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Kentucky General Assembly· SB 189signed by Governor (Acts Ch. 126)

An act relating to the regulation of digital asset business., the official text

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UNOFFICIAL COPY                                                 26 RS SB 189/EN

1   AN ACT relating to the regulation of digital asset business.

2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:

3   SECTION 1. SUBTITLE 13 OF KRS CHAPTER 286 IS ESTABLISHED,

4 AND A NEW SECTION THEREOF IS CREATED TO READ AS FOLLOWS:

5 As used in this subtitle, unless the context requires otherwise:

6 (1) "Affiliate" means a person that, either directly or indirectly through one (1) or

7   more intermediaries, controls, is controlled by, or is under common control with

8   another person;

9 (2) "Agent":

10  (a) Means a person authorized by written agreement and designated by a

11  virtual currency kiosk operator to engage in virtual currency kiosk business

12  in this state on behalf of the operator;

13  (b) Includes, as the context requires, a person that an applicant proposes to

14  engage in virtual currency kiosk business in this state as an agent on behalf

15  of the applicant; and

16  (c) Does not include an employee of a virtual currency kiosk operator or

17  applicant;

18 (3) "Control" means one (1) or more of the following:

19  (a) The power to direct the management, operations, or policies of a person,

20  which power may be:

21  1. Direct or indirect; and

22  2. Obtained:

23              a. Through legal or beneficial ownership of voting power in the

24                   person; or

25              b. Under a contract, arrangement, or understanding;

26  (b) The power to vote, directly or indirectly, at least twenty-five percent (25%) of

27  the outstanding voting shares or voting interests of a person or a person in

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1   control of the person;

2   (c) The power to elect or appoint a majority of a person's executive officers,

3   managers, directors, trustees, or other persons exercising managerial

4   authority of a person or a person in control of the person;

5   (d) The power to exercise, directly or indirectly, a controlling influence over the

6   management or policies of a person or a person in control of the person;

7   and

8   (e) Any other set of facts or circumstances, as determined by the commissioner

9   through promulgation of an administrative regulation in accordance with

10  KRS Chapter 13A, that constitutes control;

11 (4) "Director" means any of the following:

12  (a) A member of a corporation's board of directors;

13  (b) A manager of a limited liability company;

14  (c) A partner of a partnership; or

15  (d) A member of any other entity's governing body;

16 (5) "Executive officer" means:

17  (a) A president, chairperson of the executive committee, responsible individual,

18  or chief financial officer; or

19  (b) Any other natural person who performs similar functions for an applicant,

20  licensee, or agent;

21 (6) "Fiat currency" means a government-issued currency that is:

22  (a) Backed by the government's authority; and

23  (b) Not backed by a physical commodity;

24 (7) "Key shareholder" means any person, or group of persons acting in concert, that

25  is the owner of twenty percent (20%) or more of any voting class of the stock of

26  an applicant, licensee, or agent;

27 (8) "Legal tender":

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1   (a) Means a medium of exchange or unit of value, including the coin or paper

2   money of the United States, that is:

3   1. Issued by:

4   a. The United States; or

5   b. Another government; or

6   2. Recognized by the Commonwealth of Kentucky, as permitted under

7   Article 1, Section 10, of the Constitution of the United States; and

8   (b) Does not include any medium of exchange or unit of value authorized,

9   recognized, or adopted by a foreign government if the medium of exchange

10  or unit of value was a virtual currency before the government authorized,

11  recognized, or adopted the medium of exchange or unit of value;

12 (9) "License" means a license issued by the commissioner under this subtitle;

13 (10) "Licensee" means a person issued a license;

14 (11) "Material litigation":

15  (a) Means litigation that according to generally accepted accounting principles:

16  1. Is significant to the financial health of an applicant, licensee, or

17  agent; and

18  2. Would be required to be disclosed in the applicant's, licensee's, or

19  agent's annual audited financial statements, report to shareholders, or

20  similar records; and

21  (b) Includes any adjudication against an applicant, licensee, or agent by a

22  federal or state administrative or regulatory agency relating to a violation of

23  the Bank Secrecy Act, 31 U.S.C. secs. 5311 to 5332 and 31 C.F.R. pt. 103,

24  regardless of whether liability or fault has been admitted;

25 (12) "Responsible individual":

26  (a) Means a natural person who:

27  1. Is employed by a virtual currency kiosk operator; and

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1   2. Has principal managerial authority over the virtual currency kiosk

2   operator's virtual currency kiosk business in this state; and

3   (b) Includes, as the context requires, a natural person who:

4   1. Is employed by an applicant; and

5   2. The applicant proposes to have principal managerial authority over its

6   virtual currency kiosk business in this state;

7 (13) "Virtual currency":

8   (a) Except as provided in paragraph (b) of this subsection, means a digital

9   representation of value that is:

10  1. Used as a:

11  a. Medium of exchange;

12  b. Unit of account; or

13  c. Store of value; and

14  2. Not legal tender, whether or not denominated in legal tender; and

15  (b) Does not include:

16  1. A transaction in which a merchant grants, as part of an affinity or

17  rewards program, value that cannot be taken from or exchanged with

18  a merchant for legal tender, bank credit, or virtual currency; or

19  2. A digital representation of value:

20  a. Issued by or on behalf of a publisher; and

21  b. Used solely within an online game, game platform, or family of

22                   games:

23                   i. Sold by the same publisher; or

24                   ii. Offered on the same game platform;

25 (14) (a) "Virtual currency kiosk" means a physical electronic terminal acting as a

26  mechanical agent of a virtual currency kiosk operator to enable the

27  operator to facilitate the exchange of one (1) or more of the following:

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1   1. Fiat currency for virtual currency;

2   2. Virtual currency for fiat currency; and

3   3. Virtual currency for other virtual currency.

4   (b) As used in this subsection, "facilitate" includes:

5   1. Connecting directly to a separate virtual currency exchanger that

6   performs the exchange; and

7   2. Drawing upon the virtual currency or fiat currency in the possession

8   or control of the virtual currency kiosk operator to perform the

9   exchange;

10 (15) "Virtual currency kiosk charges" means all of the following:

11  (a) Fees and expenses charged to a virtual currency kiosk user; and

12  (b) The difference between the market price of virtual currency and the price of

13  the virtual currency charged to a virtual currency kiosk user;

14 (16) "Virtual currency kiosk operator" or "operator" means a person, including a

15  licensee, that engages in virtual currency kiosk business in this state;

16 (17) "Virtual currency kiosk transaction" means any transaction:

17  (a) Conducted or performed by electronic means via a virtual currency kiosk

18  located in this state; or

19  (b) Made at a virtual currency kiosk located in this state to purchase, sell,

20  transfer, or otherwise exchange virtual currency; and

21 (18) "Virtual currency kiosk user" or "user" means a person, other than a virtual

22  currency kiosk operator, that initiates, authorizes, completes, or engages in a

23  virtual currency kiosk transaction.

24  SECTION 2. A NEW SECTION OF SUBTITLE 13 OF KRS CHAPTER 286

25 IS CREATED TO READ AS FOLLOWS:

26 This subtitle shall not apply to:

27 (1) The United States or any department, agency, or instrumentality thereof;

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1 (2) A state or any agency, department, or political subdivision of a state;

2 (3) A state-chartered or federally chartered bank, savings bank, savings and loan

3   association, trust company, or credit union;

4 (4) A bank holding company, as defined in 12 U.S.C. sec. 1841, as amended;

5 (5) A subsidiary, affiliate, or service corporation of a person referenced in subsection

6   (3) or (4) of this section;

7 (6) An office of an international banking corporation;

8 (7) A branch of a foreign bank;

9 (8) A bank service company, as defined in 12 U.S.C. sec. 1861, as amended;

10 (9) A corporation organized under the Edge Act, 12 U.S.C. sec. 611, et seq., as

11  amended; or

12 (10) A service provider that:

13  (a) Pursuant to a written agreement, acts on behalf of an entity referenced in

14  subsection (3), (4), (5), (6), (7), (8), or (9) of this section; and

15  (b) Allows the state or federal regulators with regulatory jurisdiction over the

16  entity on whose behalf the service provider is acting to examine and inspect

17  the service provider's applicable records, books, and transactions.

18  SECTION 3. A NEW SECTION OF SUBTITLE 13 OF KRS CHAPTER 286

19 IS CREATED TO READ AS FOLLOWS:

20 (1) (a) The commissioner:

21  1. Shall enforce the provisions of this subtitle; and

22  2. Subject to paragraph (b) of this subsection, may promulgate

23  administrative regulations in accordance with KRS Chapter 13A that

24  the commissioner determines are necessary to effectuate, or aid in the

25  effectuation of, this subtitle.

26  (b) The discretion to promulgate administrative regulations under paragraph

27  (a)2. of this subsection shall be supplemental to any other provisions of this

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1   subtitle relating to the promulgation of administrative regulations.

2 (2) (a) The commissioner may, by order, require licensees to file with the

3   commissioner any:

4   1. Special report that the commissioner determines is necessary for the

5   proper supervision of virtual currency kiosk business under this

6   subtitle; and

7   2. Regular report that is:

8   a. Developed as a uniform report by state regulators; and

9   b. Submitted in accordance with Section 5 of this Act.

10  (b) All reports filed under this subtitle shall contain a certification by an

11  executive officer or director of the licensee that attests to the truth and

12  correctness of the report.

13 (3) The commissioner may invoke the aid of the courts through injunction or other

14  proper process to:

15  (a) Enjoin any existing or threatened violation of this subtitle; or

16  (b) Enforce any proper order or action issued or taken by the commissioner.

17 (4) (a) The remedies and penalties set forth in this subtitle shall be cumulative.

18  (b) This subtitle shall not be construed to limit or restrict the powers, duties,

19  remedies, or penalties available to the commissioner or any other person

20  under any other statutory or common law.

21  SECTION 4. A NEW SECTION OF SUBTITLE 13 OF KRS CHAPTER 286

22 IS CREATED TO READ AS FOLLOWS:

23 (1) (a) A person shall not engage in virtual currency kiosk business in this state

24  without:

25  1. A license; and

26  2. First obtaining, for each:

27  a. Agent, the written approval of the commissioner to designate the

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1                        agent to engage in virtual currency kiosk business in this state

2                        on behalf of the person; and

3        b. Location at which the person, or an agent of the person, engages

4                        in virtual currency kiosk business in this state:

5                        i. Any license, permit, registration, or other authorization

6                        required for the person, agent, or location under any

7                        applicable local ordinance, resolution, or regulation; and

8                        ii. The written approval of the commissioner to do business at

9                        the location, as provided in Section 8 of this Act.

10  (b) Except as provided in paragraph (c) of this subsection, a person shall be

11  deemed to be engaged in virtual currency kiosk business in this state if the

12  person:

13  1. Owns, operates, solicits, markets, or advertises a virtual currency kiosk

14       located in this state; or

15  2. Engages in, or holds out as being able to engage in, a virtual currency

16       kiosk transaction with or on behalf of any virtual currency kiosk user.

17  (c) A person shall not be deemed to be engaged in virtual currency kiosk

18  business in this state solely because the person leases space to, or otherwise

19  contracts for or allows, a virtual currency kiosk operator to locate a virtual

20  currency kiosk at a store or locale in this state.

21 (2) A license shall:

22  (a) Be valid unless it is:

23  1. Revoked or suspended by the commissioner;

24  2. Surrendered by the licensee; or

25  3. Expired;

26  (b) Except as provided in Section 12 of this Act, not be transferred or assigned;

27  and

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1   (c) Expire on December 31 of the year in which it is issued, unless renewed or

2   reinstated in accordance with Section 11 of this Act.

3   SECTION 5. A NEW SECTION OF SUBTITLE 13 OF KRS CHAPTER 286

4 IS CREATED TO READ AS FOLLOWS:

5 (1) As used in this section, "registry" means the State Regulatory Registry, LLC, or

6   its successor organization.

7 (2) When an application, report, or approval request is required to be filed with the

8   commissioner under this subtitle, the commissioner may require that the filing,

9   including any applicable fees and supporting documentation, be submitted to:

10  (a) The registry or its successor organization;

11  (b) The registry's parent, affiliate, or operating subsidiary; or

12  (c) Other agencies or authorities as part of a nationwide licensing system;

13  which may act as an agent for receiving, requesting, and distributing information

14  to and from any source directed by the commissioner.

15 (3) The commissioner:

16  (a) May report violations of this subtitle, enforcement actions, and other

17  relevant information that the commissioner deems necessary to carry out

18  the purpose of this section to the registry or its affiliated entities; and

19  (b) Shall establish a process whereby licensees may challenge information

20  entered into the registry by the commissioner.

21 (4) The commissioner shall annually request:

22  (a) Audited financial reports, including inquiring as to the budget and fees

23  collected, both proposed and actual, from the registry; and

24  (b) Any nonconfidential protocols or reports for the security and safeguarding

25  of personal information maintained by the registry, including inquiring as

26  to:

27  1. Whether the system has implemented and complied with the data

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1   security guidelines set forth in the Gramm-Leach-Bliley Act, 15 U.S.C.

2   sec. 6801;

3   2. The results of any nonconfidential periodic data protection audits that

4   the system may conduct; and

5   3. Whether any security breaches have occurred resulting in the

6   substantial likelihood that personal information may be misused or

7   stolen.

8 (5) The commissioner may establish relationships and contracts with other

9   governmental agencies or entities affiliated with the registry that the

10  commissioner deems necessary to carry out this section.

11 (6) For purposes of this section, the commissioner may use other governmental

12  agencies or the registry or its affiliated entities as an agent for requesting

13  information from, and distributing information to, the United States Department

14  of Justice or other governmental agencies.

15  SECTION 6. A NEW SECTION OF SUBTITLE 13 OF KRS CHAPTER 286

16 IS CREATED TO READ AS FOLLOWS:

17 (1) (a) A person seeking to become a licensee shall file a complete application for a

18  license with the commissioner.

