Enrolled Committee Substitute for HB 5353 (2026) — virtual currency kiosks; amends W. Va. Code 32A-2 (Chapter 58, Acts 2026)

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WEST VIRGINIA LEGISLATURE

    2026 REGULAR SESSION

               ENROLLED

       Committee Substitute

                      for

          House Bill 5353

  BY DELEGATES CRISS, FEHRENBACHER, AND RILEY

  [Passed March 14, 2026; in effect from passge]
     Enr CS for HB 5353

 1   AN ACT to amend and reenact §32A-2-1, §32A-2-4, §32A-2-17, and §32A-2-27 of the Code of

 2          West Virginia, 1931, as amended; and to amend the code by adding a new section,

 3          designated §32A-2-8c, relating to requirements for licensure and regulation of money

 4          transmission services; bringing virtual currency kiosks within the purview of money

 5          transmission licensure; defining terms and modifying definitions; designating a start date

 6          for licensure of virtual currency kiosk operators; setting forth disclosure requirements for

 7          licensee; imposing receipt requirements for virtual currency kiosk transactions and

 8          specifying receipt content; requiring licensee to have designated contact for law

 9          enforcement; imposing daily transaction limits; requiring cancelation and refund for

10          fraudulent virtual currency transactions under specified circumstances; providing for a

11          resolution of conflicts between state and federal law as it relates to money transmission

12          and authorizing Commissioner of Financial Institutions to provide interpretive guidance;

13          imposing requirements on licensee; and specifying that virtual currency kiosks are

14          delegates of a money transmission licensee.

     Be it enacted by the Legislature of West Virginia:

     ARTICLE 2.       CHECKS AND MONEY ORDER SALES, MONEY TRANSMISSION

            SERVICES, TRANSPORTATION, AND CURRENCY EXCHANGE.

     §32A-2-1. Definitions.

 1          (a) "Acting in concert" means persons knowingly acting together with a common goal of

 2   jointly acquiring control of a licensee whether or not pursuant to an express agreement.

 3          (b) "Average daily money transmission liability" means the amount of the licensee’s

 4   outstanding money transmission obligations in this state at the end of each day in a given period

 5   of time, added together, and divided by the total number of days in the given period of time. For

 6   purposes of calculating average daily money transmission liability, the given period of time shall

 7   be the quarters ending March 31, June 30, September 30, and December 31.

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 8           (c) "Check" means any check, traveler’s check, draft, money order, or other instrument for

 9   the transmission or payment of money whether or not the instrument is negotiable. "Check" does

10   not include a credit card voucher or a letter of credit.

11           (d) "Closed loop stored value" means stored value that is redeemable by the issuer only

12   for goods or services provided by the issuer or its affiliate or franchisees of the issuer or its affiliate,

13   except to the extent required by applicable law to be redeemable in cash for its cash value.

14           (e) "Commissioner" means the Commissioner of Financial Institutions of this state.

15           (f) "Control" means:

16           (1)(A) The power to vote, directly or indirectly, at least 25 percent of voting shares or voting

17   interests of a licensee or person in control of a licensee;

18           (B) The power to elect or appoint a majority of key individuals or executive officers,

19   managers, directors, trustees, or other persons exercising managerial authority of a person in

20   control of a licensee; or

21           (C) The power to exercise, directly or indirectly, a controlling influence over the

22   management or policies of a licensee or person in control of a licensee.

23           (2) Rebuttable presumption of control:

24           (A) A person is presumed to exercise a controlling influence when the person holds the

25   power to vote, directly or indirectly, at least 10 percent of outstanding voting shares or voting

26   interests of a licensee or person in control of a licensee.

27           (B) A person presumed to exercise a controlling influence as defined in this section can

28   rebut the presumption of control if the person is a passive investor.

29           (3) For the purposes of determining the percentage of a person controlled by any other

30   person, the person’s interest shall be aggregated with the interest of any other immediate family

31   member, including the person’s spouse, parents, children, siblings, mothers-in-law, fathers-in-

32   law, sons-in-law, daughters-in-law, brothers-in-law, sisters-in-law, and any other person who

33   shares such person’s home.

