Senate
File
449
-
Reprinted
SENATE
FILE
449
BY
COMMITTEE
ON
TECHNOLOGY
(SUCCESSOR
TO
SSB
1142)
(As
Amended
and
Passed
by
the
Senate
March
26,
2025
)
A
BILL
FOR
An
Act
relating
to
digital
financial
asset
transaction
1
kiosks
and
including
penalties,
and
effective
date
and
2
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
533C.1004
Digital
financial
asset
1
transaction
kiosks.
2
1.
Definitions.
As
used
in
this
section,
unless
the
context
3
otherwise
requires:
4
a.
“Charges”
means
any
of
the
following:
5
(1)
A
fee
or
expense
paid
by
a
consumer.
6
(2)
The
difference
between
the
current
market
price
of
a
7
digital
financial
asset
on
a
licensed
digital
financial
asset
8
exchange
and
the
price
of
the
digital
financial
asset
charged
9
to
a
consumer.
10
b.
“Consumer”
means
either
a
new
consumer
or
an
existing
11
consumer.
12
c.
“Digital
financial
asset”
means
a
virtual
representation
13
of
value
or
rights
that
can
be
transferred,
stored,
or
traded
14
electronically
and
used
for
payment
or
investment
purposes.
15
d.
“Digital
financial
asset
transaction
kiosk”
means
an
16
electronic
terminal
acting
as
a
mechanical
agent
of
an
operator
17
to
enable
the
operator
to
facilitate
the
exchange
of
a
digital
18
financial
asset
for
money,
bank
credit,
or
other
digital
19
financial
asset,
including
but
not
limited
to
any
of
the
20
following:
21
(1)
By
connecting
directly
to
a
separate
licensed
digital
22
financial
asset
exchange
that
performs
the
digital
financial
23
asset
transaction.
24
(2)
By
drawing
upon
a
digital
financial
asset
in
the
25
possession
of
the
operator.
26
e.
“Existing
consumer”
means
an
individual
who
is
not
a
new
27
consumer.
28
f.
“Licensed
digital
financial
asset
exchange”
means
a
29
digital
financial
asset
exchange
that
is
not
an
operator
and
30
that
has
a
license
under
section
533C.301
to
engage
in
the
31
business
of
money
transmission
in
this
state.
32
g.
“New
consumer”
means
an
individual
who
has
not
previously
33
engaged
in
a
digital
financial
asset
transaction
with
a
34
particular
operator.
An
individual
shall
continue
to
be
35
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considered
a
new
consumer
for
a
period
of
thirty
calendar
days
1
after
the
individual
makes
their
first
digital
financial
asset
2
transaction
with
a
particular
operator.
3
h.
“Operator”
means
a
person
who
owns,
operates,
or
manages
4
a
digital
financial
asset
transaction
kiosk
in
this
state.
5
i.
“Transaction
hash”
means
a
unique
identifier
made
up
of
6
a
string
of
characters
that
act
as
a
record
of,
and
proof
of,
a
7
digital
financial
asset
transaction
being
verified
and
added
to
8
a
blockchain.
9
2.
Daily
transactions.
10
a.
An
operator
shall
not,
via
a
digital
financial
asset
11
transaction
kiosk,
accept
from
a
consumer
or
dispense
to
a
12
consumer
more
than
one
thousand
dollars
per
calendar
day.
13
b.
In
the
thirty
calendar
days
following
a
new
consumer’s
14
first
financial
asset
transaction
with
a
particular
operator,
15
the
operator
shall
not,
via
a
digital
financial
asset
16
transaction
kiosk,
accept
from
the
new
consumer
or
dispense
to
17
the
new
consumer
more
than
ten
thousand
dollars.
18
3.
Maximum
charges.
An
operator
shall
not
directly
or
19
indirectly
collect
charges
related
to
a
digital
financial
asset
20
transaction
from
a
consumer
that
exceed
the
greater
of
the
21
following:
22
a.
Five
dollars.
23
b.
Fifteen
percent
of
the
United
States
currency
equivalent
24
of
the
digital
financial
assets
involved
in
the
digital
25
financial
asset
transaction
according
to
the
public
quoted
26
market
price
of
the
digital
financial
asset
on
a
licensed
27
digital
financial
asset
exchange
at
the
date
and
time
the
28
consumer
initiates
the
digital
financial
asset
transaction.