19  (b) An application for a license shall not be complete unless it:

20  1. Is made in writing, under oath or affirmation;

21  2. Is in the format required by the commissioner;

22  3. Contains, and is accompanied by, the information, documentation,

23  and evidence required under Section 7 of this Act;

24  4. Contains an attestation that the applicant is in, and will maintain,

25  compliance with Section 10 of this Act;

26  5. Is accompanied by evidence that the requirements of Section 9 of this

27  Act have been satisfied; and

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1   6. Is accompanied by a nonrefundable application fee that is determined

2   by the commissioner in accordance with Section 13 of this Act.

3 (2) Within ninety (90) days after receipt of a complete application for a license,

4   which period may be extended by the commissioner for good cause, the

5   commissioner shall:

6   (a) Review the application and all attachments for compliance with the

7   requirements of this subtitle;

8   (b) Investigate the following of the applicant, including for each person in

9   control of the applicant and each responsible individual:

10  1. Competence;

11  2. Experience;

12  3. Character;

13  4. Financial condition; and

14  5. Responsibility; and

15  (c) Subject to Section 24 of this Act and subsection (4) of this section, issue:

16  1. An unconditional license to the applicant to engage in virtual

17  currency kiosk business at one (1) or more locations in this state;

18  2. A notice of intent to issue a conditional license to the applicant to

19  engage in virtual currency kiosk business at one (1) or more locations

20  in this state; or

21  3. A notice of intent to deny the applicant's application for a license.

22 (3) As part of the review and investigation of an application under subsection (2) of

23  this section, the commissioner may, in his or her discretion, investigate an

24  applicant's business premises.

25 (4) (a) The commissioner shall issue an unconditional license to an applicant to

26  engage in virtual currency kiosk business at one (1) or more locations in

27  this state if the commissioner determines that the applicant:

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1   1. Is in compliance with the requirements of this subtitle;

2   2. Has reasonably demonstrated that it has the competence, experience,

3   character, financial condition, and responsibility to continue to satisfy

4   the requirements of this subtitle; and

5   3. Has satisfied the requirements of subsection (3)(a)1. and 2. of Section

6   8 of this Act for at least one (1) location in this state.

7   (b) 1. The commissioner may issue a notice of intent to issue a conditional

8   license to an applicant to engage in virtual currency kiosk business at

9   one (1) or more locations in this state if the commissioner determines

10  that the conditions, including any additional bond amount specified by

11  the commissioner under Section 9 of this Act, are necessary for the

12  applicant to satisfy the requirements of paragraph (a)1., 2., and 3. of

13  this subsection.

14  2. A notice of intent issued under subparagraph 1. of this paragraph

15  shall specify the additional conditions that are required for the

16  applicant to obtain and maintain a license.

17  3. The commissioner may issue a conditional license to an applicant to

18  engage in virtual currency kiosk business at one (1) or more locations

19  in this state if the applicant files with the commissioner a written

20  acceptance of the conditions specified in the notice issued under

21  subparagraph 1. of this paragraph to the applicant within thirty (30)

22  days after service of the notice.

23  4. If the department does not receive an applicant's written acceptance of

24  the conditions specified in the notice issued under subparagraph 1. of

25  this paragraph to the applicant within thirty (30) days after service of

26  the notice, the commissioner shall issue a notice of intent to deny the

27  applicant's application for a license.

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1   (c) 1. Except as provided in paragraph (b) of this subsection, the

2   commissioner shall issue a notice of intent to deny an applicant's

3   application for a license if the commissioner determines that:

4   a. Denial of the license is warranted under Section 25 of this Act;

5                    or

6   b. The requirements of paragraph (a)1., 2., and 3. of this subsection

7                    are not satisfied.

8   2. A notice of intent to deny an applicant's application for a license shall

9   specify the reasons for the determination.

10  SECTION 7. A NEW SECTION OF SUBTITLE 13 OF KRS CHAPTER 286

11 IS CREATED TO READ AS FOLLOWS:

12 An application filed under Section 6 of this Act shall provide all of the following

13 information, documentation, and evidence unless the commissioner, for good cause,

14 waives any requirement of this section with respect to a license application:

15 (1) The following for the applicant, each executive officer, director, key shareholder,

16  and person in control of the applicant, and each responsible individual and

17  agent, as applicable:

18  (a) Legal name;

19  (b) Any former names used, including former fictitious or trade names;

20  (c) Any fictitious or trade names used;

21  (d) Business addresses;

22  (e) Residential addresses;

23  (f) Social Security number;

24  (g) Employment history for the ten (10) year period preceding the application

25  filing; and

26  (h) A description of the activities conducted by the person and a history of

27  operations, including a description of any money or virtual currency

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1   services, money transmission, or virtual currency kiosk business that has

2   been previously conducted in this state;

3 (2) The physical address of each proposed virtual currency kiosk in this state;

4 (3) A copy of any agreement between the applicant and each responsible individual

5   and agent;

6 (4) A list of each license or other authorization the applicant holds to conduct money

7   or virtual currency services, money transmission, or virtual currency kiosk

8   business in any state, federal, or foreign jurisdiction and the date each license or

9   authorization expires;

10 (5) A list of all regulatory revocations, suspensions, restrictions, and other

11  disciplinary actions in any state, federal, or foreign jurisdiction, including all

12  rejected applications, taken against any of the following:

13  (a) The applicant;

14  (b) A responsible individual; or

15  (c) An agent;

16 (6) (a) A list and description of all criminal convictions, deferred prosecution

17  agreements, and pending criminal proceedings, other than traffic violations,

18  in any jurisdiction for the ten (10) year period preceding the filing of the

19  application against any of the following:

20  1. The applicant;

21  2. A responsible individual;

22  3. An agent;

23  4. An executive officer of the applicant; or

24  5. A key shareholder of the applicant.

25  (b) The commissioner may request a copy of any criminal conviction, which

26  shall be promptly provided within ten (10) working days of the request;

27 (7) (a) A list and description of all material litigation for the ten (10) year period

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1   preceding the filing of the application against any of the following:

2   1. The applicant;

3   2. A responsible individual;

4   3. An agent;

5   4. An executive officer of the applicant; or

6   5. A key shareholder of the applicant.

7   (b) The commissioner may request a copy of any material litigation, which

8   shall be promptly provided within ten (10) working days of the request;

9 (8) A list of all bankruptcy and receivership proceedings in any jurisdiction for the

10  past ten (10) years in which any of the following was a debtor:

11  (a) The applicant;

12  (b) A responsible individual;

13  (c) An agent;

14  (d) A person in control of the applicant; or

15  (e) A person over which the applicant has control;

16 (9) The name, business address, and telephone number of each financial institution

17  in which the applicant and its agents plan to deposit or clear funds obtained by or

18  through its virtual currency kiosk business in this state;

19 (10) A description of the source of funds and credit to be used by the applicant and its

20  agents to conduct virtual currency kiosk business in this state;

21 (11) A sample contract for an agent;

22 (12) A copy of the written procedures that will be provided by the applicant or licensee

23  to its responsible individuals and agents;

24 (13) The physical address and email address to which communications from the

25  department may be sent;

26 (14) The name, physical address, email address, and telephone number of the

27  applicant's registered agent for service of process in this state;

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1 (15) The name, business address, email address, and telephone number of the

2   applicant's chief compliance officer for virtual currency kiosk business

3   conducted in this state;

4 (16) With respect to the applicant's virtual currency kiosk business in this state, a copy

5   of the certificate of coverage for each liability, casualty, business interruption,

6   and cybersecurity insurance policy maintained by the applicant for any of the

7   following:

8   (a) Itself;

9   (b) A responsible individual;

10  (c) An agent;

11  (d) An affiliate of the applicant;

12  (e) A person in control of the applicant; or

13  (f) A person over which the applicant has control;

14 (17) If applicable:

15  (a) The date on which, and the state where, the applicant is formed;

16  (b) A copy of any current certificate of good standing issued by the state where

17  the applicant is formed;

18  (c) A copy of the applicant's filed articles of incorporation;

19  (d) Evidence that the applicant is registered or qualified to do business in this

20  state;

21  (e) The name, business address, and telephone number of each affiliate of the

22  applicant;

23  (f) A description of the control relationship between the applicant and each

24  affiliate of the applicant; and

25  (g) A description of the corporate or business structure of the applicant,

26  including:

27  1. The identity of any parent and subsidiary of the applicant; and

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1   2. Disclosure of whether any parent or subsidiary of the applicant is

2              publicly traded on any stock exchange;

3 (18) A copy of the following for the most recent fiscal year and, if available, for the

4   two (2) year period preceding filing of the application:

5   (a) The applicant's audited annual financial statements; or

6   (b) If the applicant is a wholly owned subsidiary of another corporation:

7   1. The audited consolidated annual financial statement of the parent

8              corporation; or

9   2. The applicant's audited consolidated annual financial statements;

10 (19) A copy of the applicant's unconsolidated financial statements, whether audited or

11  not, for:

12  (a) The current fiscal year; and

13  (b) If available, for the two (2) year period preceding the filing of the

14  application;

15 (20) If the applicant is publicly traded in the United States, a copy of the most recent

16  report filed by the person pursuant to 15 U.S.C. sec. 78m, as amended;

17 (21) If a person in control of the applicant is publicly traded in the United States, a

18  copy of the:

19  (a) Audited financial statements of the person for the most recent fiscal year; or

20  (b) Most recent report filed by the person pursuant to 15 U.S.C. sec. 78m, as

21  amended;

22 (22) If a person in control of the applicant is publicly traded outside the United States,

23  a copy of the most recent documentation filed by the person with a relevant

24  foreign regulator in the person's domicile that is similar to that required in

25  subsection (20) of this section;

26 (23) If the applicant or its agents are required to register with the Financial Crimes

27  Enforcement Network of the United States Department of the Treasury as a

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1   money service business, evidence of the registration;

2 (24) Any substituted information, documentation, or evidence the commissioner, for

3   good cause, permits for any license application in lieu of the information,

4   documentation, or evidence required by this section; and

5 (25) Any other information, documentation, or evidence the commissioner reasonably

6   requires to determine whether an applicant satisfies the requirements of this

7   subtitle.

8   SECTION 8. A NEW SECTION OF SUBTITLE 13 OF KRS CHAPTER 286

9 IS CREATED TO READ AS FOLLOWS:

10 (1) (a) An applicant or licensee seeking to engage in virtual currency kiosk

11  business at one (1) or more locations in this state, either directly or through

12  an agent, shall file a complete application for approval of the location or

13  locations with the commissioner.

14  (b) An applicant or licensee seeking to designate one (1) or more agents to

15  engage in virtual currency kiosk business on behalf of the applicant or

16  licensee in this state shall file a complete application for approval of the

17  agent or agents with the commissioner.

18 (2) (a) Subject to paragraph (b) of this subsection, an application for approval to

19  engage in virtual currency kiosk business at one (1) or more locations, or

20  through one (1) or more agents, in this state shall not be complete unless it:

21  1. Is made in writing, under oath or affirmation;

22  2. Is in a format required by the commissioner;

23  3. Contains, and is accompanied by, the information, documentation,

24             and evidence required or permitted under Section 7 of this Act that the

25             commissioner determines is necessary and appropriate for the purpose

26             of making the determination under subsection (3) of this section; and

27  4. Is accompanied by a nonrefundable fee for each location and agent

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1   that is determined by the commissioner in accordance with Section 13

2   of this Act, except the commissioner may waive the nonrefundable fee

3   for any application that is made at the same time as a license

4   application under Section 6 of this Act.

5   (b) When an applicant seeks approval to engage in virtual currency kiosk

6   business at one (1) or more locations, or through one (1) or more agents, in

7   this state at the same time as filing a license application under Section 6 of

8   this Act, the commissioner may:

9   1. Accept the license application as the complete application required

10  under this section; or

11  2. Require the applicant to submit additional information to the

12  commissioner as part of the license application for each location,

13  agent, or location and agent.

14 (3) Upon receipt of a complete application in accordance with subsection (2) of this

15  section, and subject to Section 24 of this Act, the commissioner shall do one (1) of

16  the following for each proposed location and agent:

17  (a) The commissioner shall issue an unconditional approval to the applicant or

18  licensee to engage in virtual currency kiosk business at the location, or

19  through the agent, in this state if, after investigation, the commissioner

20  determines that:

21  1. The applicant or licensee will conduct business at the location, or

22  through the agent, in a lawful and proper manner; and

23  2. The interest of the public will not be jeopardized by the applicant or

24  licensee conducting business at the location or through the agent;

25  (b) 1. The commissioner may issue a notice of intent to issue a conditional

26  approval to the applicant or licensee to engage in virtual currency

27  kiosk business at the location, or through the agent, in this state if the

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1   commissioner, after investigation, determines that the conditions,

2   including any additional bond amount specified by the commissioner

3   under Section 9 of this Act, are necessary for the applicant or licensee

4   to satisfy the requirements of paragraph (a)1. and 2. of this

5   subsection.

6   2. A notice of intent issued under subparagraph 1. of this paragraph

7   shall specify the additional conditions that are required for the

8   applicant or licensee to engage in the proposed activity.

9   3. The commissioner may issue a conditional approval to an applicant or

10  licensee to engage in virtual currency kiosk business at the location,

11  or through the agent, in this state if the applicant or licensee files a

12  written acceptance of the conditions specified in the notice issued

13  under subparagraph 1. of this paragraph to the applicant or licensee

14  within thirty (30) days after service of the notice.