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34            (g) "Control of virtual currency," when used in reference to a transaction or relationship

35   involving virtual currency, means the power to execute unilaterally or prevent indefinitely a virtual

36   currency transaction.

37            (h) "Currency exchange" means the conversion of the currency of one government into

38   the currency of another government, but it does not include the issuance and sale of travelers

39   checks denominated in a foreign currency. Transactions involving the electronic transmission of

40   funds by licensed money transmitters which may permit, but do not require, the recipient to obtain

41   the funds in a foreign currency outside of West Virginia are not currency exchange

42   transactions: Provided, That they are not reportable as currency exchange transactions under

43   federal laws and regulations.

44            (i) "Currency exchange, transportation, transmission business" means a person who is

45   engaging in currency exchange, currency transportation, or currency transmission as a service or

46   for profit.

47            (j) "Currency transmission" or "money transmission" means, directly or through an

48   authorized delegate: (1) Engaging in the business of selling or issuing checks or the business of

49   receiving currency, the payment of money, or other value that substitutes for money by any means

50   for the purpose of transmitting, either prior to or after receipt, that currency; (2) Payment of money

51   or other value that substitutes for money by wire, facsimile, or other electronic means, or through

52   the use of a financial institution, financial intermediary, the Federal Reserve system, digital wallet,

53   including, but not limited to, a digital wallet used in connection with a consumer payment mobile

54   application, or other funds transfer network; or (3) Engaging in the business of owning or operating

55   a virtual currency kiosk. It includes the transmission of funds through the issuance and sale of

56   stored value or similar prepaid products’ cards which are intended for general acceptance and

57   used in commercial or consumer transactions. It also includes payroll processing services. It

58   does not include the provision solely of online or telecommunications services or network access.

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59          (k) "Currency transportation" means knowingly engaging in the business of physically

60   transporting currency from one location to another in a manner other than by a licensed armored

61   car service exempted under section three of this article.

62          (l) "Digital wallet" means any electronic or digital functionality that:

63          (1) Stores value or virtual currency for a customer, including, but not limited to, in

64   encrypted or tokenized form; and

65          (2) Transmits, routes, or otherwise processes such stored value or virtual currency to

66   facilitate a payment transaction.

67          (m) "Elder adult" means a person who is 60 years of age or older.

68          (n) "Exchange”, used as a verb, includes to assume control of virtual currency from or on

69   behalf of a person, at least momentarily, to sell, trade, or convert:

70          (1) Virtual currency for money, bank credit, or one or more forms of virtual currency; or

71          (2) Money or bank credit for one or more forms of virtual currency.

72          (o) "Existing customer" means a consumer who:

73          (1) Is engaging in a transaction at a virtual currency kiosk in this state; and

74          (2) Has been registered for more than 10 days as a customer of the owner of the virtual

75   currency kiosk or virtual currency kiosk operator.

76          (p) "Key individual" or "principal" means any individual ultimately responsible for

77   establishing or directing policies and procedures of the licensee, such as an executive officer,

78   manager, director, or trustee.

79          (q) "Licensee" means a person licensed by the commissioner under this article.

80          (r) "Money" or "currency" means a medium of exchange that is authorized or adopted by

81   the United States or a foreign government and includes a monetary unit of account established

82   by an intergovernmental organization or by agreement between two or more governments.

83          (s) "Money order" means any instrument for the transmission or payment of money in

84   relation to which the purchaser or remitter appoints or purports to appoint the seller thereof as his

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 85   or her agent for the receipt, transmission, or handling of money, whether the instrument is signed

 86   by the seller, the purchaser, remitter, or some other person.

 87          (t) "Money transmission kiosk" or "virtual currency kiosk" means an automated electronic

 88   machine that allows users to engage in money transmission, including any machine that is

 89   capable of accepting or dispensing cash in exchange for virtual currency. "Money transmission

 90   kiosk" or "virtual currency kiosk" does not include consumer cellular telephones and similar

 91   personal devices.

