Amendment vs bill Senate Committee Amendment, #1302, COM, Adopted vs Enrolled

Struck = removed from the bill · added = the amendment's new text.

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Regular Session ENROLLED SENATE BILL NO.
SCASB287 2810 1302 SENATE COMMITTEE AMENDMENTS Regular Session Amendments proposed by Senate Committee on Commerce, Consumer Protection and International Affairs to Original Senate Bill No.
287 BY SENATOR REESE AN ACT To amend and reenact R.S.
287 by Senator Reese AMENDMENT NO.
6:1389(B), 1393.1(E)(6), (F)(4), the introductory paragraph of 1393.1(H),and1393.1(H)(1),(2),(3),and(6)andtoenactR.S.6:1389(C),(D),and (E) and 1393.1(E)(7), relative to virtual currency;
1 On page 1, line 3, change "R.S.
to provide for virtual currency kiosks;
6:1389(C)," to "R.S.
to provide for cancellation and refund of transactions;
6:1389(B), (C)," AMENDMENT NO.
to provide for reporting and disclosures;
2 On page 1, at the end of line 10, change "R.S.
to provide for terms, conditions, and procedures;
6:1389(C)," to "R.S.
and to provide for related matters.
6:1389(B), (C)," AMENDMENT NO.
Be it enacted by the Legislature of Louisiana:
3 On page 1, between lines 14 and 15, insert:
Section 1.
"B.(1) The owner or operator of a virtual currency kiosk shall wait seventy-two hours before processing a user's virtual currency kiosk transaction or shall, at such owner's or operator's cost and within seventy-two hours after a virtual currencykiosk transaction, allow the user to cancel and receive a full refund for the virtual currency kiosk transaction.
R.S.
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection orany otherprovisionoflawtothecontrary,theowneroroperatorofavirtual currency kiosk shall, at the owner or operator's cost, allow the user to cancel and receivea full refund for a virtual currency kiosk transaction at any time if the owner or operator was not licensed under the provisions of this Chapter at the time of the transaction." AMENDMENT NO.
6:1389(B), 1393.1(E)(6), (F)(4), the introductory paragraph of 1393.1(H), and 1393.1(H)(1), (2), (3), and (6) are hereby amended and reenacted and R.S.
4 On page 1, end of line 17, insert:
6:1389(C), (D), and (E) and 1393.1(E)(7) are herebyenacted to read as follows:
"Avirtualcurrencykioskowneroroperator'sresponseshallclearlydiscloseall requirements for a refund.
§1389.
Virtual currencykiosks;
maximum daily transaction limit;
cancellation and refund * * * B.(1) The owner or operator of a virtual currency kiosk shall wait seventy-two hours before processing a user's virtual currency kiosk transaction or shall, at such owner's or operator's cost and within seventy-two hours after a virtual currencykiosk transaction, allow the user to cancel and receive a full refund for the virtual currency kiosk transaction.
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection orany otherprovisionoflawtothecontrary,theowneroroperatorofavirtual currency kiosk shall, at the owner or operator's cost, allow the user to cancel Page 1 of 4 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
287 ENROLLED and receive a full refund for a virtual currencykiosk transaction at any time if theowneroroperatorwasnotlicensedinaccordancewiththeprovisionsofthis Chapter at the time of the transaction.
C.(1)Avirtualcurrencykioskowneroroperatorshallacknowledgeand respond to a cancellation and refund request made pursuant to the provisions of Subsection B of this Section within ten business days.
A virtual currency kiosk owner or operator's response shall clearly disclose all requirements for a refund.
Submitting either a police report or proof of a complaint submitted to the Internet Crime Complaint Center to the owner or operatorof a virtual currency kiosk shall constitute suspected fraudulent activity.
Submitting either a police report or proof of a complaint submitted to the Internet Crime Complaint Center to the owner or operatorof a virtual currency kiosk shall constitute suspected fraudulent activity." AMENDMENT NO.
(3)Anyrefund requestedpursuanttothis Subsection shallbeprocessed andcompletedeitherwithinninetycalendardaysfromtheuser'sinitialrequest orninetycalendardaysfromwhentheusersubmittedproofofapoliceorother governmental entity report of the suspected fraudulent activity and proof of identification, if such requirements are part of the owner or operator's refund policy and these requirements were clearly communicated to the user in compliance with Paragraph (1) of this Subsection, whichever is later.
5 On page 2, delete lines 1 and 2, and insert:
D.Eachvirtualcurrencykiosk owneroroperatorshalloffer,duringthe hours of operation of the virtual currency kiosk, live customer support by telephone from a toll-free number prominently displayed on the virtual currency kiosk.
"(3) Any refund requested pursuant to this Subsection shall be processed and completed either within ninety calendar days from the user's initial request or ninety calendar days from when the user submitted proof of a police or other governmental entity report of the suspected fraudulent activity and proof of identification, if such requirements are part of the owner or operator's refund policy and these requirements were clearly communicated to the user in compliance with Paragraph (1) of this Subsection, whichever is later." Page 1 of 1
The toll-free number shall also be provided on the customer receipt to a transaction as provided in R.S.
6:1393.1(H).
E.Eachvirtualcurrencykioskowneroroperatorshallsubmitquarterly reports to the commissioner of all cancellation and refund requests made by residentspursuanttotheprovisionsofthisSection.Thereportshallincludethe name and contact information of the customer who made the request, the Page 2 of 4 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
287 ENROLLED transaction date, and the amount of the transaction that was requested to be cancelled.
* * * §1393.1.
Required disclosures * * * E.
When opening a new account, and prior to entering into an initial transaction with, for, or on behalf of a resident, each licensee shall disclose in clear, conspicuous, and legible writing in the English language all relevant terms and conditions associated with its virtual currencyproducts, services, and activities and virtual currency generally, including but not limited to the following:
* * * (6)Theresident'srighttocontacttheofficeoffinancialinstitutions with complaints or questions about the virtual currency kiosk operator's services.
The licenseeshall include in this disclosure the telephone number fortheoffice of financial institutions.
(7) Any other disclosures as are customarily given in connection with the opening of resident accounts.
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F.
Prior to each transaction in virtual currency with, for, or on behalf of a resident, each licensee shall furnish to each such customer or account holder a written disclosure in clear,conspicuous, and legible writing in the English language containing the terms and conditions of the transaction, including but not limited to the following:
* * * (4) A notice that once executed, the transaction is not reversible may be cancelledwithinseventy-twohoursandafullrefundmaybereceivedpursuant to the provisions of R.S.
6:1389(B).
* * * H.
Upon completion of any transaction, each licensee shall provide to the resident, both in paper and electronic form, a receipt containing all of the following information:
Page 3 of 4 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
SB NO.
287 ENROLLED (1) The name and contact information of the licensee, including but not limited to the licensee's business address and a customer service toll-free telephone number established by the licensee to answer questions, to allow residents to canceltransactions and receivea full refund for a virtual currency kiosktransactionasprovidedinR.S.6:1389(B),andtoallowresidentstoregister complaints.
(2) The type, value,date,andprecisetime ofthetransactionand the unique identifier of the virtual currency kiosk operator.
(3)Thefull amount of eachfeecharged,including butnot limitedtoafee charged directly or indirectly by the virtual currencykiosk operatoror a third party involved in the virtual currency transaction.
* * * (6) A statement of the refund policyof the licensee in accordance with the provisions of R.S.
6:1389.
* * * PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
Page 4 of 4 Coding:
Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.