15  4. If the department does not receive an applicant's or a licensee's

16  written acceptance of the conditions specified in the notice issued

17  under subparagraph 1. of this paragraph to the applicant or licensee

18  within thirty (30) days after service of the notice, the commissioner

19  shall issue a notice of intent to deny the applicant's or licensee's

20  application for approval to engage in the proposed activity; or

21  (c) 1. Except as provided in paragraph (b) of this subsection, the

22  commissioner shall issue a notice of intent to deny the applicant's or

23  licensee's application to engage in virtual currency kiosk business at

24  the location, or through the agent, in this state if, after investigation,

25  the commissioner determines that:

26  a. For a proposed agent, denial is warranted under Section 25 of

27                   this Act; or

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1   b. The requirements of paragraph (a)1. and 2. of this subsection

2                    are not satisfied.

3   2. A notice of intent to deny an applicant's or licensee's application to

4   engage in virtual currency kiosk business at a location, or through an

5   agent, shall specify the reasons for the determination.

6   SECTION 9. A NEW SECTION OF SUBTITLE 13 OF KRS CHAPTER 286

7 IS CREATED TO READ AS FOLLOWS:

8 (1) As used in this section:

9   (a) "Bond" means:

10  1. A surety bond; or

11  2. Another similar security acceptable to the commissioner;

12  (b) "Net worth" means assets less liabilities as determined by generally

13  accepted accounting principles; and

14  (c) "Person" includes any applicant and licensee.

15 (2) (a) Except as otherwise provided in paragraph (b) of this subsection, an

16  applicant shall submit with its license application, and a licensee shall at all

17  times maintain, a bond in an amount that is not less than five hundred

18  thousand dollars ($500,000).

19  (b) The commissioner may require an applicant to submit before a license is

20  issued, and a licensee to maintain at all times, a bond in an amount in

21  excess of five hundred thousand dollars ($500,000) but not exceeding five

22  million dollars ($5,000,000) if the commissioner determines the additional

23  amount is necessary to cover the nature and extent of risks associated with

24  the virtual currency kiosk business activity in this state of the:

25  1. Applicant and its proposed agents; or

26  2. The licensee and its agents.

27  (c) An applicant or a licensee that is required to increase its bond under

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1   paragraph (b) of this subsection shall submit to the commissioner evidence

2   that it has secured the additional bond amount not later than thirty (30)

3   days after the applicant or licensee is notified by the commissioner in

4   writing of the required increase.

5 (3) (a) The bond required under this section shall:

6   1. Be in a form satisfactory to the commissioner;

7   2. Hold and bind the principal and surety to the Commonwealth of

8   Kentucky for the benefit of any claimants against the person and its

9   agents to secure the faithful performance of the obligations of the

10  person and its agents in accordance with the requirements of this

11  subtitle, including the payment of unpaid fee amounts and civil

12  monetary penalties due to the department under this subtitle;

13  3. Except as provided in paragraph (e) of this subsection, cover claims

14  brought by a claimant for as long as the commissioner specifies, but

15  not less than five (5) years after the later of the following:

16  a. The date of any violation of this subtitle by the person or its

17                   agents; or

18  b. The date the person ceases to do business in this state;

19  4. Be continuous and remain in effect until canceled;

20  5. Require the person and surety to provide the commissioner at least

21  thirty (30) days written notice of an intent to cancel the bond; and

22  6. Provide that cancellation of the bond shall not affect any liability

23  incurred or accrued under the bond during the thirty (30) day notice

24  period required under subparagraph 5. of this paragraph.

25  (b) The aggregate liability on a bond shall not exceed the principal sum of the

26  bond.

27  (c) A claimant may maintain a civil action on a bond.

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1   (d) The commissioner may maintain a civil action on a bond on behalf of the

2   department or any other claimant in the Franklin Circuit Court or in any

3   other court of competent jurisdiction, either in one (1) action or successive

4   actions.

5   (e) The commissioner may permit the amount of a bond to be reduced or

6   eliminated after a person ceases to do business in this state to the extent the

7   amount of a person's and its agents' outstanding obligations in this state are

8   reduced.

9 (4) In addition to the bond required under this section, an applicant shall submit

10  with its license application, and a licensee shall at all times maintain, evidence of

11  a net worth that is not less than five hundred thousand dollars ($500,000).

12 (5) The commissioner may promulgate an administrative regulation in accordance

13  with KRS Chapter 13A or issue an order to:

14  (a) Exercise his or her discretion under this section; or

15  (b) Otherwise carry out the requirements of this section.

16  SECTION 10. A NEW SECTION OF SUBTITLE 13 OF KRS CHAPTER 286

17 IS CREATED TO READ AS FOLLOWS:

18 Every applicant and licensee shall, at the time of filing a license application and at all

19 times during the consideration of the application and licensure:

20 (1) Be in good standing in its state of incorporation or formation;

21 (2) Be registered or qualified to do business in this state;

22 (3) Maintain a registered agent for service of process in this state; and

23 (4) (a) File a written report with the commissioner within fifteen (15) business days

24  of knowledge of any of the following events:

25  1. A material change in the information provided in:

26  a. A license application;

27  b. An application for approval to engage in virtual currency kiosk

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1                    business at one (1) or more locations, or through one (1) or more

2                    agents, in this state; or

3   c. Any report filed under this subtitle;

4   2. A failure to satisfy the requirements of Section 9 of this Act;

5   3. Insolvency, the filing for bankruptcy, reorganization, dissolution, or

6   receivership under the United States bankruptcy code or any other

7   law, or the making of a general assignment for the benefit of creditors

8   by:

9   a. The applicant or licensee;

10  b. A responsible individual;

11  c. An agent;

12  d. An executive officer of the applicant or licensee; or

13  e. A director of the applicant or licensee;

14  4. The filing of any material litigation against the applicant or licensee

15  by any state, federal, or foreign governmental authority; or

16  5. The applicant or licensee, a responsible individual or agent, or an

17  executive officer or director of the applicant, the licensee, or an agent

18  has been:

19  a. Indicted for or convicted of any felony; or

20  b. Convicted of a misdemeanor involving fraud, theft, breach of

21                   trust, or virtual currency kiosk business in this state.

22  (b) The report required under paragraph (a) of this subsection shall describe

23  the event and its expected impact on:

24  1. The applicant's proposed activities in this state; or

25  2. The licensee's activities in this state.

26  SECTION 11. A NEW SECTION OF SUBTITLE 13 OF KRS CHAPTER 286

27 IS CREATED TO READ AS FOLLOWS:

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1 (1) As used in this section, "United States dollar equivalent of virtual currency"

2   means the equivalent value of virtual currency in United States dollars shown on

3   a virtual currency exchange based in the United States for a particular date or

4   period.

5 (2) On or before December 31 of each year, each licensee shall:

6   (a) Pay a nonrefundable annual renewal fee to the department that is

7   determined by the commissioner in accordance with Section 13 of this Act;

8   and

9   (b) File the licensee's annual renewal report with the commissioner in

10  accordance with subsection (5) of this section.

11 (3) The failure of a licensee to comply with subsection (2) of this section shall result

12  in the expiration of the licensee's license by operation of law on January 1 of the

13  following year.

14 (4) (a) The commissioner may reinstate an expired license if, before February 1 of

15  the calendar year in which the license expired, the licensee:

16  1. Pays the annual renewal fee and files the annual renewal report

17           required under subsection (2) of this section; and

18  2. Pays a civil penalty to the department that is equal to the amount of

19           the annual renewal fee determined by the commissioner in accordance

20           with Section 13 of this Act.

21  (b) Any reinstatement of a license under paragraph (a) of this subsection shall

22  be retroactive to January 1 of the calendar year in which the license

23  expired.

24 (5) Except as provided in subsection (6) of this section, each licensee shall file an

25  annual renewal report with the commissioner that contains all of the following:

26  (a) A copy of:

27  1. The licensee's most recent audited annual financial statement; or

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1   2. If the licensee is a wholly owned subsidiary of another corporation,

2   the:

3   a. Most recent audited consolidated annual financial statement of

4                    the parent corporation; or

5   b. Licensee's most recent audited consolidated annual financial

6                    statements;

7   (b) A description of the following, if the information has not been previously

8   reported to the commissioner on any other report filed under this subtitle:

9   1. Any material changes to any of the information submitted by the

10  licensee on its original application; and

11  2. Any data security breach involving the licensee;

12  (c) A list of the licensee's permissible investments under Section 16 of this Act;

13  (d) A certification from the licensee that the licensee continues to maintain

14  permissible investments in accordance with Section 16 of this Act;

15  (e) A list of each location where the licensee, or an agent of the licensee,

16  conducts virtual currency kiosk business in this state;

17  (f) For January 1 to December 31 of the preceding calendar year and January

18  1 to September 30 of the current year:

19  1. The number of virtual currency kiosk transactions at each location in

20  this state where the licensee, or an agent of the licensee, conducts

21  virtual currency kiosk business;

22  2. The United States dollar amount of virtual currency kiosk transactions

23  at each location in this state where the licensee, or an agent of the

24  licensee, conducts virtual currency kiosk business; and

25  3. The total number and dollar amount of refund requests received by

26  the licensee, or an agent of the licensee, from virtual currency kiosk

27  users that were:

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1             a. Granted by the licensee or agent; and

2             b. Denied by the licensee or agent;

3   (g) As of December 31 of the preceding calendar year and September 30 of the

4   current year:

5   1. The amount of United States dollar equivalent of virtual currency in

6             the possession or control of the licensee or an agent of the licensee;

7   2. The number of virtual currency kiosk users for whom the licensee, or

8             an agent of the licensee, had possession or control of virtual currency;

9             and

10  3. The amount of United States dollar equivalent of virtual currency in

11            the possession or control of the licensee, or an agent of the licensee,

12            on behalf of virtual currency kiosk users;

13  (h) Evidence that the licensee continues to satisfy the requirements of Section 9

14  of this Act;

15  (i) The name, business address, email address, and telephone number of the

16  licensee's chief compliance officer for virtual currency kiosk business

17  conducted in this state; and

18  (j) Any other information the commissioner determines is necessary to aid in

19  the enforcement of this subtitle.

20 (6) A licensee that was not licensed in Kentucky at any time between January 1 and

21  October 31 of a calendar year shall not be required to file an annual renewal

22  report for the following year.

23  SECTION 12. A NEW SECTION OF SUBTITLE 13 OF KRS CHAPTER 286

24 IS CREATED TO READ AS FOLLOWS:

25 (1) A person shall not take any action that results in a change of control of a licensee

26  without:

27  (a) Providing the notice required under subsection (2) of this section; and

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1   (b) Obtaining the prior written approval of the commissioner in accordance

2   with subsection (3) of this section, except this paragraph shall not apply to:

3   1. A person that acts as a proxy for the sole purpose of voting at a

4   designated meeting of the security holders or holders of voting

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

6   2. A person that acquires control of a licensee by devise or descent;

7   3. A person that acquires control as a personal representative, custodian,

8   guardian, conservator, or trustee, or as an officer appointed by a court

9   of competent jurisdiction or by operation of law;

10  4. A public offering of securities under the laws of the United States; or

11  5. a. Any other person or circumstance that the commissioner

12                   determines is exempted from compliance with this paragraph in

13                   an administrative regulation promulgated in accordance with

14                   KRS Chapter 13A.

15  b. The commissioner may promulgate an administrative regulation

16                   to exempt a person or circumstance from compliance with this

17                   paragraph if the commissioner determines that the exemption is

18                   necessary to serve the public interest.

19 (2) (a) A licensee shall file a complete notice of a:

20  1. Change of control of the licensee under subsection (1)(b)1. to 5. of this

21  section with the commissioner within fifteen (15) days of learning of

22  the change of control; and

23  2. Proposed change of control of the licensee, other than a change of

24  control under subsection (1)(b)1. to 5. of this section, with the

25  commissioner:

26  a. Within fifteen (15) days of learning of the proposed change of

27                   control; and

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1   b. At least thirty (30) days prior to the proposed change of control.

2   (b) A notice of a change of control, or a proposed change of control, of a

3   licensee shall not be complete unless it:

4   1. Is made in writing, under oath or affirmation;

5   2. Is in a format required by the commissioner; and

6   3. Contains the information that the commissioner determines is

7   necessary to provide reasonable notice of the licensee's change of

8   control or proposed change of control.

9 (3) (a) Except as provided in subsection (1) of this section, a person seeking to

10  acquire control of a licensee shall file a complete application for approval of

11  the change of control with the commissioner at least thirty (30) days prior to

12  the proposed change of control.

13  (b) An application for approval of a change of control shall not be complete

14  unless it:

15  1. Is made in writing, under oath or affirmation;

16  2. Is in the format required by the commissioner;

17  3. Contains, and is accompanied by, any or all of the information,

18  documentation, and evidence required or permitted for an applicant

19  under Section 7 of this Act that the commissioner determines is

20  necessary and appropriate for the purpose of making the

21  determination under paragraph (c) of this subsection; and

22  4. Is accompanied by a nonrefundable investigation fee of one hundred

23  dollars ($100).

24  (c) Upon receipt of a complete application for approval of a change of control

25  and subject to Section 24 of this Act, the commissioner shall:

26  1. Approve the application if the commissioner determines that the

27  person satisfies the requirements of this subtitle for obtaining a

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1   license; or

2   2. a. Issue a notice of intent to deny the application if the

3                    commissioner determines that the person does not satisfy the

4                    requirements of this subtitle for obtaining a license.

5   b. A notice of intent to deny an application for approval of a

6                    change of control shall specify the requirements of this subtitle

7                    that the person does not satisfy.

8 (4) (a) The commissioner may determine whether any set of facts or a proposed

9   transaction constitutes, or would constitute, control for purposes of this

10  section.

11  (b) Any of the following may make a request to the commissioner for a

12  determination under paragraph (a) of this subsection:

13  1. A licensee; or

14  2. A person that seeks to enter a proposed transaction with a licensee.

15 (5) (a) A licensee shall file a complete notice of the termination or resignation of a

16  responsible individual or agent with the commissioner within fifteen (15)

17  days of the termination or resignation.