 92          (u) "MSB accredited state" means a state agency that is accredited by the Conference of

 93   State Bank Supervisors and Money Transmitter Regulators Association for money transmission

 94   licensing and supervision.

 95          (v) "Nationwide Multistate Licensing System and Registry" or "NMLS" means the system

 96   developed by the Conference of State Bank Supervisors and the American Association of

 97   Residential Mortgage Regulators and owned and operated by the State Regulatory Registry, LLC,

 98   or any successor or affiliated entity, for the licensing and registration of persons in the financial

 99   services industries.

100          (w) "New customer" means a consumer who is engaging in a virtual currency transaction

101   in this state and has been registered for 10 days or less as a customer of the owner of a virtual

102   currency kiosk or virtual currency kiosk operator.

103          (x) "Outstanding money transmission obligations" shall mean:

104          (1) Any payment instrument or stored value issued or sold by the licensee to a person

105   located in the United States or reported as sold by an authorized delegate of the licensee to a

106   person that is located in the United States that has not yet been paid or refunded by or for the

107   licensee or escheated in accordance with applicable unclaimed property laws; or

108          (2) Any money received for transmission by the licensee or an authorized delegate in the

109   United States from a person located in the United States that has not been received by the payee

110   or refunded to the sender or escheated in accordance with applicable unclaimed property laws.

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111           (3) For purposes of this subsection, "in the United States" shall include, to the extent

112   applicable, a person in any state, territory, or possession of the United States, the District of

113   Columbia, the Commonwealth of Puerto Rico, or a United States military installation that is located

114   in a foreign country.

115           (y) "Passive investor" means a person that:

116           (1) Does not have the power to elect a majority of key individuals or executive officers,

117   managers, directors, trustees, or other persons exercising managerial authority of a person in

118   control of a licensee;

119           (2) Is not employed by and does not have any managerial duties of the licensee or person

120   in control of a licensee;

121           (3) Does not have the power to exercise directly or indirectly a controlling influence over

122   the management or policies of a licensee or person in control of a licensee; and

123           (4) Either:

124           (A) Attests to subdivisions (1), (2), and (3) of this subsection in a form prescribed by the

125   commissioner or

126           (B) Commits to the passivity characteristics of subdivisions (1), (2), and (3) of this

127   subsection in a written document.

128           (z) "Payment instrument" means a written or electronic check, draft, money order,

129   traveler’s check, or other written or electronic instrument for the transmission of payment of money

130   or monetary value, whether or not negotiable, and does not include stored value or any instrument

131   that: (1) is redeemable by the issuer only for goods or services provided by the issuer or its affiliate

132   or franchisees of the issuer or its affiliate, except to the extent required by applicable law to be

133   redeemable in cash for its cash value, or (2) not sold to the public but issued and distributed as

134   part of a loyalty, rewards, or promotional program.

135           (aa) "Payroll processing services" means receiving money for transmission pursuant to a

136   contract with a person to deliver wages or salaries, making payment of payroll taxes to state and

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137   federal agencies, making payments relating to employee benefit plans, or making distributions of

138   other authorized deductions from wages and salaries: Provided, That it does not include an

139   employer performing payroll processing services on its own behalf or on behalf of an affiliate or a

140   professional employment organization subject to regulation under other applicable state law.

141             (bb) "Person" means any individual, partnership, association, joint stock association,

142   limited liability company, trust, or corporation.

143             (cc) "Stored value" means monetary value representing a claim against the issuer

144   evidenced by an electronic or digital record and that is intended and accepted for use as a means

145   of redemption for money or monetary value, or payment for goods or services. The term includes,

146   but is not limited to, "prepaid access" as defined by 31 C.F.R. § 1010.100, as amended or

147   recodified from time to time. Notwithstanding the foregoing, the term "stored value" does not

148   include a payment instrument, closed loop stored value, or stored value not sold to the public but

149   issued and distributed as part of a loyalty, rewards, or promotional program.

