7
8989 agreement with a virtual currency control-services vendor; 8
9090 (ii) Holding electronic precious metals or electronic certificates representing interests in 9
9191 precious metals on behalf of another person or issuing shares or electronic certificates representing 10
9292 interests in precious metals; or 11
9393 (iii) Exchanging one or more digital representations of value used within one or more 12
9494 online games, game platforms, or family of games for: 13
9595 (A) Virtual currency offered by or on behalf of the same publisher from which the original 14
9696 digital representation of value was received; or 15
9797 (B) Legal tender or bank credit outside the online game, game platform, or family of games 16
9898 offered by or on behalf of the same publisher from which the original digital representation of value 17
9999 was received. 18
100100 (18) “Virtual currency control-services vendor” means a person who has control of virtual 19
101101 currency solely under an agreement with a person who, on behalf of another person, assumes 20
102102 control of virtual currency. 21
103103 (19) "Virtual currency kiosk" means an electronic terminal acting as a mechanical agent of 22
104104 the owner or operator to enable the owner or operator to facilitate the exchange of virtual currency 23
105105 for fiat currency or other virtual currency including, but not limited to, by: 24
106106 (i) Connecting directly to a separate virtual currency exchanger that performs the actual 25
107107 virtual currency transmission; or 26
108108 (ii) Drawing upon the virtual currency in the possession of the owner or operator of the 27
109109 electronic terminal. 28
110110 SECTION 2. Chapter 19-14.3 of the General Laws entitled "Currency Transmissions" is 29
111111 hereby amended by adding thereto the following section: 30
112112 19-14.3-3.9. Virtual currency kiosk -- Receipts required. 31
113113 On or after January 1, 2026, any person who owns, operates, solicits, markets, advertises, 32
114114 or facilitates virtual currency kiosks in this state shall provide customers of the virtual currency 33
115115 kiosk with an option to receive a paper receipt, or electronic receipt, or both detailing the virtual 34
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119119 currency kiosk transaction. The receipt required by this section shall include any: 1
120120 (i) Public virtual currency wallet addresses; 2
121121 (ii) The full name of the account owner; 3
122122 (iii) Unique transaction identifiers; and 4
123123 (iv) Statements regarding the company fraud victim refund policy. 5
124124 (b) In addition to mandatory paper receipts required pursuant to subsection (a) of this 6
125125 section, virtual currency kiosk operators shall provide electronic copies of virtual currency kiosk 7
126126 transactions to the customers email address or record with the operator of the virtual currency kiosk. 8
127127 (c) Virtual currency kiosks unable to provide paper receipts at the time of the transactions 9
128128 shall be disabled by the operator to prevent the processing of any virtual currency transaction 10
129129 without a paper receipt. 11
130130 SECTION 3. This act shall take effect upon passage. 12
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137137 EXPLANATION
138138 BY THE LEGISLATIVE COUNCIL
139139 OF
140140 A N A C T
141141 RELATING TO FINANCIAL INSTITUTIONS -- CURRENCY TRANSMISSION S
142142 ***
143143 This act would provide that operators of virtual currency kiosks must provide customers 1
144144 with a paper receipt, electronic receipt, or both of the transaction. 2
145145 This act would take effect upon passage. 3
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