18  (b) A notice of termination or resignation of a licensee's responsible individual

19  or agent shall not be complete unless it:

20  1. Is made in writing, under oath or affirmation;

21  2. Is in a format required by the commissioner; and

22  3. Contains the information that the commissioner determines is

23  necessary to provide reasonable notice of the licensee's change in

24  responsible individual or agent.

25 (6) (a) A licensee shall obtain the prior written approval of the commissioner in

26  accordance with this subsection prior to adding or replacing a responsible

27  individual.

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1   (b) A licensee shall file a complete application for approval of the addition or

2   replacement of a responsible individual with the commissioner.

3   (c) An application for approval of the addition or replacement of a responsible

4   individual shall not be complete unless it:

5   1. Is made in writing, under oath or affirmation;

6   2. Is in the format required by the commissioner; and

7   3. Contains, and is accompanied by, any or all of the information,

8   documentation, and evidence required or permitted under Section 7 of

9   this Act that the commissioner determines is necessary and

10  appropriate for the purpose of making the determination under

11  paragraph (d) of this subsection.

12  (d) Upon receipt of a complete application for approval of the addition or

13  replacement of a responsible individual and subject to Section 24 of this

14  Act, the commissioner shall:

15  1. Approve the application if the commissioner determines that the

16  licensee will continue to satisfy the requirements of this subtitle for

17  maintaining a license after the addition or replacement; or

18  2. a. Issue a notice of intent to deny the application if the

19                   commissioner determines that the addition or replacement will

20                   cause the licensee to no longer satisfy the requirements of this

21                   subtitle for maintaining a license.

22  b. A notice of intent to deny an application for approval of the

23                   addition or replacement of a responsible individual shall specify

24                   the requirements of this subtitle that the licensee will not satisfy

25                   if the addition or replacement is made.

26  SECTION 13. A NEW SECTION OF SUBTITLE 13 OF KRS CHAPTER 286

27 IS CREATED TO READ AS FOLLOWS:

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1 (1) Subject to subsection (2) of this section, the commissioner shall promulgate

2   administrative regulations in accordance with KRS Chapter 13A to establish:

3   (a) The format of, and manner of submission for, applications, notices, and

4   reports required under this subtitle;

5   (b) The nonrefundable application fees required under Sections 6 and 8 of this

6   Act;

7   (c) The nonrefundable annual renewal fee required under Section 11 of this

8   Act;

9   (d) Any additional information, documentation, or evidence that the

10  commissioner may require under Section 7 of this Act; and

11  (e) The information, documentation, and evidence that shall be contained in or

12  accompany an application or notice filed under Section 8 or 12 of this Act.

13 (2) (a) The nonrefundable fees required under Sections 6, 8, and 11 of this Act

14  shall be determined based on a reasonable estimation of the amount

15  required to cover the reasonable costs to the department to:

16  1. Review, investigate, and process the relevant applications and reports;

17        and

18  2. Enforce the requirements of this subtitle.

19  (b) The determination made under paragraph (a) of this subsection shall take

20  into account any other costs, fees, and expenses that are otherwise payable

21  to the commissioner under this subtitle.

22  SECTION 14. A NEW SECTION OF SUBTITLE 13 OF KRS CHAPTER 286

23 IS CREATED TO READ AS FOLLOWS:

24 (1) Virtual currency kiosk operators desiring to engage in virtual currency kiosk

25  business through agents shall authorize each agent to operate pursuant to an

26  express written contract, which shall include the following provisions:

27  (a) That the operator designates the person as its agent with authority to

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1   engage in virtual currency kiosk business on behalf of the operator as

2   authorized under this subtitle;

3   (b) That the agent shall operate in full compliance with this subtitle,

4   administrative regulations promulgated under this subtitle, and any order

5   issued by the commissioner pursuant to this subtitle;

6   (c) That both the operator and the agent shall not authorize subagents;

7   (d) That the agent shall timely remit all legal tender and virtual currency

8   legally due to the operator in accordance with the terms of the written

9   contract between the operator and the agent;

10  (e) That the operator and agent are subject to regulation by the commissioner;

11  and

12  (f) That the operator and agent shall comply with all applicable federal and

13  state laws.

14 (2) An agent shall not make any fraudulent statements or misrepresentations to:

15  (a) The virtual currency kiosk operator; or

16  (b) The commissioner, including any person acting under the commissioner's

17  authority.

18 (3) All virtual currency kiosk business conducted by agents shall be strictly

19  conducted in accordance with the virtual currency kiosk operator's written

20  procedures provided to the agent.

21 (4) (a) An agent shall timely remit all legal tender and virtual currency legally due

22  to the virtual currency kiosk operator in accordance with the terms of the

23  written contract between the licensee and the agent.

24  (b) The commissioner shall have the discretion to set, by administrative

25  regulation or order, the maximum remittance time.

26 (5) An agent shall act only as authorized under the written contract with the virtual

27  currency kiosk operator.

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1 (6) (a) All funds, less fees, received by an agent of a virtual currency kiosk

2   operator from virtual currency kiosk business shall, from the time the funds

3   are received by the agent until such time when the funds or an equivalent

4   amount are remitted by the agent to the operator, constitute trust funds

5   owned by and belonging to the operator.

6   (b) If an agent commingles any of these funds with any other funds or property

7   owned or controlled by the agent, then all commingled proceeds and other

8   property shall be impressed with a trust in favor of the virtual currency

9   kiosk operator in an amount equal to the amount of the proceeds due the

10  operator.

11 (7) An agent shall report to the virtual currency kiosk operator the theft, forgery, or

12  loss of the operator's or a virtual currency kiosk user's funds within twenty-four

13  (24) hours from the time the agent learned of the theft, forgery, or loss.

14  SECTION 15. A NEW SECTION OF SUBTITLE 13 OF KRS CHAPTER 286

15 IS CREATED TO READ AS FOLLOWS:

16 (1) Each virtual currency kiosk operator and its agents shall:

17  (a) Maintain the books, accounts, and records of its virtual currency kiosk

18  business activities in this state that are required under subsection (2) of this

19  section; and

20  (b) Keep the books, accounts, and records referenced in paragraph (a) of this

21  subsection for:

22  1. A period of time determined by the commissioner in an administrative

23  regulation promulgated in accordance with KRS Chapter 13A; or

24  2. For a period that is longer than the period referenced in subparagraph

25  1. of this paragraph if required by:

26  a. Other state or federal law; or

27  b. The commissioner to resolve any examination, investigation, or

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1                    claim.

2 (2) The following books, accounts, and records shall be maintained:

3   (a) For each virtual currency kiosk transaction:

4   1. The amount, date, and precise time of the transaction;

5   2. Any payment instructions for the transaction;

6   3. The total amount of virtual currency kiosk charges received by and

7   paid to the virtual currency kiosk operator or agent, including any

8   virtual currency kiosk charges received on behalf of the operator or

9   agent;

10  4. The exchange rate of the virtual currency to the United States dollar;

11  and

12  5. The names, account numbers, and physical addresses of the parties to

13  the transaction;

14  (b) A general ledger containing all assets, liabilities, ownership equity, income,

15  and expense accounts;

16  (c) Bank statements and bank reconciliation records;

17  (d) Any receipts, statements, and valuations provided to virtual currency kiosk

18  users and account holders;

19  (e) Records or minutes of meetings of the board of directors or an equivalent

20  governing body of the virtual currency kiosk operator or agent;

21  (f) Records demonstrating compliance with applicable state and federal anti-

22  money laundering laws, including virtual currency kiosk user and account

23  holder identification and verification documents, records linking virtual

24  currency kiosk users and account holders to their respective accounts and

25  balances, and a record of any compliance breaches;

26  (g) Communications and documentation related to:

27  1. Investigations of virtual currency kiosk user and account holder

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1             complaints; and

2   2. Transaction error resolutions;

3   (h) The policies required under Section 18 of this Act; and

4   (i) Any other books, accounts, or records that are required by the

5   commissioner in an administrative regulation promulgated in accordance

6   with KRS Chapter 13A for determining whether a virtual currency kiosk

7   operator or agent is in compliance with this subtitle, including whether an

8   operator or agent is in compliance with any administrative regulation

9   promulgated, or order issued, under this subtitle.

10 (3) The books, accounts, and records that are required to be maintained under this

11  section:

12  (a) May be maintained in any electronic format consistent with the virtual

13  currency kiosk operator's or agent's ordinary business practices unless the

14  operator or agent receives specific written instructions from the

15  commissioner to the contrary;

16  (b) Shall be maintained separate and apart from any other business in which

17  the virtual currency kiosk operator or agent is involved;

18  (c) Shall be kept at the virtual currency kiosk operator's or agent's principal

19  office or an office located in this state unless otherwise permitted in writing

20  by the commissioner; and

21  (d) Shall be made available for review or examination at a nonresidential

22  location approved by the commissioner.

23 (4) Books, accounts, or records of any person described in this section may be

24  maintained at a location outside of this state so long as they are made accessible

25  to the commissioner upon seven (7) business days' written notice.

26  SECTION 16. A NEW SECTION OF SUBTITLE 13 OF KRS CHAPTER 286

27 IS CREATED TO READ AS FOLLOWS:

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1 (1) Every virtual currency kiosk operator shall, at all times, maintain permissible

2   investments that:

3   (a) Have a market value that is computed in accordance with generally

4   accepted accounting principles; and

5   (b) Are not less than the aggregate amount of all of the operator's and its

6   agents' outstanding virtual currency kiosk transactions.

7 (2) Except to the extent otherwise limited in subsection (3) of this section, the

8   investments permitted under KRS 286.11-015 are permissible for a virtual

9   currency kiosk operator.

10 (3) The commissioner may:

11  (a) Limit the extent to which a type of investment within a class of permissible

12  investments may be considered a permissible investment, except for money,

13  time deposits, savings deposits, demand deposits, and certificates of deposit

14  issued by a federally insured financial institution; and

15  (b) By administrative regulation or order allow other types of investments that

16  the commissioner determines to be substantially equivalent to other

17  permissible investments in regards to safety and soundness.

18 (4) Permissible investments, even if commingled with other assets of the virtual

19  currency kiosk operator, shall be deemed by operation of law to be held in trust

20  for the benefit of the purchasers and holders of the operator's outstanding virtual

21  currency kiosk transactions in the event of the operator's insolvency or

22  bankruptcy.

23  SECTION 17. A NEW SECTION OF SUBTITLE 13 OF KRS CHAPTER 286

24 IS CREATED TO READ AS FOLLOWS:

25 (1) As used in this section:

26  (a) "New virtual currency kiosk user":

27  1. Means a virtual currency kiosk user:

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1   a. On the day of the user's first virtual currency kiosk transaction

2                    with the virtual currency kiosk operator; and

3   b. For twenty-nine (29) calendar days thereafter; and

4   2. Does not include a virtual currency kiosk user on any day that the

5   user enters a virtual currency kiosk transaction with the virtual

6   currency kiosk operator following twenty-nine (29) calendar days after

7   the user's first virtual currency kiosk transaction with the operator;

8   (b) "Virtual currency kiosk operator" includes an agent of the virtual currency

9   kiosk operator;

10  (c) "Virtual currency wallet" means a software application or other

11  mechanism providing a means to hold the keys necessary to access and

12  transfer virtual currency; and

13  (d) "Virtual currency wallet address" means an alphanumeric identifier

14  associated with a virtual currency wallet that identifies the location to which

15  a virtual currency transaction can be sent.

16 (2) A virtual currency kiosk operator shall:

17  (a) Have maximum virtual currency kiosk transaction limits that do not exceed:

18  1. Two thousand dollars ($2,000), or the equivalent in virtual currency,

19  per day for all virtual currency kiosk transactions entered with a

20  virtual currency kiosk user; and

21  2. Ten thousand five hundred dollars ($10,500), or the equivalent in

22  virtual currency, for all virtual currency kiosk transactions entered

23  with a new virtual currency kiosk user;

24  (b) Either:

25  1. Wait seventy-two (72) hours before processing a virtual currency kiosk

26  transaction for a new virtual currency kiosk user; or

27  2. At the operator's cost, allow a new virtual currency kiosk user to

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1   cancel, and receive a full refund for, a virtual currency kiosk

2   transaction within seventy-two (72) hours after the transaction;

3   (c) Not collect, directly or indirectly, virtual currency kiosk charges from a

4   virtual currency kiosk user for any single virtual currency kiosk transaction

5   that exceeds the greater of:

6   1. Five dollars ($5); or

7   2. Eighteen percent (18%) of the value, in United States dollars, of the

8   transaction;

9   (d) Provide live customer service via a toll-free telephone number during the

10  operating hours of each virtual currency kiosk in this state; and

11  (e) Provide the following notices at each virtual currency kiosk in this state:

12  1. The following warning, stating in substantially similar form:

13  "WARNING: This technology can be used to defraud you.

14  If someone asked you to deposit money in this machine and/or is on

15  the phone with you and claims to be a:

16  - Friend or family member;

17  - Government agent;

18  - Computer software representative;

19  - Bill collector;

20  - Law enforcement officer; or

21  - Anyone you do not know personally;

22  STOP THIS TRANSACTION IMMEDIATELY and contact your local

23  law enforcement and the virtual currency kiosk operator. This may be

24  a scam. NEVER SEND MONEY to someone you don't know.";

25  2. That virtual currency kiosk users can contact the following to report

26  fraud or suspected fraud:

27  a. Any relevant state and local law enforcement;

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1   b. The department; and

2   c. The Attorney General;

3   3. The contact information, including a telephone number, for each of

4   the agencies referenced in subparagraph 2. of this paragraph;

5   4. The name, address, and toll-free customer service telephone number

6   of the virtual currency kiosk operator;

7   5. The days, times, and means by which a virtual currency kiosk user can

8   contact the virtual currency kiosk operator for assistance; and

9   6. The operator's dedicated United States telephone number or email

10  address for law enforcement, the department, and the Attorney

11  General, as required under subsection (6) of Section 18 of this Act.

12 (3) The notices required under subsection (2)(e) of this section shall be:

13  (a) 1. On the virtual currency kiosk;

14  2. Near, and within readable sight of, the virtual currency kiosk; or

15  3. On the first screen of the virtual currency kiosk, which shall be

16  viewable by any person without requiring the person to input money,

17  virtual currency, data, or information; and

18  (b) Displayed prominently and in bold type.