150             (dd) "Tangible net worth" means the aggregate assets of a licensee excluding all intangible

151   assets, less liabilities, as determined in accordance with United States generally accepted

152   accounting principles.

153             (ee) "Transfer" includes to assume control of virtual currency from or on behalf of a person

154   and to:

155             (1) Credit the virtual currency to the account of another person;

156             (2) Move the virtual currency from one account of a person to another account of the same

157   person; or

158             (3) Relinquish control of virtual currency to another person.

159             (ff) "U.S. Dollar equivalent of virtual currency" means the equivalent value of a particular

160   virtual currency in United States dollars shown on a virtual currency exchange based in the United

161   States for a particular date or period specified in this article.

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162          (gg) "Virtual currency" means a digital representation of value that is used as a medium

163   of exchange, unit of account, or store of value and is not money, whether or not denominated in

164   money. Virtual currency does not include:

165          (1) A transaction in which a merchant grants, as part of an affinity or rewards program,

166   value that cannot be taken from or exchanged with the merchant for money, bank credit, or virtual

167   currency; or

168          (2) A digital representation of value issued by or on behalf of a publisher and used solely

169   within an online game, game platform, or family of games sold by the same publisher or offered

170   on the same game platform.

171          (hh) "Virtual currency administration" means issuing virtual currency with the authority to

172   redeem the currency for money, bank credit, or other virtual currency.

173          (ii) "Virtual currency business activity" means:

174          (1) Exchanging, transferring, or storing virtual currency or engaging in virtual currency

175   administration, whether directly or through an agreement with a virtual currency control-services

176   vendor;

177          (2) Holding electronic precious metals or electronic certificates representing interests in

178   precious metals on behalf of another person or issuing shares or electronic certificates

179   representing interests in precious metals; or

180          (3) Exchanging one or more digital representations of value used within one or more online

181   games, game platforms, or family of games for:

182          (A) Virtual currency offered by or on behalf of the same publisher from which the original

183   digital representation of value was received;

184          (B) Money or bank credit outside the online game, game platform, or family of games

185   offered by or on behalf of the same publisher from which the original digital representation of value

186   was received.

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187           (jj) "Virtual currency control-services vendor" means a person that has control of virtual

188   currency solely under an agreement with a person that, on behalf of another person, assumes

189   control of virtual currency.

190           (kk) "Virtual currency kiosk operator" means a person who engages in virtual currency

191   business activity through a money transmission kiosk located in this state or a person that owns,

192   operates, solicits, markets, advertises, manages, or facilitates a money transmission kiosk located

193   in this state through which virtual currency business activity is offered.

194           (ll) "Virtual currency storage" means:

195           (1) Maintaining possession, custody, or control over virtual currency on behalf of another

196   person, including as a virtual currency control-services vendor;

197           (2) Issuing, transferring, or otherwise granting or providing to any person in this state any

198   claim or right or any physical, digital, or electronic instrument, receipt, certificate, or record

199   representing any claim or right to receive, redeem, withdraw, transfer, exchange, or control any

200   virtual currency; or

201           (3) Receiving possession, custody, or control over virtual currency from a person in this

202   state in return for a promise or obligation to return, repay, exchange, or transfer such virtual

203   currency or a like amount of such virtual currency.

204           (mm) "Virtual currency wallet" means a software application or other mechanism providing

205   a means for holding, storing, and transferring virtual currency.

      §32A-2-4. License application, issuance, and renewal.

  1           (a) An applicant for a license shall submit an application to the commissioner on a form

  2   prescribed by the commissioner. The commissioner may direct an applicant to file a license

  3   application through the Nationwide Multistate Licensing System and Registry operated by the

  4   State Regulatory Registry, LLC.

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 5           (b) Each application shall be accompanied by a nonrefundable application fee and a

 6   license fee. If the application is approved, the application fee is the license fee for the first year of

 7   licensure.