29
4.
Required
disclosure.
30
a.
Prior
to
a
digital
financial
asset
transaction,
the
31
operator
shall
provide
a
written
disclosure
to
the
consumer
in
32
English,
and
in
the
primary
language
used
by
the
operator
to
33
advertise,
solicit,
or
negotiate
with
the
consumer,
containing
34
the
terms
and
conditions
of
the
digital
financial
asset
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transaction,
including,
at
a
minimum,
all
of
the
following:
1
(1)
The
dollar
amount,
in
United
States
currency
2
equivalent,
of
the
digital
financial
asset
involved
in
the
3
transaction.
4
(2)
Any
charges
to
be
collected
by
the
operator.
5
(3)
If
an
operator
fails
to
provide
a
process
to
reverse
or
6
refund
a
digital
financial
asset
transaction,
a
warning
that
7
all
digital
financial
asset
transactions
are
final.
8
(4)
The
following
written
warning
against
fraud:
9
WARNING:
CONSUMER
FRAUD
OFTEN
STARTS
WITH
CONTACT
FROM
A
10
STRANGER
WHO
IS
INITIATING
A
DISHONEST
SCHEME.
CRIMINAL
11
ACTIVITY
MAY
APPEAR
IN
MANY
FORMS,
INCLUDING
BUT
NOT
LIMITED
12
TO
THE
FOLLOWING:
13
1.
Claims
of
a
frozen
bank
account
or
credit
card.
14
2.
Claims
of
fraudulent
financial
transactions.
15
3.
Claims
of
identity
theft
or
job
offers
in
exchange
for
16
payment.
17
4.
Requests
for
payment
to
government
agencies
or
18
companies.
19
5.
Requests
for
disaster
relief
donations
or
loans.
20
6.
Offers
to
purchase
tickets
for
lotteries,
sweepstakes,
21
or
drawings
for
vehicles.
22
7.
Prompts
to
click
on
desktop
pop-ups,
such
as
virus
23
warnings
or
communication
from
alleged
familiar
merchants.
24
8.
Communication
from
someone
impersonating
a
25
representative
of
your
bank
or
a
law
enforcement
officer.
26
IF
YOU
BELIEVE
YOU
ARE
BEING
SCAMMED,
CALL
YOUR
LOCAL
LAW
27
ENFORCEMENT.
28
WARNING:
TRANSACTIONS
CONDUCTED
ON
THIS
DIGITAL
FINANCIAL
ASSET
29
TRANSACTION
KIOSK
ARE
IRREVERSIBLE.
PROTECT
YOURSELF
FROM
30
FRAUD.
NEVER
SEND
MONEY
TO
SOMEONE
YOU
DO
NOT
KNOW.
31
b.
A
disclosure
required
under
paragraph
“a”
shall
be
32
clear
and
conspicuous
and
provided
separately
from
any
other
33
disclosures
or
information
provided
by
the
operator.
34
c.
Prior
to
entering
into
a
digital
financial
asset
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transaction
with
a
consumer,
an
operator
shall
require
the
1
consumer
to
attest
to
receiving
the
disclosure
required
under
2
paragraph
“a”
.
3
5.
Required
receipt.
For
any
digital
financial
asset
4
transaction
made
at
an
operator’s
digital
financial
asset
5
transaction
kiosk,
the
operator
shall
provide
the
consumer
with
6
a
receipt.
When
possible,
the
receipt
shall
be
a
physical
7
receipt.
The
operator
may
provide
the
receipt
in
multiple
8
communications,
if
necessary.
The
receipt
shall
include,
at
a
9
minimum,
all
of
the
following
information:
10
a.
The
name
of
the
consumer.
11
b.
The
date
and
time
of
the
digital
financial
asset
12
transaction,
the
type,
value,
and
transaction
hash
of
the
13
digital
financial
asset
transaction,
and
each
applicable
14
virtual
currency
address.
15
c.
The
legal
name
of
the
operator
and
the
operator’s
contact
16
information,
including
a
telephone
number,
that
may
be
used
17
by
the
consumer
to
get
answers
to
questions
and
to
register
18
complaints.
19
d.
The
dollar
amount
of
the
digital
financial
asset
involved
20
in
the
transaction
and
the
exchange
rate
of
the
virtual
21
currency
to
dollars.
22
e.
