Senate
File
449
S-3057
Amend
Senate
File
449
as
follows:
1
1.
Page
1,
after
line
10
by
inserting:
2
<
b.
“Consumer”
means
either
a
new
consumer
or
an
existing
3
consumer.
>
4
2.
Page
1,
line
11,
by
striking
<
b.
>
and
inserting
<
c.
>
5
3.
Page
1,
by
striking
lines
14
through
17
and
inserting:
6
<
d.
“Digital
financial
asset
transaction
kiosk”
means
7
an
electronic
terminal
acting
as
a
mechanical
agent
of
an
8
operator
to
enable
the
operator
to
facilitate
the
exchange
of
9
a
digital
financial
asset
for
money,
bank
credit,
or
other
10
digital
financial
asset,
including
but
not
limited
to
any
of
11
the
following:
12
(1)
By
connecting
directly
to
a
separate
licensed
digital
13
financial
asset
exchange
that
performs
the
digital
financial
14
asset
transaction.
15
(2)
By
drawing
upon
a
digital
financial
asset
in
the
16
possession
of
the
operator.
>
17
4.
Page
1,
after
line
17
by
inserting:
18
<
e.
“Existing
consumer”
means
an
individual
who
is
not
a
new
19
consumer.
>
20
5.
Page
1,
line
18,
by
striking
<
d.
>
and
inserting
<
f.
>
21
6.
Page
1,
after
line
21
by
inserting:
22
<
g.
“New
consumer”
means
an
individual
who
has
not
23
previously
engaged
in
a
digital
financial
asset
transaction
24
with
a
particular
operator.
An
individual
shall
continue
to
be
25
considered
a
new
consumer
for
a
period
of
thirty
calendar
days
26
after
the
individual
makes
their
first
digital
financial
asset
27
transaction
with
a
particular
operator.
>
28
7.
Page
1,
line
22,
by
striking
<
e.
>
and
inserting
<
h.
>
29
8.
Page
1,
line
24,
by
striking
<
f.
>
and
inserting
<
i.
>
30
9.
Page
1,
by
striking
line
28
and
inserting:
31
<
2.
Daily
transactions.
32
a.
An
operator
shall
not,
via
a
digital
>
33
10.
Page
1,
after
line
31
by
inserting:
34
<
b.
In
the
thirty
calendar
days
following
a
new
consumer’s
35
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5
#1.
#2.
#3.
#4.
#5.
#6.
#7.
#8.
#9.
#10.
first
financial
asset
transaction
with
a
particular
operator,
1
the
operator
shall
not,
via
a
digital
financial
asset
2
transaction
kiosk,
accept
from
the
new
consumer
or
dispense
to
3
the
new
consumer
more
than
ten
thousand
dollars.
>
4
11.
Page
3,
after
line
12
by
inserting:
5
<
c.
Prior
to
entering
into
a
digital
financial
asset
6
transaction
with
a
consumer,
an
operator
shall
require
the
7
consumer
to
attest
to
receiving
the
disclosure
required
under
8
paragraph
“a”
.
>
9
12.
Page
4,
line
34,
after
<
operator
>
by
inserting
<
,
or
an
10
established
third
party
acting
on
behalf
of
the
operator
and
11
that
specializes
in
performing
blockchain
analytics,
>
12
13.
Page
5,
line
6,
after
<
operator
>
by
inserting
<
,
or
of
13
an
established
third
party
acting
on
behalf
of
the
operator
and
14
that
specializes
in
performing
blockchain
analytics
>
15
14.
Page
5,
after
line
11
by
inserting:
16
<
8.
Refunds
——
new
consumers.
Upon
the
request
of
a
new
17
consumer,
an
operator
shall
issue
to
the
consumer
a
refund
for
18
the
full
amount
of
all
digital
financial
asset
transactions
19
that
the
consumer
made
during
the
thirty-calendar-day
period
20
that
the
consumer
was
a
new
consumer
if
all
of
the
following
21
circumstances
exist:
22
a.
The
new
consumer
was
fraudulently
induced
to
engage
in
23
the
digital
financial
asset
transaction
for
which
the
consumer
24
is
requesting
a
refund.
25
b.
The
consumer
has
contacted
the
operator
and
a
government
26
or
law
enforcement
agency
to
report
the
fraudulent
nature
of
27
the
digital
financial
asset
transaction
within
ninety
calendar
28
days
of
the
last
digital
financial
asset
transaction
to
occur
29
while
the
consumer
was
a
new
consumer.
30
c.