 8           (c) The commissioner shall issue a license if the commissioner finds that the applicant

 9   meets the requirements of this article and the rules adopted under this article. The commissioner

10   shall approve or deny every application for an original license within 120 days from the date a

11   complete application is submitted, unless the commissioner extends the period for good cause.

12   All licenses issued under this article expire on December 31 of the year issued, unless sooner

13   suspended or revoked, and are subject to renewal for the following year.

14           (d) The licensee at each office it owns and operates in West Virginia shall prominently

15   display, or maintain available for inspection, a copy of the license authorizing the conduct of a

16   currency exchange business if the location offers and provides such services. Where the currency

17   exchange business is conducted through a licensee’s authorized delegates in this state, each

18   authorized delegate location offering such services shall maintain available for inspection proof

19   of their appointment by the licensee to conduct such business.

20           (e) As a condition for renewal of a license, the licensee must submit to the commissioner

21   an application for renewal on a form prescribed by the commissioner and an annual license

22   renewal fee. The commissioner may direct an applicant to file a license renewal application

23   through the Nationwide Multistate Licensing System and Registry operated by the State

24   Regulatory Registry, LLC.

25           (f) A license issued under this article may not be transferred or assigned.

26           (g) An applicant for a license who is not located in this state shall file an irrevocable

27   consent, duly acknowledged, that suits and actions may be commenced against the applicant in

28   the courts of this state by service of process upon a person located within the state designated to

29   accept service, or by service upon the Secretary of State, as well as by service as set forth in this

30   chapter.

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31          (h) The commissioner is authorized to participate in the multistate supervisory process,

32   including any multistate investigatory, examination, and licensing process, established between

33   states and coordinated through the Conference of State Bank Supervisors, Money Transmitter

34   Regulators Association, and affiliates and successors thereof, for all licensees that hold licenses

35   in this state and other states.

36          (i) A virtual currency kiosk operator doing business in West Virginia prior to the effective

37   date of the amendments to this article made during the regular session of the Legislature, 2026,

38   shall make application through NMLS for licensure within 90 days of the effective date of this

39   section. Applicants must provide a list of delegate locations within NMLS at the time of application

40   and include the appropriate fee.

     §32A-2-8c. Virtual Currency Kiosk Requirements.

 1          (a) A licensee, in establishing a relationship with a user and before entering into an initial

 2   virtual currency transaction on behalf of or with the user, shall disclose in clear, conspicuous, and

 3   legible writing all material risks associated with virtual currency generally. The material risks

 4   associated with virtual currency required to be disclosed include without limitation:

 5          (1) A disclosure that is acknowledged by the customer, provided separately from the

 6   disclosures provided under subdivisions (2) and (7) of this subsection, and written prominently

 7   and in bold type stating the following: "WARNING: LOSSES DUE TO FRAUDULENT OR

 8   ACCIDENTAL TRANSACTIONS MAY NOT BE RECOVERABLE AND TRANSACTIONS IN

 9   VIRTUAL CURRENCY MAY BE IRREVERSIBLE.";

10          (2) Virtual currency is not backed or insured by the government, and accounts and value

11   balances are not subject to protections of the Federal Deposit Insurance Corporation, National

12   Credit Union Administration, or Securities Investor Protection Corporation;

13          (3) A virtual currency transaction may be deemed to be made when recorded on a public

14   ledger which may not be the date or time when the customer initiates the virtual currency

15   transaction;

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16          (4) The value of virtual currency may be derived from the continued willingness of market

17   participants to exchange fiat currency for virtual currency which may result in the permanent and

18   total loss of the value of a particular virtual currency if the market for that virtual currency

19   disappears;

20          (5) The volatility and unpredictability of the price of virtual currency relative to fiat currency

21   may result in a significant loss over a short period of time;

22          (6) A bond maintained by the licensee for the benefit of the customers of the licensee may

23   not be sufficient to cover all losses incurred by customers; and

24          (7) Virtual currency transactions may be irreversible and may be used by a person seeking

25   to defraud customers, including, but not limited to, a person impersonating a customer’s family or

26   friends, threatening jail time, stating that a customer’s identity has been stolen, insisting that a

27   customer withdraw money from the customer’s bank account and purchase virtual currency, or

28   alleging that a customer’s personal computer has been hacked.