19 (4) (a) Prior to entering a virtual currency kiosk transaction with a virtual

20  currency kiosk user, a virtual currency kiosk operator shall:

21  1. Provide accurate and appropriate disclosures to the user; and

22  2. Obtain an acknowledgment from the user that the user received the

23  disclosures.

24  (b) The disclosures required under paragraph (a) of this subsection shall:

25  1. Describe the terms and conditions of the transaction, which shall

26  include but not be limited to:

27  a. The amount of the transaction;

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1   b. A description of all virtual currency kiosk charges, which shall

2                    be disclosed to the user in United States dollars; and

3   c. The exchange rate of the virtual currency to the United States

4                    dollar;

5   2. Describe all material risks associated with the virtual currency kiosk

6   transaction, including the following:

7   a. Virtual currency is not legal tender in the United States, is not

8                    backed by the United States government, and accounts and value

9                    balances are not subject to Federal Deposit Insurance

10                   Corporation, National Credit Union Administration, or

11                   Securities Investor Protection Corporation protections;

12  b. Legislative and regulatory changes or actions at the state,

13                   federal, or international level may adversely affect the value of

14                   virtual currency;

15  c. Virtual currency value relative to the United States dollar may

16                   fluctuate significantly;

17  d. Transactions in virtual currency may be irreversible, and

18                   accordingly, losses due to fraudulent or accidental transactions

19                   may not be recoverable;

20  e. Some virtual currency transactions may be immediately effective

21                   when recorded on a public ledger, which is not necessarily the

22                   date or time that the user initiates the transaction;

23  f. The value of virtual currency may be derived from the continued

24                   willingness of market participants to exchange legal tender for

25                   virtual currency, which may result in the potential for permanent

26                   and total loss of value of a particular virtual currency if the

27                   market for the virtual currency declines or collapses for an

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1                    extended period of time;

2   g. Any bond required by Section 9 of this Act for the benefit of

3                    virtual currency kiosk users may not be sufficient to cover all

4                    losses incurred by the users;

5   h. Virtual currency kiosk users should perform research before

6                    purchasing or investing in virtual currency; and

7   i. The circumstances under which the virtual currency kiosk

8                    operator will, in the ordinary course of business, disclose the

9                    user's financial and account information to third parties;

10  3. Include any other terms, conditions, or information the commissioner

11  determines is necessary and appropriate to disclose to virtual currency

12  kiosk users;

13  4. Be made separately from any other information provided by a virtual

14  currency kiosk operator; and

15  5. Be clear, conspicuous, and in legible writing.

16 (5) (a) Upon completion of a virtual currency kiosk transaction, a virtual currency

17  kiosk operator shall provide a receipt in paper or electronic retainable form,

18  as designated under paragraph (b) of this subsection, to the virtual currency

19  kiosk user that contains all of the following information:

20  1. The name and toll-free customer service telephone number of the

21  operator;

22  2. The contact information required under subsection (2)(e)3. of this

23  section to report fraud or suspected fraud;

24  3. The type, value, date, and precise time of the transaction;

25  4. Each applicable virtual currency wallet address and transaction hash,

26  where available;

27  5. A description of all virtual currency kiosk charges, which shall be

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1   disclosed in United States dollars;

2   6. The exchange rate of the virtual currency to the United States dollar;

3   7. The operator's liability for nondelivery or delayed delivery;

4   8. The operator's refund policy; and

5   9. Any additional information required by the commissioner.

6   (b) Each virtual currency kiosk user shall be provided the option to receive a

7   paper or electronic receipt for each virtual currency kiosk transaction.

8 (6) A virtual currency kiosk operator may provide additional notices or disclosures,

9   or information on a receipt provided, to a virtual currency kiosk user.

10 (7) A fraud victim's eligibility for a refund shall not be waived, affected, or prevented

11  by, or due to, a disclosure made in accordance with this section.

12 (8) The notices, disclosures, and receipts required under this section shall be in the

13  English language.

14 (9) The commissioner may promulgate an administrative regulation in accordance

15  with KRS Chapter 13A to:

16  (a) Establish the format of the notices required under subsection (2)(e) of this

17  section;

18  (b) Establish any additional disclosures or information the commissioner

19  requires under subsection (4) or (5) of this section; and

20  (c) Require virtual currency kiosk operators to comply with one (1) or more

21  specified industry standards or practices if the commissioner determines

22  that compliance with the standard or practice is necessary to:

23  1. Ensure the lawful conduct of business under this subtitle; or

24  2. Protect the interest of the public.

25  SECTION 18. A NEW SECTION OF SUBTITLE 13 OF KRS CHAPTER 286

26 IS CREATED TO READ AS FOLLOWS:

27 (1) As used in this section:

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1   (a) "Blockchain analytics" means the analysis of data from blockchains or

2   publicly distributed ledgers, including associated transaction information;

3   (b) "Blockchain analytics and tracing software" means a software service that

4   uses blockchain analytics data to provide:

5   1. Risk-specific information;

6   2. Tracing of virtual currency wallet addresses; and

7   3. Other information and services; and

8   (c) "Virtual currency wallet" and "virtual currency wallet address" have the

9   same meanings as in Section 17 of this Act.

10 (2) (a) Each virtual currency kiosk operator shall take reasonable steps to detect

11  and prevent fraud and money laundering associated with its virtual

12  currency kiosk business in this state.

13  (b) The reasonable steps required under paragraph (a) of this subsection shall

14  include establishing, implementing, maintaining, and enforcing:

15  1. An anti-fraud and anti-money laundering policy that, at a minimum:

16  a. Identifies and assesses fraud-related and money laundering-

17                   related risk areas;

18  b. Establishes procedures and controls to protect against identified

19                   risks;

20  c. Allocates responsibility for monitoring risks;

21  d. Establishes procedures for the periodic evaluation and revision

22                   of the policy's procedures, controls, and monitoring

23                   mechanisms; and

24  e. Requires compliance with the federal Bank Secrecy Act, codified

25                   at 31 U.S.C. sec. 5311 et seq.;

26  2. An enhanced due diligence policy that, at a minimum, establishes

27  protocols to identify individuals who are at risk of fraud based on age

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1   or mental capacity; and

2   3. Policies that address:

3   a. Cybersecurity, the privacy of personal information, and

4                    information security; and

5   b. Any other subjects required by the commissioner in an

6                    administrative regulation promulgated in accordance with KRS

7                    Chapter 13A.

8   (c) The policies required under paragraph (b) of this subsection shall:

9   1. Be in writing;

10  2. Apply to all employees and agents of the virtual currency kiosk

11  operator; and

12  3. Be reviewed and approved by the virtual currency kiosk operator's

13  board of directors or equivalent governing body.

14 (3) (a) Each virtual currency kiosk operator and its agents shall use blockchain

15  analytics and tracing software to:

16  1. Assist in the prevention of sending virtual currency to a virtual

17  currency wallet known or likely to be affiliated with fraudulent activity

18  at the time of a virtual currency kiosk transaction; and

19  2. Detect virtual currency kiosk transaction patterns that are indicative

20  of fraud or other illicit activities.

21  (b) A virtual currency kiosk operator and its agents shall block a virtual

22  currency kiosk transaction to a virtual currency wallet that is associated

23  with overseas exchanges that are not accessible for virtual currency kiosk

24  users in the United States.

25  (c) The department may request evidence from any virtual currency kiosk

26  operator or agent of current use of blockchain analytics.

27 (4) (a) Prior to accepting payment from any virtual currency kiosk user in this

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1   state, a virtual currency kiosk operator and its agents shall verify the

2   identity of the user.

3   (b) To comply with paragraph (a) of this subsection, the virtual currency kiosk

4   operator or agent, or an authorized delegate of the operator or agent, shall:

5   1. Obtain a copy of a government-issued identification card that

6   identifies the virtual currency kiosk user; and

7   2. Collect additional information about the virtual currency kiosk user,

8   including the user's:

9   a. Name;

10  b. Date of birth;

11  c. Telephone number;

12  d. Physical address; and

13  e. Email address.

14  (c) A virtual currency kiosk operator and its agents shall not allow a virtual

15  currency kiosk user to engage in a virtual currency kiosk transaction under

16  or using any name, account, or identity that is not the user's own true name,

17  account, or identity.

18  (d) A virtual currency kiosk operator and its agents shall be strictly liable for

19  any violation of this subsection.

20 (5) (a) Except as provided in paragraph (b) of this subsection, upon request of a

21  virtual currency kiosk user, a virtual currency kiosk operator and its agents

22  shall issue a refund of all virtual currency kiosk charges to the user for

23  each virtual currency kiosk transaction that satisfies all of the following:

24  1. The user was fraudulently induced to engage in the transaction;

25  2. The user reported the fraud within ninety (90) days of the transaction

26  to:

27  a. The operator or agent; and

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1   b. One (1) of the following:

2                    i. The department;

3                    ii. The Attorney General; or

4                    iii. Any relevant state or local law enforcement agency; and

5   3. The user submitted proof of the fraud to the operator or agent and the

6   person referenced in subparagraph 2.b. of this paragraph, which may

7   include one (1) of the following:

8   a. A police report; or

9   b. A sworn statement made to the department, Attorney General,

10                   operator, or agent;

11  that details the fraudulent nature of the transaction.

12  (b) 1. In addition to any other remedies and penalties available under this

13  subtitle or any other statutory or common law, a virtual currency kiosk

14  operator and its agents shall issue a refund to a virtual currency kiosk

15  user in the full amount of any virtual currency kiosk transaction,

16  including all virtual currency kiosk charges, if the user submits proof,

17  which may be in the form of a police report or sworn statement, that

18  the operator or agent, or an employee or other representative of the

19  operator or agent, defrauded, deceived, or mislead the user in

20  connection with the transaction.

21  2. A virtual currency kiosk user shall submit the proof required under

22  this paragraph in accordance with the requirements of paragraph (a)

23  of this subsection, except the user shall be required to submit the proof

24  within any applicable statute of limitations associated with the

25  violation or offense, which shall not be less than one (1) year after the

26  transaction.

27  (c) The refund required under paragraph (a) or (b) of this subsection shall be:

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1   1. Paid in the originating currency; and

2   2. Made to a virtual currency kiosk user by the virtual currency kiosk

3   operator or agent within seventy-two (72) hours after the requirements

4   of paragraph (a) or (b) of this subsection, as applicable, are satisfied.

5 (6) (a) A virtual currency kiosk operator and its agents shall provide a dedicated

6   and frequently monitored communications line for law enforcement, the

7   department, and the Attorney General, via a United States telephone

8   number or email address posted on each virtual currency kiosk in

9   accordance with Section 17 of this Act, to be used by the agencies to

10  facilitate communications with the operator or agent in the event of a report

11  from a virtual currency kiosk user of fraud or suspected fraud.

12  (b) Upon request from law enforcement, the department, or the Attorney

13  General, a virtual currency kiosk operator and its agents shall:

14  1. Provide the agency with its trace findings; and

15  2. Grant the agency assistance with blockchain analytics to assist in any

16  fraud investigation.

17  (c) A virtual currency kiosk operator and its agents shall cooperate with law

18  enforcement, the department, and the Attorney General in the investigation

19  of fraud and other unlawful activity, which shall include without limitation:

20  1. Promptly complying with lawful subpoenas, court orders, and other

21  official requests for records or information relating to virtual currency

22  kiosk transactions or virtual currency kiosk users;

23  2. Responding in good faith to lawful requests relating to fraud involving

24  a virtual currency kiosk; and

25  3. Designating a point of contact for communication with law

26  enforcement, the department, and the Attorney General regarding

27  fraud-related matters.

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1 (7) (a) Each virtual currency kiosk operator shall designate a qualified natural

2   person to serve as the operator's chief compliance officer for virtual

3   currency kiosk business conducted in this state.

4   (b) The chief compliance officer shall be responsible for coordinating,

5   monitoring, and ensuring the operator's and its agents' compliance with:

6   1. This section; and

7   2. All other applicable state and federal laws, including all

8   administrative regulations, rules, and orders promulgated or issued

9   thereunder.

10  SECTION 19. A NEW SECTION OF SUBTITLE 13 OF KRS CHAPTER 286

11 IS CREATED TO READ AS FOLLOWS:

12 It shall be a violation of this subtitle for an applicant, a licensee, a virtual currency

13 kiosk operator, an agent, or any other person to do any of the following:

14 (1) With regard to virtual currency kiosk business in this state, whether or not the

15  person is required to have a license:

16  (a) Directly or indirectly employ any scheme, device, or artifice to defraud or

17  mislead, when the applicant, licensee, operator, agent, or person should

18  have known that the scheme, device, or artifice was defrauding or

19  misleading; or

20  (b) Engage in any:

21  1. Unfair or deceptive practice; or

22  2. Other act or conduct that would warrant the denial, suspension, or

23  revocation of a license under Section 25 of this Act;

24 (2) Negligently make any false statement, or knowingly or willfully make any

25  omission of material fact, in connection with:

26  (a)_ Any information or reports relating to virtual currency kiosk business in

27  this state filed with:

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1   1. A state or federal government agency;

2   2. The registry, as defined in Section 5 of this Act; or

3   3. Any agency or authority, as part of a nationwide licensing system, that

4       is designated by the commissioner to accept filings under Section 5 of

5       this Act; or

6   (b) Any investigation or examination conducted by the commissioner or any

7   other state or federal government agency relating to virtual currency kiosk

8   business in this state; or

9 (3) Fail to truthfully account for any assets in connection with any virtual currency

10  kiosk transaction.