The
consumer
has
submitted
proof
of
the
fraud
to
the
31
operator,
including
but
not
limited
to
a
police
report
or
sworn
32
declaration
detailing
the
fraudulent
nature
of
the
digital
33
financial
asset
transaction.
34
9.
Refunds
——
existing
consumers.
Upon
the
request
of
an
35
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#11.
#12.
#13.
#14.
existing
consumer,
an
operator
shall
issue
to
the
existing
1
consumer
a
refund
for
the
full
amount
of
all
digital
financial
2
asset
transactions
that
the
existing
consumer
made
if
all
of
3
the
following
circumstances
exist:
4
a.
The
existing
consumer
was
fraudulently
induced
to
engage
5
in
the
digital
financial
asset
transaction
for
which
the
6
consumer
is
requesting
a
refund.
7
b.
The
existing
consumer
has
contacted
the
operator
and
a
8
government
or
law
enforcement
agency
to
report
the
fraudulent
9
nature
of
the
digital
financial
asset
transaction
within
ninety
10
calendar
days
of
the
digital
financial
asset
transaction
for
11
which
the
consumer
is
requesting
a
refund.
12
c.
The
existing
consumer
has
submitted
proof
of
the
fraud
13
to
the
operator,
including
but
not
limited
to
a
police
report
14
or
sworn
declaration
detailing
the
fraudulent
nature
of
the
15
digital
financial
asset
transaction.
16
10.
Enforcement
——
penalties.
17
a.
If
the
attorney
general
has
reasonable
belief
that
an
18
operator
is
in
violation
of
this
section,
the
attorney
general
19
has
the
sole
authority
to
bring
civil
action
to
provide
for
all
20
of
the
following:
21
(1)
Enjoin
further
violations
by
the
operator.
22
(2)
Enforce
compliance
with
this
section.
23
(3)
Civil
penalties
in
an
amount
not
more
than
ten
thousand
24
dollars
for
each
violation
of
this
section.
25
(4)
Other
remedies
permitted
under
law.
26
b.
If
the
attorney
general
has
reasonable
belief
that
a
27
person
is
in
violation
of
an
injunction
issued
under
this
28
subsection,
the
attorney
general
has
the
sole
authority
to
29
bring
civil
action
to
provide
for
civil
penalties
in
an
amount
30
not
more
than
one
hundred
thousand
dollars.
31
c.
An
individual
that
has
knowledge
of
a
violation
of
this
32
section
may
report
the
violation
to
the
attorney
general.
33
d.
The
attorney
general
shall
establish
an
electronic
34
reporting
system
for
the
submission
of
reports
pursuant
to
this
35
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subsection.
1
11.
Compliance
policies.
An
operator
shall
implement,
2
maintain,
and
enforce
written
policies
and
procedures
for
3
compliance
with
this
section.
The
policies
and
procedures
4
shall
be
reviewed
and
approved
by
the
operator’s
board
of
5
directors
or
an
equivalent
governing
body
of
the
operator.
6
12.
Fraud
policy.
An
operator
shall
take
reasonable
7
steps
to
detect
and
prevent
fraud,
including
establishing
and
8
maintaining
a
written
antifraud
policy.
The
antifraud
policy
9
shall,
at
a
minimum,
include
all
of
the
following:
10
a.
The
identification
and
assessment
of
fraud-related
risk
11
areas.
12
b.
Procedures
and
controls
to
protect
against
identified
13
risks.
14
c.
Allocation
of
responsibility
for
monitoring
risks.
15
d.
Procedures
for
the
periodic
evaluation
and
revision
of
16
the
antifraud
procedures,
controls,
and
monitoring
mechanisms.
17
13.
Compliance
officer.
An
operator
shall
designate
and
18
employ
a
compliance
officer
who
meets
all
of
the
following
19
requirements:
20
a.
The
individual
is
qualified
to
coordinate
and
monitor
21
compliance
with
this
section
and
all
applicable
state
and
22
federal
laws
and
rules.
23
b.
The
individual
is
a
full-time
employee
of
the
operator.
24
c.
The
individual
does
not
own
more
than
twenty
percent
of
25
the
operator
that
employs
the
individual.
26
Sec.
___.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
27
immediate
importance,
takes
effect
upon
enactment.
28
Sec.
___.
APPLICABILITY.
This
Act
applies
on
or
after
July
29
1,
2025,
to
operators.
>
30
15.
Title
page,
line
1,
after
<
kiosks
>
by
inserting
<
and
31
including
penalties,
and
effective
date
and
applicability
32
provisions.
>
33
16.
By
renumbering
as
necessary.
34
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nls/ko
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5
#15.
______________________________
CHARLIE
McCLINTOCK
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