29          (b) A licensee, when opening an account for a new customer and before entering into an

30   initial virtual currency transaction for, on behalf of, or with the customer, shall disclose in clear,

31   conspicuous, and legible writing, using not less than 24 point sans-serif-type font, all relevant

32   terms and conditions associated with the products, services, and activities of the licensee and

33   virtual currency generally. The disclosure shall include without limitation:

34          (1) The customer’s liability for unauthorized virtual currency transactions;

35          (2) The customer’s right to stop execution of a preauthorized virtual currency transfer and

36   the procedure used to stop execution of the transaction;

37          (3) The circumstances under which the licensee, absent a court or government order, will

38   disclose information concerning the customer’s account to third parties;

39          (4) The requirement that the licensee communicate to the customer what customer

40   information may be disclosed to third parties;

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41           (5) The customer’s right to receive a receipt for a virtual currency transaction at the time

42   of the transaction;

43           (6) Upon a change in the rules or policies of the owner or operator, the customer’s right to

44   consent to the changed rules or policies before performing a transaction after the change; and

45           (7) Any other disclosures that are customarily provided in connection with opening a

46   person’s account.

47           (c) A licensee, before each transaction in virtual currency for, on behalf of, or with a

48   customer, shall disclose to the customer in an easily readable manner that is in clear,

49   conspicuous, and legible writing to advertise, solicit, or negotiate, either orally or in writing, for a

50   transaction conducted in person, electronically, or by phone, using not less than 24 point sans-

51   serif-type font, the terms and conditions of the virtual currency transaction. The terms and

52   conditions shall include without limitation:

53           (1) The amount of the transaction;

54           (2) Any fees, expenses, and charges borne by the customer, including without limitation,

55   applicable exchange rates;

56           (3) The type and nature of the virtual currency transaction;

57           (4) A warning that, once executed, the virtual currency transaction may not be undone, if

58   applicable;

59           (5) A daily virtual currency transaction limit according to subsection (g) of this section;

60           (6) The difference in the sale price of the virtual currency versus the current market price;

61   and

62           (7) Any other disclosures that are customarily given in connection with a virtual currency

63   transaction.

64           (d) A licensee shall ensure that each customer acknowledges receipt of all disclosures

65   required under this section.

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66           (e) A licensee, upon the completion of a virtual currency transaction, shall provide to the

67   customer a written, paper receipt. The receipt shall be provided in a retainable form and may be

68   provided electronically if the customer requests and agrees to receive an electronic receipt. The

69   receipt shall include without limitation:

70           (1) The name and contact information for the licensee, including without limitation, the

71   licensee’s business address and a customer service telephone number established by the

72   licensee to answer questions and register complaints;

73           (2) The name of the customer;

74           (3) The type, value, date, and precise time of the virtual currency transaction, transaction

75   hash or identification number, and each virtual currency wallet address;

76           (4) The amount of the virtual currency transaction expressed in United States currency;

77           (5) The public virtual currency wallet address of the customer;

78           (6) The unique identifier of the virtual currency kiosk operator;

79           (7) A fee charged, including without limitation, a fee charged directly or indirectly by the

80   licensee or a third party involved in the virtual currency transaction;

81           (8) The exchange rate, if applicable;

82           (9) Any tax collected by the licensee for the virtual currency transaction;

83           (10) A statement of the liability of the licensee for non-delivery or delayed delivery;

84           (11) A statement of the refund policy of the licensee;

85           (12) The name and telephone number of the Division of Financial Institutions and a

86   statement disclosing that the licensee’s customers may contact the division with questions or

87   complaints about the licensee’s virtual currency kiosk services; and

88           (13) Any additional information the commissioner may require.