11  SECTION 20. A NEW SECTION OF SUBTITLE 13 OF KRS CHAPTER 286

12 IS CREATED TO READ AS FOLLOWS:

13 In addition to the requirements of this subtitle, every virtual currency kiosk operator

14 and its agents shall comply with all applicable federal and state laws.

15  SECTION 21. A NEW SECTION OF SUBTITLE 13 OF KRS CHAPTER 286

16 IS CREATED TO READ AS FOLLOWS:

17 (1) Any person may file a written complaint with the commissioner relating to:

18  (a) Virtual currency kiosk business in this state; or

19  (b) The conduct of any person engaged or participating in virtual currency

20  kiosk business in this state.

21 (2) The commissioner may conduct an investigation, upon complaint or otherwise, of

22  any virtual currency kiosk operator or other person within or outside this state

23  that he or she deems necessary to:

24  (a) Discover violations of this subtitle, including violations of any

25  administrative regulation promulgated, or order issued, under this subtitle;

26  or

27  (b) Secure information necessary for the proper enforcement of this subtitle.

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1 (3) (a) The commissioner may conduct routine examinations of the virtual

2   currency kiosk affairs, business, offices, books, accounts, and records of

3   licensees and agents of licensees.

4   (b) A licensee shall pay a reasonable fee sufficient to cover the cost of each

5   routine examination based upon fair compensation for time and actual

6   expenses.

7   (c) Upon written notice of the amount assessed under paragraph (b) of this

8   subsection, the licensee shall become liable for and pay the assessment to

9   the department.

10 (4) To the extent necessary to conduct any investigation or examination authorized

11  under this section, the commissioner may:

12  (a) Compel the attendance of any person or obtain any books, accounts, or

13  records by subpoenas;

14  (b) Administer oaths and affirmations;

15  (c) Examine under oath or affirmation all persons whose testimony he or she

16  may require; and

17  (d) To the extent permitted under federal law, access and review records and

18  related information relating to compliance with federal anti-money

19  laundering laws, including suspicious activity reports filed pursuant to the

20  Bank Secrecy Act, 31 U.S.C. sec. 5311 et seq., as amended.

21 (5) As a condition of licensure under this subtitle, a licensee and its agents shall, by

22  operation of law, be deemed to consent to any examination or investigation

23  conducted under this section, whether or not prior notice is given to the licensee

24  or agent.

25 (6) When conducting an investigation or examination, the commissioner may do any

26  of the following:

27  (a) Conduct an on-site or off-site investigation or examination;

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1   (b) Participate in a joint or concurrent investigation or examination with one

2   (1) or more states or federal agencies, including a multistate investigation

3   or examination; and

4   (c) Accept and rely upon an investigation or examination report of one (1) or

5   more states or federal agencies, including a multistate investigation or

6   examination report.

7 (7) (a) Except as provided in paragraph (b) of this subsection and Section 22 of

8   this Act, a routine examination report, related correspondence, and

9   examination-related information shall:

10  1. Be considered confidential by law and privileged; and

11  2. Not be subject to disclosure under KRS 61.870 to 61.884.

12  (b) A licensee:

13  1. May disclose a Kentucky routine examination report to a financial

14          institution upon written request from the financial institution for the

15          purpose of assisting the financial institution in its compliance with the

16          Bank Secrecy Act, 31 U.S.C. secs. 5311 to 5332 and 31 C.F.R. pt. 103;

17          and

18  2. Shall provide written notice to the commissioner of a disclosure made

19          under this paragraph at the same time that the disclosure is made.

20  SECTION 22. A NEW SECTION OF SUBTITLE 13 OF KRS CHAPTER 286

21 IS CREATED TO READ AS FOLLOWS:

22 (1) Except as otherwise provided in subsection (3) of this section, any document,

23  material, report, or other information in the possession or control of the

24  commissioner that is provided to the commissioner according to this subtitle

25  shall:

26  (a) Be confidential by law and privileged;

27  (b) Not be subject to disclosure under KRS 61.870 to 61.884; and

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1   (c) Not be subject to subpoena or discovery, or admissible as evidence in any

2   civil action, unless the commissioner determines or, after notice to the

3   commissioner and a hearing, a court of competent jurisdiction determines

4   that the commissioner would not be prejudiced by disclosure of the

5   document, material, report, or information.

6 (2) (a) The commissioner shall not be required to testify in any civil action

7   concerning any document, material, report, or information that is

8   confidential under subsection (1) of this section.

9   (b) Any person who received documents, materials, reports, or other

10  information that is confidential under subsection (1) of this section while

11  acting under the authority of the commissioner shall not be required to

12  testify in any civil action concerning the documents, materials, reports, or

13  other information.

14 (3) In order to assist in the performance of the commissioner's duties, the

15  commissioner may do all of the following:

16  (a) Share or disclose documents, materials, reports, and other information in

17  the commissioner's possession or control, including otherwise confidential

18  and privileged documents, materials, reports, and other information:

19  1. In accordance with Section 5 of this Act;

20  2. In accordance with a joint, concurrent, or multistate investigation or

21  examination conducted under Section 21 of this Act; or

22  3. With the following, if the recipient agrees to maintain the

23  confidentiality and privileged status of shared documents, materials,

24  reports, and information:

25  a. Other state, federal, and international regulatory agencies;

26  b. Organizations made up of other state regulators of virtual

27                   currency businesses; and

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1   c. Local, state, federal, and international law enforcement

2                    authorities;

3   (b) Report apparent violations of law to:

4   1. Other state, federal, and international regulators of virtual currency

5   businesses;

6   2. The registry, as defined in Section 5 of this Act; or

7   3. Local, state, federal, and international law enforcement authorities;

8   (c) Disclose to the public:

9   1. A list of licensees and agents;

10  2. A licensee's registered agent for service of process in this state;

11  3. The aggregate financial or other data of persons regulated under this

12  subtitle; or

13  4. Violations of this subtitle, enforcement actions, and other relevant

14  information that the commissioner deems necessary to carry out the

15  requirements and purposes of this subtitle;

16  (d) Disclose and use documents, materials, reports, and other information in

17  the commissioner's possession or control, including otherwise confidential

18  and privileged documents, materials, reports, and other information, in

19  furtherance of any regulatory or legal action brought as part of the

20  commissioner's official duties;

21  (e) Receive any documents, materials, reports, or other information, including

22  otherwise confidential and privileged documents, materials, reports, or

23  other information, from any source;

24  (f) Agree to maintain the confidentiality and privileged status of any

25  documents, materials, reports, or information received;

26  (g) Enter into agreements or relationships with other government officials,

27  federal and state regulatory agencies, and regulatory associations;

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1   (h) Use, hire, contract, or employ analytical systems, methods, or software;

2   (i) Consider, accept, and rely upon audit reports prepared by an independent

3   certified public accountant or other qualified third-party auditor for any

4   person subject to this subtitle; or

5   (j) Incorporate all or part of any audit report referenced in paragraph (i) of

6   this subsection into an examination or investigation report.

7 (4) A waiver of any applicable privilege or claim of confidentiality in documents,

8   materials, reports, or other information shall not occur as a result of a disclosure:

9   (a) To the commissioner under this section; or

10  (b) That is made under subsection (3)(a) of this section.

11  SECTION 23. A NEW SECTION OF SUBTITLE 13 OF KRS CHAPTER 286

12 IS CREATED TO READ AS FOLLOWS:

13 The commissioner shall prepare and publish for public distribution on the

14 department's website an annual report that details and summarizes, in composite form:

15 (1) The data received from virtual currency kiosk operators relating to virtual

16  currency kiosk business conducted in this state; and

17 (2) Information about the licensing of virtual currency kiosk business in this state,

18  including the following information, by calendar year:

19  (a) The number of applications made for a license;

20  (b) The number of applicants who have a license to engage in money

21  transmission;

22  (c) The number of licenses granted;

23  (d) The number of applicants who have been denied a license; and

24  (e) A list of fees that applicants are required to pay.

25  SECTION 24. A NEW SECTION OF SUBTITLE 13 OF KRS CHAPTER 286

26 IS CREATED TO READ AS FOLLOWS:

27 (1) As used in this section:

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1   (a) "Applicant" includes:

2   1. With respect to conditions placed on, or denial of an application for,

3   an approval to engage in virtual currency kiosk business through an

4   agent in this state, a proposed agent; and

5   2. With respect to a denial of an application for approval of a change of

6   control, a person that filed the application seeking the change of

7   control; and

8   (b) "Person" means any applicant, licensee, virtual currency kiosk operator,

9   agent, or other person.

10 (2) The commissioner shall serve written notice on an applicant prior to:

11  (a) Placing conditions on:

12  1. A license; or

13  2. An approval to engage in virtual currency kiosk business at a location,

14  or through an agent, in this state; or

15  (b) Denying any license or application made under this subtitle.

16 (3) An applicant that is served a notice of intent to deny any license or application

17  made under this subtitle shall be entitled to an administrative hearing on the

18  notice conducted in accordance with KRS Chapter 13B if the applicant files a

19  written request for a hearing with the commissioner within twenty (20) days of

20  the date of service.

21 (4) (a) The commissioner shall serve an administrative complaint on a person:

22  1. Prior to doing any of the following:

23  a. Taking an adverse action against the person under subsection

24                   (1)(a)4. of Section 25 of this Act;

25  b. Issuing a cease and desist order against the person under

26                   Section 27 of this Act; or

27  c. Issuing an order that directs the person to:

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1                    i. Pay any fee or civil penalty;

2                    ii. Provide any remedy; or

3                    iii. Be subject to a penalty; and

4   2. Simultaneous with the service of an emergency order on the person

5   under Section 26 of this Act.

6   (b) Except as provided in paragraph (c) of this subsection, a person that is

7   served an administrative complaint under paragraph (a) of this subsection

8   shall be entitled to an administrative hearing on the complaint conducted in

9   accordance with KRS Chapter 13B if the person files both of the following

10  with the commissioner within twenty (20) days of the date of service:

11  1. A written answer to the complaint; and

12  2. A request for hearing.

13  (c) A person that complies with paragraph (b) of this subsection in response to

14  an administrative complaint and emergency order issued under Section 25

15  of this Act shall be entitled to an emergency administrative hearing

16  conducted in accordance with KRS 13B.125.

17 (5) (a) Except as provided in paragraph (b) of this subsection, the commissioner

18  shall serve any notice, complaint, or emergency order referenced in this

19  section by certified mail or personal delivery to the person's last known

20  address or upon the person's agent for service of process.

21  (b) If the commissioner is unable to reasonably determine a person's last

22  known address or agent for service of process, the commissioner may serve

23  a notice, a complaint, or an emergency order by certified mail or personal

24  delivery to any owner or operator of the premises or real property upon

25  which the person's virtual currency kiosk or kiosks are located.

26 (6) Service by certified mail shall be complete as provided in KRS 13B.050(2).

27 (7) If any person fails to timely file a request for hearing under subsection (3) of this

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1   section, or a written answer and request for hearing under subsection (4) of this

2   section, the commissioner may, as applicable and subject to KRS Chapter 13B,

3   issue a final order:

4   (a) Taking the action that was:

5   1. Set forth in the notice; or

6   2. Sought in the complaint; or

7   (b) Affirming the emergency action that was taken.

8 (8) All other requirements of and rights arising under KRS Chapter 13B shall apply

9   to administrative hearings conducted and orders issued under this subtitle.

10 (9) The commissioner may, at any time, enter into a consent order with any person to

11  resolve a matter arising under this subtitle.

12  SECTION 25. A NEW SECTION OF SUBTITLE 13 OF KRS CHAPTER 286

13 IS CREATED TO READ AS FOLLOWS:

14 (1) As used in this section:

15  (a) "Adverse action" means to take any of the following actions:

16  1. Deny or condition a license;

17  2. Deny, in whole or in part, an application to engage in virtual currency

18  kiosk business at one (1) or more locations, or through one (1) or

19  more agents, in this state;

20  3. Condition an approval:

21  a. To engage in virtual currency kiosk business at a location in this

22                   state; or

23  b. Of an agent to engage in virtual currency kiosk business in this

24                   state on behalf of an applicant or licensee; or

25  4. Suspend, revoke, or refuse to renew:

26  a. A license;

27  b. An approval to engage in virtual currency kiosk business at a

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1                    location in this state; or

2   c. An approval of an agent to engage in virtual currency kiosk

3                    business in this state on behalf of a licensee;

4   (b) "Regulated person" means any applicant, licensee, or agent; and

5   (c) 1. "Unsafe or unsound act or practice" means an act or practice that:

6   a. Creates a likelihood of material loss, insolvency, or dissipation of

7                    a regulated person's assets; or

8   b. Materially prejudices the:

9                    i. Financial condition of a regulated person; or

10                   ii. Interests of a regulated person's customers.

11  2. In determining whether a regulated person has engaged, or is

12  engaging, in an unsafe or unsound act or practice, the commissioner

13  may consider:

14  a. The size and condition of the person's business;

15  b. The magnitude of the loss;

16  c. The gravity of the violation of this subtitle;

17  d. Any action taken by another state or federal government against

18                   the person; and

19  e. The previous conduct of the person.