(1)
The
dollar
amount
of
all
charges
collected
by
23
the
operator
in
relation
to
the
digital
financial
asset
24
transaction.
25
(2)
The
legal
name
of
the
licensed
digital
financial
asset
26
exchange
the
operator
used
to
calculate
the
charges
described
27
in
subsection
1,
paragraph
“a”
,
subparagraph
(2).
28
f.
A
list
of
relevant
state
and
local
law
enforcement
and
29
regulatory
agencies
for
reporting
fraud.
30
g.
A
statement
of
the
operator’s
refund
policy.
31
h.
Any
additional
information
the
operator
deems
necessary.
32
i.
Any
additional
information
required
by
federal
law.
33
6.
Required
report.
An
operator
shall
provide
a
list
to
34
the
division
of
banking
of
the
street
address
locations
of
all
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digital
financial
asset
transaction
kiosks
that
the
operator
1
owns,
operates,
or
manages
in
this
state.
An
operator
shall
2
provide
the
division
with
updates
to
the
list
within
thirty
3
calendar
days
of
any
change
to
the
list.
The
division
shall
4
make
each
operator’s
list
available
to
the
public
via
the
5
division’s
internet
site.
6
7.
Operator
duties.
7
a.
If
an
operator
does
not
engage
in
digital
financial
8
asset
transactions,
but
facilitates
or
permits
another
person
9
to
engage
in
digital
financial
asset
transactions
via
the
10
operator’s
digital
financial
asset
transaction
kiosk,
the
11
operator
shall
do
all
of
the
following:
12
(1)
Ensure
that
the
person
engaging
in
digital
financial
13
asset
transactions
has
a
license
to
engage
in
the
business
of
14
money
transmission
under
section
533C.301.
15
(2)
Ensure
that
charges
collected
from
a
consumer
via
the
16
digital
financial
asset
transaction
kiosk
comply
with
this
17
section.
18
(3)
Ensure
that
the
person
complies
with
this
section.
19
b.
An
operator
shall
provide
live
customer
service
a
minimum
20
of
Monday
through
Friday
between
the
hours
of
8:00
a.m.
and
21
10:00
p.m.
The
customer
service
toll-free
telephone
number
22
shall
be
displayed
on
the
digital
financial
asset
transaction
23
kiosk.
24
c.
An
operator,
or
an
established
third
party
acting
on
25
behalf
of
the
operator
and
that
specializes
in
performing
26
blockchain
analytics,
shall
use
blockchain
analytics
software
27
to
assist
in
the
prevention
of
sending
a
purchased
digital
28
financial
asset
from
an
operator
to
a
virtual
currency
wallet
29
known
to
be
affiliated
with
fraudulent
activity
at
the
time
30
of
a
digital
financial
asset
transaction,
and
to
detect
31
transaction
patterns
indicative
of
fraud
or
other
illicit
32
activities.
The
superintendent
may
request
evidence
from
an
33
operator,
or
of
an
established
third
party
acting
on
behalf
34
of
the
operator
and
that
specializes
in
performing
blockchain
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analytics
of
current
use
of
blockchain
analytics
software.
1
d.
For
the
purpose
of
facilitating
law
enforcement
and
2
regulatory
agency
communications
with
the
operator
in
the
event
3
of
a
consumer
report
of
fraud,
an
operator
shall
maintain
a
4
dedicated
telephone
number
or
email
address
for
use
by
law
5
enforcement
and
regulatory
agencies.
6
8.
Refunds
——
new
consumers.
Upon
the
request
of
a
new
7
consumer,
an
operator
shall
issue
to
the
consumer
a
refund
for
8
the
full
amount
of
all
digital
financial
asset
transactions
9
that
the
consumer
made
during
the
thirty-calendar-day
period
10
that
the
consumer
was
a
new
consumer
if
all
of
the
following
11
circumstances
exist:
12
a.
The
new
consumer
was
fraudulently
induced
to
engage
in
13
the
digital
financial
asset
transaction
for
which
the
consumer
14
is
requesting
a
refund.
15
b.
The
consumer
has
contacted
the
operator
and
a
government
16
or
law
enforcement
agency
to
report
the
fraudulent
nature
of
17
the
digital
financial
asset
transaction
within
ninety
calendar
18
days
of
the
last
digital
financial
asset
transaction
to
occur
19
while
the
consumer
was
a
new
consumer.