89           (f) The following shall be the maximum daily virtual currency kiosk transaction limits:

90           (1) One thousand dollars for each new customer of a virtual currency kiosk; and

91           (2) Ten thousand dollars for each existing customer of a virtual currency kiosk.

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 92          (g) The licensee shall allow a new customer, upon the request of the customer, to cancel

 93   and receive a full refund for any fraudulent virtual currency transactions that occurred not later

 94   than 10 days after the new customer registered as a customer of the licensee if, not later than 30

 95   days after the last virtual currency transaction that occurred during the 10-day period, the

 96   customer:

 97          (1) Contacts the licensee and a government or law enforcement agency to inform them of

 98   the fraudulent nature of the virtual currency transaction; and

 99          (2) Files a report with a government or law enforcement agency memorializing the

100   fraudulent nature of the virtual currency transaction.

101          (h) Each licensee shall:

102          (1) Obtain a copy of a government-issued identification card that identifies each customer

103   of the owner of the virtual currency kiosk or the virtual currency kiosk operator;

104          (2) Maintain restrictions that prevent more than one customer of the licensee from using

105   the same virtual currency wallet;

106          (3) Be able to prevent designated virtual currency wallets from being used at a virtual

107   currency kiosk owned or operated by the licensee;

108          (4) Use an established third party that specializes in performing blockchain analyses to

109   preemptively perform the analyses to identify and prevent high risk or sanctioned virtual currency

110   wallets from being used by customers at virtual currency kiosks owned or operated by the

111   licensee;

112          (5) Define, in the licensee’s policies and procedures, a risk-based method of monitoring

113   customers of the owner of the virtual currency kiosk or the virtual currency kiosk operator on a

114   post-transaction basis;

115          (6) Offer, during the hours of operation of the virtual currency kiosks owned or operated

116   by the licensee, live customer support by telephone from a toll-free telephone number prominently

117   displayed at or on the virtual currency kiosks;

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118          (7) Designate a contact person available to communicate with law enforcement regarding

119   investigations involving transactions conducted through a kiosk operated by the operator

120          (8) Establish an enhanced due diligence protections policy and provide enhanced due

121   diligence protections which shall include documentation of risk-based, pre-transaction procedures

122   designed to identify and mitigate fraud, scams, or financial exploitation, including establishing the

123   nature and purpose of the transaction, evaluating transaction and behavioral risk indicators, and

124   placing a temporary transaction hold of up to 72 hours where elevated risk is identified. The

125   licensee’s approval of the transaction shall be dependent upon the licensee’s assessment of the

126   enhanced due diligence protections;

127          (9) Designate and employ a chief compliance officer who shall:

128          (A) Be qualified to coordinate and monitor a compliance program to ensure compliance

129   with this section and all other applicable federal laws and regulations and state laws and rules;

130   and

131          (B) Own not more than 20 percent of the licensee that employs the chief compliance

132   officer; and

133          (10) Use full-time employees to fulfill the licensee’s compliance responsibilities under

134   federal laws and regulations and state laws and rules.

      §32A-2-17. Cooperative agreements; inconsistencies with federal law.

  1          (a) The commissioner shall cooperate with federal and state agencies in discharging the

  2   commissioner's responsibilities under this article. The commissioner may:

  3          (1) Arrange for the exchange of information among government officials concerning the

  4   regulation of a currency exchange, transportation, or transmission business;

  5          (2) Cooperate in and coordinate training programs concerning the regulation of currency

  6   exchange, transportation, or transmission businesses; and

  7          (3) Assist state and federal agencies in their enforcement and investigatory activities and

  8   supply those agencies with documentation and information.

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 9              (b) The commissioner may request the assistance of the State Police in enforcing this

10   article.

11              (c) In the event state money transmission jurisdiction is conditioned on a federal law, any

12   inconsistencies between any provision of this article and the federal law governing money

13   transmission shall be governed by the applicable federal law to the extent of the inconsistency.