20 (2) Subject to Section 24 of this Act and KRS 335B.020, the commissioner may take

21  an adverse action against a regulated person if the commissioner finds one (1) or

22  more of the following:

23  (a) The regulated person has:

24  1. Violated any:

25  a. Provision of this subtitle;

26  b. Other state or federal law related to money transmission or

27                   virtual currency kiosk business; or

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1   c. Consent order or compliance agreement entered into with the

2                    commissioner;

3   2. Engaged in:

4   a. An unsafe or unsound act or practice;

5   b. An unfair, deceptive, or dishonest act or practice;

6   c. Fraud, an intentional misrepresentation, or gross negligence; or

7   d. A misappropriation of legal tender, virtual currency, or other

8                    assets;

9   3. Misrepresented material facts or made a false promise likely to

10  influence, persuade, or induce a virtual currency kiosk user to engage

11  in a virtual currency kiosk transaction;

12  4. Misrepresented or concealed a material fact, term, or condition of a

13  virtual currency kiosk transaction;

14  5. Knowingly engaged in a transaction, practice, or course of business

15  that perpetrates a fraud upon any person in connection with a virtual

16  currency kiosk transaction;

17  6. Failed to exchange, transfer, or store, without just cause, any funds in

18  accordance with any agreement connected with a virtual currency

19  kiosk business;

20  7. Failed to timely remit, account for, or deliver to any person any legal

21  tender, virtual currency, precious metals, electronic certificates, or

22  other assets legally due to the person;

23  8. Failed to implement reasonable risk-mitigation measures to prevent

24  fraudulent activity by third parties in connection with a virtual

25  currency kiosk transaction;

26  9. Been found to have violated any of the recordkeeping and reporting

27  requirements of the United States government, including 31 U.S.C.

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1   secs. 5311 to 5332 and 31 C.F.R. pt. 103;

2   10. Been convicted of, pled guilty to, or pled nolo contendere, or

3   knowingly employed or contracted with a responsible individual that

4   has been convicted of, pled guilty to, or pled nolo contendere, to a:

5   a. Felony; or

6   b. A misdemeanor:

7                    i. Related to money transmission or virtual currency kiosk

8                         business; or

9                    ii. Involving theft, fraud, or breach of trust; or

10  11. Has had any license, registration, claim of exemption, or other

11  authorization to do business relating to the financial services industry

12  denied, revoked, suspended, conditioned, restricted, probated, or

13  terminated by any state, federal, or foreign jurisdiction;

14  (b) The regulated person:

15  1. Is insolvent;

16  2. Has suspended payment of its obligations or made a general

17  assignment for the benefit of its creditors;

18  3. Has:

19  a. Become the debtor, alleged debtor, respondent, or person in a

20                   similar capacity in a case or other proceeding under any

21                   bankruptcy, reorganization, arrangement, readjustment,

22                   insolvency, receivership, dissolution, liquidation, or similar law;

23                   and

24  b. Not obtained from a court, within a reasonable time,

25                   confirmation of a plan or dismissal of the case or proceeding; or

26  4. Has applied for, or has permitted the appointment of, a receiver,

27  trustee, or other agent of a court for itself or for a substantial part of

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1   its assets;

2   (c) The regulated person has knowingly made or provided, or caused to be

3   made or provided, to the commissioner one (1) or more of the following:

4   1. A material misrepresentation; or

5   2. A false or fraudulent:

6   a. Material fact; or

7   b. Financial statement;

8   (d) The applicant or licensee suppressed or withheld from the commissioner

9   any information which, if submitted by the applicant or licensee, warrants

10  or would have warranted the commissioner denying a license;

11  (e) The applicant or licensee failed to terminate or suspend the authority of its

12  responsible individual or agent to act on its behalf when the applicant or

13  licensee knew, or was given reasonable notice, that its responsible

14  individual or agent:

15  1. Violated, or was about to violate, a material provision of this subtitle,

16  including any administrative regulation or order promulgated or

17  issued by the commissioner; or

18  2. Engaged in, or was about to engage in, an act or practice that would

19  warrant an adverse action under this section;

20  (f) Any of the following are listed on the specially designated nationals and

21  blocked persons list prepared by the United States Department of the

22  Treasury or the United States Department of State under Presidential

23  Executive Order No. 13224 as a potential threat to commit terrorist acts or

24  to finance terrorist acts:

25  1. The regulated person;

26  2. An executive officer of the regulated person;

27  3. A director of the regulated person;

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1   4. A key shareholder of the regulated person;

2   5. A person in control of the regulated person; or

3   6. A responsible individual of the applicant or licensee;

4   (g) The competence, experience, character, or general fitness of an agent, or a

5   person in control of the agent, indicates that it is not in the public interest to

6   permit the agent to be engaged in virtual currency kiosk business in this

7   state;

8   (h) The applicant or licensee no longer meets the requirements of this subtitle

9   to:

10  1. Hold a license; or

11  2. Engage in virtual currency kiosk business at one (1) or more locations

12          in this state; or

13  (i) Any fact or condition exists that, if it existed at the time the applicant or

14  licensee applied for a license, or approval to engage in virtual currency

15  kiosk business at one (1) or more locations, or through one (1) or more

16  agents, in this state, would have been grounds for denying the application.

17 (3) Subsection (2)(a)1. of this section includes all of the following:

18  (a) Violating any administrative regulation promulgated, or order of general

19  application issued, under this subtitle;

20  (b) Failing to pay any fee, civil penalty, or remedy that is owed under this

21  subtitle;

22  (c) Violating the written conditions under which a license or approval was

23  issued, renewed, or maintained under this subtitle;

24  (d) Refusing to permit, or failing to cooperate substantially with, an

25  investigation or examination under this subtitle;

26  (e) Failing, within a reasonable time, to furnish any information or file any

27  notice or report required or otherwise requested by the commissioner under

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1   this subtitle; and

2   (f) Failing to comply with a lawful order or subpoena issued by the

3   commissioner.

4 (4) Subject to Section 24 of this Act:

5   (a) The commissioner may, at any time, issue a notice of intent to impose

6   conditions on a license, or approval to engage in virtual currency kiosk

7   business at one (1) or more locations, or through one (1) or more agents, in

8   this state if the commissioner finds that the conditions, including any

9   additional bond amount specified by the commissioner under Section 9 of

10  this Act, are necessary for a licensee to continue to satisfy the requirements

11  of this subtitle for licensure;

12  (b) A notice of intent issued under paragraph (a) of this subsection shall specify

13  the additional conditions that are required for the licensee and any agent;

14  (c) The commissioner may impose conditions on a license, or approval to

15  engage in virtual currency kiosk business at one (1) or more locations, or

16  through one (1) or more agents, in this state if the licensee, agent, or both,

17  as applicable, files a written acceptance of the conditions specified in the

18  notice issued under paragraph (a) of this subsection to the licensee, agent,

19  or both within thirty (30) days after service of the notice; and

20  (d) If the department does not receive a written acceptance of the conditions

21  specified in a notice issued under paragraph (a) of this subsection to a

22  licensee, agent, or both within thirty (30) days after service of the notice, the

23  commissioner shall serve an administrative complaint on the licensee,

24  agent, or both, as applicable, seeking to take an appropriate adverse action

25  under subsection (1)(a)4. of this section relating to the license or approval.

26 (5) Any person or person in control whose license, or agent or person in control of

27  an agent whose approval as an agent, has been:

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1   (a) Denied shall not be eligible to apply for a license, to serve as an agent, or to

2   serve as a person in control of a licensee or agent for one (1) year after the

3   date of denial; or

4   (b) Revoked shall not be eligible to apply for a license, to serve as an agent, or

5   to serve as a person in control of a licensee or agent:

6   1. For the first revocation, until three (3) years after the date of

7   revocation; and

8   2. For any subsequent revocation, permanently.

9 (6) The surrender or expiration of a license, or an agent designation, shall not affect

10  a proceeding to suspend or revoke the license or approval of the agent.

11  SECTION 26. A NEW SECTION OF SUBTITLE 13 OF KRS CHAPTER 286

12 IS CREATED TO READ AS FOLLOWS:

13 (1) As used in this section:

14  (a) "Emergency order" means an order that does one (1) or more the following

15  without prior notice and hearing:

16  1. Suspends or conditions:

17  a. Any license; or

18  b. An approval to engage in virtual currency kiosk business at a

19                   location, or through an agent, in this state; or

20  2. Directs any peace officer to:

21  a. Seize or impound a virtual currency kiosk, including any

22                   contents thereof; or

23  b. Render a virtual currency kiosk inoperable; and

24  (b) "Person" means any licensee, virtual currency kiosk operator, agent, or

25  other person.

26 (2) Subject to Section 24 of this Act, the commissioner may issue an emergency order

27  against any person, pending further investigation, the entry of a final order, or

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1   other final legal action, if the commissioner has reason to believe or determines

2   one (1) or more of the following:

3   (a) The person is acting in violation of Section 4 of this Act;

4   (b) The licensee is not in compliance with Section 9 of this Act;

5   (c) The person has committed a material violation of this subtitle that poses an

6   immediate and irreparable harm to the public health, safety, or welfare;

7   (d) Subject to KRS 335B.020, the licensee or agent has been convicted of, pled

8   guilty to, or pled nolo contendere, or the licensee is knowingly employing or

9   contracting with a responsible individual that has been convicted of, pled

10  guilty to, or pled nolo contendere, to a:

11  1. Felony involving theft, fraud, or breach of trust; or

12  2. A crime under the USA PATRIOT Act of 2001, Pub. L. No. 107-56;

13  (e) The licensee has had any license, registration, claim of exemption, or other

14  authorization to do business relating to money transmission or virtual

15  currency kiosk business denied, revoked, suspended, or terminated by any

16  state, federal, or foreign jurisdiction;

17  (f) The licensee, agent, the licensee's responsible individual, or any key

18  shareholder, executive officer, director, or other person in control of the

19  licensee or agent is listed or becomes listed on the specially designated

20  nationals and blocked persons list prepared by the United States

21  Department of the Treasury or United States Department of State under

22  Presidential Executive Order No. 13224 as a potential threat to commit

23  terrorist acts or to finance terrorist acts; or

24  (g) The licensee or agent is insolvent or otherwise satisfies one (1) of the

25  grounds listed in subsection (2)(b) of Section 25 of this Act.

26 (3) An emergency order issued under this section shall:

27  (a) Pursuant to KRS 13B.125, become effective when served by the

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1   commissioner; and

2   (b) Remain in effect until it is:

3   1. Stayed, withdrawn, suspended, or superseded by order of the

4               commissioner; or

5   2. Terminated by court order.

6   SECTION 27. A NEW SECTION OF SUBTITLE 13 OF KRS CHAPTER 286

7 IS CREATED TO READ AS FOLLOWS:

8 (1) Subject to Section 24 of this Act, the commissioner may issue a cease and desist

9   order requiring an applicant, a licensee, a virtual currency kiosk operator, an

10  agent, or any other person to cease and desist from violating one (1) or more

11  identified provisions of the following, if the commissioner has reason to believe or

12  determines that the violations have occurred or will occur:

13  (a) This subtitle;

14  (b) An administrative regulation promulgated under this subtitle;

15  (c) An order issued under this subtitle; or

16  (d) An agreement entered with the commissioner relating to compliance with

17  this subtitle.

18 (2) A cease and desist order issued under this section shall remain in effect until it is:

19  (a) Stayed, withdrawn, suspended, or superseded by order of the commissioner;

20  or

21  (b) Terminated by court order.

22  SECTION 28. A NEW SECTION OF SUBTITLE 13 OF KRS CHAPTER 286

23 IS CREATED TO READ AS FOLLOWS:

24 (1) As used in this section, "person" means any applicant, licensee, virtual currency

25  kiosk operator, agent, or other person.

26 (2) Subject to Section 24 of this Act, the commissioner may do one (1) or more of the

27  following:

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1   (a) Issue an order against any person to:

2   1. Refund any amount charged or collected in violation of this subtitle;

3             or

4   2. Pay any fee or civil penalty, or provide any other remedy, authorized

5             under this subtitle;

6   (b) Levy a civil penalty against any person that violates, or participates in the

7   violation of, any:

8   1. Provision of this subtitle;

9   2. Administrative regulation promulgated under this subtitle;

10  3. Order issued under this subtitle; or

11  4. Agreement with the commissioner relating to compliance with this

12            subtitle; and

13  (c) For any virtual currency kiosk operator or its agent that is subject to a civil

14  penalty under paragraph (b) of this subsection, issue an order directing any

15  peace officer to:

16  1. Seize or impound the operator's or agent's virtual currency kiosk,

17            including any contents thereof; or

18  2. Render the operator's or agent's virtual currency kiosk inoperable.

19 (3) The civil penalty levied under subsection (2)(b) of this section:

20  (a) Shall be not less than one thousand dollars ($1,000) nor more than five

21  thousand dollars ($5,000) per violation; and

22  (b) May:

23  1. Be assessed for each day the violation is outstanding; and

24  2. Include an order for the person to pay the state's costs and expenses

25            for the examination, investigation, and prosecution of the matter,

26            including reasonable attorney's fees and court costs.

27  SECTION 29. A NEW SECTION OF SUBTITLE 13 OF KRS CHAPTER 286

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1 IS CREATED TO READ AS FOLLOWS:

2 (1) A person that intentionally or knowingly makes a false statement,

3   misrepresentation, false certification, or false entry, or omits a material entry, in

4   a record filed or required to be maintained under this subtitle is guilty of a Class

5   D felony.

6 (2) A person that intentionally or knowingly engages in virtual currency kiosk

7   business in this state for which a license is required under this subtitle without

8   being licensed under this subtitle is guilty of a Class C felony.

9   Section 30. KRS 286.2-015 is amended to read as follows:

10 (1) Except as provided in KRS 41.470 to 41.476 and 41.480, and

11  subsections[subsection] (3) and (4) of this section, all political subdivisions of the

12  Commonwealth shall be prohibited from enacting and enforcing ordinances,

13  resolutions, and regulations pertaining to the financial or lending activities of

14  persons or entities that:

15  (a) Are subject to:

16  1. The jurisdiction of the department; or

17  2. The provisions of this chapter;

18  (b) Are subject to the jurisdiction or regulatory supervision of the Board of

19  Governors of the Federal Reserve System, the Office of the Comptroller of

20  the Currency, the National Credit Union Administration, the Farm Credit

21  Administration, the Federal Deposit Insurance Corporation, or the United

22  States Department of Housing and Urban Development; or

23  (c) Originate, purchase, sell, assign, securitize, assist, facilitate, or service

24  property interests or obligations created by financial transactions or loans

25  made, executed, or originated by persons or entities referred to in paragraph

26  (a) or (b) of this subsection.