20
c.
The
consumer
has
submitted
proof
of
the
fraud
to
the
21
operator,
including
but
not
limited
to
a
police
report
or
sworn
22
declaration
detailing
the
fraudulent
nature
of
the
digital
23
financial
asset
transaction.
24
9.
Refunds
——
existing
consumers.
Upon
the
request
of
an
25
existing
consumer,
an
operator
shall
issue
to
the
existing
26
consumer
a
refund
for
the
full
amount
of
all
digital
financial
27
asset
transactions
that
the
existing
consumer
made
if
all
of
28
the
following
circumstances
exist:
29
a.
The
existing
consumer
was
fraudulently
induced
to
engage
30
in
the
digital
financial
asset
transaction
for
which
the
31
consumer
is
requesting
a
refund.
32
b.
The
existing
consumer
has
contacted
the
operator
and
a
33
government
or
law
enforcement
agency
to
report
the
fraudulent
34
nature
of
the
digital
financial
asset
transaction
within
ninety
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calendar
days
of
the
digital
financial
asset
transaction
for
1
which
the
consumer
is
requesting
a
refund.
2
c.
The
existing
consumer
has
submitted
proof
of
the
fraud
3
to
the
operator,
including
but
not
limited
to
a
police
report
4
or
sworn
declaration
detailing
the
fraudulent
nature
of
the
5
digital
financial
asset
transaction.
6
10.
Enforcement
——
penalties.
7
a.
If
the
attorney
general
has
reasonable
belief
that
an
8
operator
is
in
violation
of
this
section,
the
attorney
general
9
has
the
sole
authority
to
bring
civil
action
to
provide
for
all
10
of
the
following:
11
(1)
Enjoin
further
violations
by
the
operator.
12
(2)
Enforce
compliance
with
this
section.
13
(3)
Civil
penalties
in
an
amount
not
more
than
ten
thousand
14
dollars
for
each
violation
of
this
section.
15
(4)
Other
remedies
permitted
under
law.
16
b.
If
the
attorney
general
has
reasonable
belief
that
a
17
person
is
in
violation
of
an
injunction
issued
under
this
18
subsection,
the
attorney
general
has
the
sole
authority
to
19
bring
civil
action
to
provide
for
civil
penalties
in
an
amount
20
not
more
than
one
hundred
thousand
dollars.
21
c.
An
individual
that
has
knowledge
of
a
violation
of
this
22
section
may
report
the
violation
to
the
attorney
general.
23
d.
The
attorney
general
shall
establish
an
electronic
24
reporting
system
for
the
submission
of
reports
pursuant
to
this
25
subsection.
26
11.
Compliance
policies.
An
operator
shall
implement,
27
maintain,
and
enforce
written
policies
and
procedures
for
28
compliance
with
this
section.
The
policies
and
procedures
29
shall
be
reviewed
and
approved
by
the
operator’s
board
of
30
directors
or
an
equivalent
governing
body
of
the
operator.
31
12.
Fraud
policy.
An
operator
shall
take
reasonable
32
steps
to
detect
and
prevent
fraud,
including
establishing
and
33
maintaining
a
written
antifraud
policy.
The
antifraud
policy
34
shall,
at
a
minimum,
include
all
of
the
following:
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a.
The
identification
and
assessment
of
fraud-related
risk
1
areas.
2
b.
Procedures
and
controls
to
protect
against
identified
3
risks.
4
c.
Allocation
of
responsibility
for
monitoring
risks.
5
d.
Procedures
for
the
periodic
evaluation
and
revision
of
6
the
antifraud
procedures,
controls,
and
monitoring
mechanisms.
7
13.
Compliance
officer.
An
operator
shall
designate
and
8
employ
a
compliance
officer
who
meets
all
of
the
following
9
requirements:
10
a.
The
individual
is
qualified
to
coordinate
and
monitor
11
compliance
with
this
section
and
all
applicable
state
and
12
federal
laws
and
rules.
13
b.
The
individual
is
a
full-time
employee
of
the
operator.
14
c.
The
individual
does
not
own
more
than
twenty
percent
of
15
the
operator
that
employs
the
individual.
16
Sec.
2.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
17
importance,
takes
effect
upon
enactment.
18
Sec.
3.
APPLICABILITY.
This
Act
applies
on
or
after
July
19
1,
2025,
to
operators.
20
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8