14              (d) In the event of any inconsistencies between this article and a federal law that governs

15   pursuant to subsection (c) of this section, the commissioner may provide interpretive guidance

16   that:

17              (1) Identifies the inconsistency; and

18              (2) Identifies the appropriate means of compliance with federal law.

     §32A-2-27. Authorized delegates.

 1              (a) A licensee may conduct the business of money transmission and currency exchange

 2   regulated by this article at one or more locations through authorized delegates designated by the

 3   licensee to conduct business on its behalf, including the physical locations of money transmission

 4   kiosks and virtual currency kiosks.

 5              (b) A licensee may not knowingly authorize a person to act as its delegate who has, within

 6   the previous 10 years, a disqualifying criminal conviction of the type set forth in §32A-2-8(c)(2) of

 7   this code.

 8              (c) A licensee shall enter into a contract with its authorized delegate detailing the nature

 9   and scope of the relationship between the licensee and the authorized delegate. The contract

10   shall require that the authorized delegate operate in full compliance with the laws of this state and

11   of the United States. The licensee shall, upon request, provide the commissioner with the sample

12   written contract.

13              (d) The financial responsibility of a licensee for the actions of its authorized delegate shall

14   not exceed the amount of funds received by the authorized delegate on behalf of its licensee for

15   the business regulated under this article.

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16           (e) An authorized delegate has an affirmative duty not to: (i) Commit fraud or

17   misrepresentation; or (ii) submit fraudulent statements to the licensee. A licensee shall promptly

18   report to the commissioner and to any other appropriate state or federal official when it has

19   probable cause to believe that an authorized delegate has violated the affirmative duty set forth

20   in this subsection.

21           (f) The licensee shall require the authorized delegate to hold in trust for the licensee from

22   the moment of receipt of the proceeds of any business transacted under this article in an amount

23   equal to the amount of proceeds due the licensee less the amount due the authorized delegate.

24   The funds shall remain the property of the licensee whether or not commingled by the authorized

25   delegate with its own funds. In the event that the license is revoked by the commissioner, all

26   proceeds held in trust by the authorized delegate of that licensee are considered to be assigned

27   to the commissioner. If an authorized delegate fails to remit funds to the licensee in accordance

28   with the time specified in the contract with the licensee, the licensee may bring a civil action

29   against the authorized delegate for three times the actual damages. The commissioner may by

30   rule set a maximum remittance time for authorized delegates.

31           (g) An authorized delegate shall report to the licensee the theft or loss of payment

32   instruments within 24 hours from the time the authorized delegate knew or should have known of

33   the theft or loss.

34           (h) Upon any suspension or revocation of a license, the failure of a licensee to renew a

35   license, or the denial of the renewal of a license, the licensee shall notify its authorized delegates

36   of the event and demand that they immediately cease operations as authorized delegates.

37           (i) A licensee shall report the removal of an authorized delegate location, or the termination

38   of operations of an authorized delegate location, including money transmission kiosks and virtual

39   currency kiosks, to the commissioner on a quarterly basis, and shall in the report list any new

40   authorized delegate locations, including money transmission kiosks and virtual currency kiosks,

41   in this state.

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42          (j) No authorized delegate shall act outside its scope of authority as defined under this

43   article and by its contract with the licensee to act on behalf of the licensee with regard to any

44   transaction regulated by this article.

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          The Clerk of the House of Delegates and the Clerk of the Senate hereby
      certify that the foregoing bill is correctly enrolled.

      ...............................................................
           Clerk of the House of Delegates

                          ...............................................................
                                          Clerk of the Senate

      Originated in the House of Delegates.

      In effect from passage.

                                         ...............................................................
                                            Speaker of the House of Delegates

                                                                ...............................................................
                                                                            President of the Senate

                                                            __________

           The within is ................................................ this the...........................................

      Day of ..........................................................................................................., 2026.

                                                                          .............................................................
                                                                                                    Governor

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