27 (2) The requirements of this section shall apply to all ordinances, resolutions, or

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1   regulations pertaining to financial or lending activities, including any ordinances,

2   resolutions, or regulations that:

3   (a) Limit or disqualify persons or entities from doing business with a political

4   subdivision based upon financial or lending activities; or

5   (b) Impose additional reporting requirements or other obligations on persons or

6   entities referred to in subsection (1) of this section seeking to do business with

7   a political subdivision.

8 (3) Nothing in this section shall be interpreted as preventing the enforcement of

9   ordinances, regulations, or resolutions of political subdivisions of the

10  Commonwealth pertaining to civil rights.

11 (4) (a) Political subdivisions of this Commonwealth may enact and enforce

12  ordinances, regulations, and resolutions pertaining to virtual currency

13  kiosk business that are not in direct conflict with state law.

14  (b) Ordinances, regulations, and resolutions of political subdivisions of the

15  Commonwealth that impose greater requirements or restrictions on virtual

16  currency kiosk business than the requirements or restrictions set forth in

17  Subtitle 13 of KRS Chapter 286 shall not be considered in direct conflict

18  with state law.

19  Section 31. KRS 431.073 is amended to read as follows:

20 (1) Any person who has been:

21  (a) Convicted of a Class D felony violation of Section 29 of this Act or KRS

22  17.175, 186.990, 194A.505, 194B.505, 217.181, 217.207, 217.208, 218A.140,

23  218A.1415, 218A.1416, 218A.1417, 218A.1418, 218A.1423, 218A.1439,

24  218A.282, 218A.284, 218A.286, 218A.320, 218A.322, 218A.324, 218A.500,

25  244.165, 286.11-057, 304.47-025, 324.990, 365.241, 434.155, 434.675,

26  434.850, 434.872, 511.040, 512.020, 514.030, 514.040, 514.050, 514.060,

27  514.065, 514.070, 514.080, 514.090, 514.100, 514.110, 514.120, 514.140,

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1   514.150, 514.160, 516.030, 516.060, 516.090, 516.108, 517.120, 518.040,

2   522.040, 524.100, 525.113, 526.020, 526.030, 528.020, 528.040, 528.050,

3   530.010, or 530.050;

4   (b) Convicted of a series of Class D felony violations of one (1) or more statutes

5   enumerated in paragraph (a) of this subsection arising from a single incident;

6   (c) Granted a full pardon; or

7   (d) Convicted of a Class D felony, or an offense prior to January 1, 1975 which

8   was punishable by not more than five (5) years' incarceration, which was not a

9   violation of KRS 189A.010, 508.032, or 519.055, abuse of public office, a sex

10  offense, or an offense committed against a child, and did not result in serious

11  bodily injury or death; or of multiple felony offenses eligible under this

12  paragraph;

13  may file with the court in which he or she was convicted an application to have the

14  judgment vacated. The application shall be filed as a motion in the original criminal

15  case. The person shall be informed of the right at the time of adjudication.

16 (2) (a) A verified application to have the judgment vacated under this section shall be

17  filed no sooner than five (5) years after the completion of the person's

18  sentence, or five (5) years after the successful completion of the person's

19  probation or parole, whichever occurs later.

20  (b) Upon the payment of the filing fee and the filing of the application, the Circuit

21  Court clerk shall serve a notice of filing upon the office of the

22  Commonwealth's attorney or county attorney that prosecuted the case and the

23  county attorney of the county where the judgment was entered. The office of

24  the Commonwealth's attorney or county attorney that prosecuted the case

25  shall file a response within sixty (60) days after being served with the notice

26  of filing. That time period may be extended for good cause, but the hearing on

27  the application to vacate the judgment shall occur no later than one hundred

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1   twenty (120) days following the filing of the application. The inability to

2   determine the location of the crime victim shall constitute good cause for an

3   extension of time. No hearing upon the merits of the application shall be

4   scheduled until the Commonwealth's response has been filed, or if no

5   response is received, no later than one hundred twenty (120) days after the

6   filing of the application.

7   (c) In any case in which the Commonwealth objects that the application is grossly

8   incomplete, the court shall order the person or agency originating the

9   application to supplement the application.

10 (3) Upon the filing of the Commonwealth's response to an application, or if no

11  response is received, no later than one hundred twenty (120) days after the filing of

12  the application, the court shall set a date for a hearing and the Circuit Court clerk

13  shall notify the office of the Commonwealth's attorney or county attorney that

14  prosecuted the case. The office of the Commonwealth's attorney or county attorney

15  that prosecuted the case shall notify the victim of the crime, if there was an

16  identified victim. The Commonwealth's attorney or county attorney shall be

17  authorized to obtain without payment of any fee information from the

18  Transportation Cabinet regarding the crime victim's address on file regarding any

19  vehicle operator's license issued to that person.

20 (4) (a) In an application pursuant to subsection (1)(d) of this section, upon the filing

21  of the Commonwealth's response objecting to the vacating of a judgment and

22  expungement of a record, the court shall schedule a hearing within one

23  hundred twenty (120) days of the Commonwealth's response. The prosecutor

24  shall specify in the objection the reasons for believing a denial of the

25  application is justified. At the hearing at which the applicant or his or her

26  attorney must be present, the applicant must prove by clear and convincing

27  evidence that:

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1   1. Vacating the judgment and expunging the record is consistent with the

2   welfare and safety of the public;

3   2. The action is supported by his or her behavior since the conviction or

4   convictions, as evidenced that he or she has been active in rehabilitative

5   activities in prison and is living a law-abiding life since release;

6   3. The vacation and expungement is warranted by the interests of justice;

7   and

8   4. Any other matter deemed appropriate or necessary by the court to make

9   a determination regarding the petition for expungement is met.

10  (b) At the hearing, the applicant may testify as to the specific adverse

11  consequences he or she may be subject to if the application is denied. The

12  court may hear testimony of witnesses and any other matter the court deems

13  proper and relevant to its determination regarding the application. The

14  Commonwealth may present proof of any extraordinary circumstances that

15  exist to deny the application. A victim of any offense listed in the application

16  shall have an opportunity to be heard at any hearing held under this section.

17  (c) If the court determines that circumstances warrant vacation and expungement

18  and that the harm otherwise resulting to the applicant clearly outweighs the

19  public interest in the criminal history record information being publicly

20  available, then the original conviction or convictions shall be vacated and the

21  records shall be expunged. The order of expungement shall not preclude a

22  prosecutor's office from retaining a nonpublic record for law enforcement

23  purposes only.

24 (5) The court may order the judgment vacated, and if the judgment is vacated the court

25  shall dismiss with prejudice any charges which are eligible for expungement under

26  subsection (1) of this section or KRS 431.076 or 431.078, and, upon full payment of

27  the fee in subsection (11) of this section, order expunged all records in the custody

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1   of the court and any records in the custody of any other agency or official, including

2   law enforcement records, if the court finds that:

3   (a) The person had not in the five (5) years prior to the filing of the application to

4   have the judgment vacated been convicted of a felony or a misdemeanor;

5   (b) No proceeding concerning a felony or misdemeanor is pending or being

6   instituted against the person; and

7   (c) For an application pursuant to subsection (1)(d) of this section, the person has

8   been rehabilitated and poses no significant threat of recidivism.

9 (6) If the court has received a response from the office of the Commonwealth's attorney

10  or county attorney that prosecuted the case stating no objection to the application to

11  have the judgment vacated, or if one hundred twenty (120) days have elapsed since

12  the filing of the application and no response has been received from the victim or

13  the office of the Commonwealth's attorney or county attorney that prosecuted the

14  case, the court may, without a hearing, vacate the judgment in the manner

15  established in subsection (5) of this section.

16 (7) Upon entry of an order vacating and expunging a conviction, the original conviction

17  shall be vacated and, upon full payment of the fee in subsection (11) of this section,

18  the record shall be expunged. The court and other agencies shall cause records to be

19  deleted or removed from their computer systems so that the matter shall not appear

20  on official state-performed background checks. The court and other agencies shall

21  reply to any inquiry that no record exists on the matter. The person whose record is

22  expunged shall not have to disclose the fact of the record or any matter relating

23  thereto on an application for employment, credit, or other type of application. If the

24  person is not prohibited from voting for any other reason, the person's ability to

25  vote shall be restored and the person may register to vote.

26 (8) An order vacating a conviction under this section shall not extend or revive an

27  expired statute of limitations, shall not constitute a finding of legal error regarding

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1   the proceedings leading to or resulting in the conviction, shall not nullify any

2   findings of fact or conclusions of law made by the trial court or any appellate court

3   regarding the conviction, and shall not constitute a finding of innocence regarding

4   the conviction.

5 (9) The Administrative Office of the Courts shall establish a form application to be

6   used in filing an application to have judgment vacated and records expunged.

7 (10) The filing fee for an application to have judgment vacated and records expunged

8   shall be fifty dollars ($50), which shall be deposited into a trust and agency account

9   for deputy clerks and shall not be refundable.

10 (11) (a) Upon the issuance of an order vacating and expunging a conviction pursuant

11  to this section, the applicant shall be charged an expungement fee of two

12  hundred fifty dollars ($250), which may be payable by an installment plan in

13  accordance with KRS 534.020.

14  (b) When the order is issued, the court shall set a date, no sooner than eighteen

15  (18) months after the date of the order, by which the defendant must comply

16  with the installment payment plan. The applicant shall be given notice of the

17  total amount due, the payment frequency, and the date by which all payments

18  must be made. The notice shall state that the expungement cannot be

19  completed until full payment is received, and that if the applicant has not

20  completed the installment payment plan by the scheduled date, he or she shall

21  appear on that date to show good cause as to why he or she is unable to satisfy

22  the obligations. Notwithstanding provisions of KRS 534.020 to the contrary,

23  no applicant shall be ordered to jail for failure to complete an installment plan

24  ordered pursuant to this section.

25  (c) The revenues and interest from the expungement fee shall be deposited in the

26  expungement fund created in KRS 431.0795.

27 (12) This section shall be retroactive.

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1   SECTION 32. A NEW SECTION OF KRS CHAPTER 367 IS CREATED TO

2 READ AS FOLLOWS:

3 (1) Any of the following shall be deemed an unfair, false, misleading, or deceptive act

4   or practice in the conduct of trade or commerce in violation of KRS 367.170:

5   (a) On and after April 30, 2027, a violation of any provision of Subtitle 13 of

6   KRS Chapter 286 by a person subject to regulation as a virtual currency

7   kiosk operator or agent under that subtitle; and

8   (b) A violation of Section 33 of this Act.

9 (2) All of the remedies, powers, and duties provided to the Attorney General or any

10  other person under KRS 367.110 to 367.300, and the penalties provided in KRS

11  367.990, pertaining to acts and practices declared unlawful by KRS 367.170, shall

12  apply with equal force and effect to any of the following:

13  (a) On and after April 30, 2027, a violation of any provision of Subtitle 13 of

14  KRS Chapter 286 by a person subject to regulation as a virtual currency

15  kiosk operator or agent under that subtitle; and

16  (b) A violation of Section 33 of this Act.

17 (3) (a) The remedies and penalties prescribed in this section shall be cumulative.

18  (b) This section shall not be construed to limit or restrict the powers, duties,

19  remedies, or penalties available to the Attorney General, the

20  Commonwealth, or any other person under any other statutory or common

21  law.

22  SECTION 33. A NEW SECTION OF KRS 369.130 TO 369.139 IS CREATED

23 TO READ AS FOLLOWS:

24 (1) As used in this section, "hardware wallet provider" or "provider" means a

25  person that offers or provides a hardware wallet.

26 (2) (a) A hardware wallet provider shall provide the following disclosures to

27  customers for all hardware wallets sold in Kentucky:

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1   1. All information that a customer should retain, maintain, and store in

2              order to:

3              a. Access the contents of a wallet; and

4              b. Backup and restore a wallet; and

5   2. If applicable:

6              a. The provider does not retain, maintain, or store the information

7                    that a customer needs to:

8                    i. Access the contents of a wallet; or

9                    ii. Backup and restore a wallet; and

10             b. The customer's loss of the information referenced in

11                   subparagraph 1. of this paragraph will likely result in a total loss

12                   of the contents of a wallet.

13  (b) The disclosures required under paragraph (a) of this subsection shall be:

14  1. Displayed during wallet setup;

15  2. Contained in product packaging;

16  3. On the provider's website;

17  4. Furnished together in a clear and coherent manner;

18  5. In the same color, font, and size as the other language primarily used

19             for the wallet setup, in the product packaging, or on the provider's

20             website, as applicable; and

21  6. Available in a format that can be easily downloaded, printed, or

22             otherwise retained by the customer.

23 (3) A violation of this section shall be deemed unlawful as provided in Section 32 of

24  this Act.

25 (4) (a) The remedies and penalties prescribed in this section shall be cumulative.

26  (b) This section shall not be construed to limit or restrict the powers, duties,

27  remedies, or penalties available to the Attorney General, the

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1  Commonwealth, or any other person under any other statutory or common

2  law.

3 (5) The Attorney General may promulgate administrative regulations in accordance

4  with KRS Chapter 13A necessary to effectuate, or as an aid to the effectuation of,

5  the proper enforcement of this section.

6  Section 34. Sections 1 to 31 of this Act take effect April 30, 2027.

7  Section 35. On or before January 1, 2027, the commissioner of the Kentucky

8 Department of Financial Institutions shall promulgate any emergency and ordinary

9 administrative regulations required under Sections 1 to 30 of this Act.

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