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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 2 HOUSE BILL 920 Committee Substitute Favorable 6/2/26 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 1 HOUSE BILL 920 Short Title:
Virtual Currency Kiosk Consumer Prot.
NC Digital Asset Freedom Act.
Act.
Representatives N.
Jackson, Ross, and Biggs (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
April 14, 2025 A BILL TO BE ENTITLED AN ACT TO ENACT THE VIRTUAL CURRENCY KIOSK CONSUMER PROTECTION ACT.
Commerceand EconomicDevelopment, iffavorable,Finance,if favorable, Rules, Calendar, and Operations of the House April 14, 2025 A BILL TO BE ENTITLED AN ACT TO ALLOW THE USE OF DIGITAL ASSETS IN ECONOMIC TRANSACTIONS AND IN THE PAYMENT OF TAXES AND TO ESTABLISH PROTECTIONS FOR NEW CUSTOMERS TRANSMITTING DIGITAL ASSETS.
Chapter 53 of the General Statutes is amended byadding a new Article to read:
Chapter 66 of the General Statutes is amended byadding a new Article to read:
"Article 26.
"Article 52.
"Virtual Currency Kiosk Consumer Protection Act.
"North Carolina Digital Asset Freedom Act.
"§ 53-441.
"§ 66-511.
This Article may be cited as the Virtual Currency Kiosk Consumer Protection Act.
This Article may be cited as the North Carolina Digital Asset Freedom Act.
"§ 53-442.
"§ 66-512.
Definitions.
Legislative findings.
The following definitions apply in this Article:
The General Assembly finds all of the following:
(1) Bank Secrecy Act.
(1) The General Assembly finds that digital assets, when properly regulated and aligned with principles of decentralization, security, and resilience, can be a valid and stable medium for economic exchange.
– The Bank Secrecy Act, 31 U.S.C.
(2) The principles set forth in this Article reflect North Carolina's commitment to fostering innovation, commerce, and privacy.
§ 5311, et seq., and its implementing rules and regulations, as amended and recodified from time to time.
(3) The General Assembly further finds that decentralized digital assets, which are not governed by any central entity or foundation, align with the economic principles of limited, noninflationary money and are capable of ensuring the security and integrity of transactions.
(2) Blockchain.
"§ 66-513.
– A distributed digital ledger or database which is chronological, consensus-based, decentralized, and mathematically verified in nature.
Scope.
(3) Blockchain analytics.
This Article applies only to a digital asset that satisfies all of the following requirements:
– A software service that uses data from various virtual currencies and their applicable blockchains to provide a risk rating specific to digital wallet addresses from users of virtual currency kiosks.
(1) Decentralization and fair issuance.
(4) Commissioner.
– The digital asset shall have been launched fairly, without pre-mining, insider allocations, or central authority control, and shall not rely on a single entity, foundation, or small group of insiders for its ongoing operation or governance.
– The Commissioner of Banks of the State of North Carolina.
(2) Lack of centralized governance.
(5) Digital wallet.
– The digital asset shall operate without unilateral control overprotocolchanges, and anyupgrades shall occurthrough a decentralized, voluntary consensus mechanism that prevents governance capture.
– Hardware or software that enables individuals to store and use virtual currency.
(3) Security and immutability.
(6) Digital wallet address.
– The asset shall have a proven track record of security spanning at least 10 years, without any successful protocol-level *H920-v-1* General Assembly Of North Carolina Session 2025 hacks or rollbacks.
– Analphanumericidentifierrepresenting adestination on a blockchain for a virtual currency transfer that is associated with a digital wallet.
Transactions shall be immutable once confirmed, preventing centralized actors from altering the ledger history.
(7) Existing virtual currency customer.
(4) Market longevity and free market endurance.
– A person whose first transaction with a licensee to transmit virtual currency occurred more than 30 days ago.
– The digital asset shall have operated continuously in an open, permissionless market for at least 10 years, without requiring external intervention or state support to maintain viability, and shall have survived regulatory scrutiny without being classified as a security.
(8) Federal Deposit Insurance Corporation or Securities Investor Protection Corporation.
(5) Liquidity and market depth.
– A bank, credit union, savings and loan association, trust company, savings association,savings bank,industrial bank,orindustrial loan company organized under the laws of the United States or any state of the United States, if the bank, credit union, savings and loan association, trust company, savings association,savings bank,industrial bank,orindustrial loan company has federally insured deposits.
– The digital asset shall have a minimum market capitalization of seven hundred fifty billion dollars ($750,000,000,000) and a daily trading volume exceeding ten billion dollars ($10,000,000,000), with availability across multiple highly regulated U.S.
*H920-v-2* General Assembly Of North Carolina Session 2025 (9) Fiat currency.
exchanges to ensure institutional-grade liquidity and price discovery.
– A medium of exchange that is authorized or adopted by the United States government as part of its currency and is not backed by a commodity.
(6) Regulatory clarity and legal standing.
(10) Individual.
– The digital asset shall have been deemed a commodity or an equivalent non-security by U.S.
– A natural person.
regulators, such as the U.S.
(11) New virtual currency customer.
Securities and Exchange Commission, U.S.
– A person that has no previous transactions with a licensee to transmit virtual currency or a person whose first transaction with a licensee to transmit virtual currency occurs within the past 30 days.
Commodity Futures Trading Commission, or other relevant authorities.
(12) NMLS.
Assets subject to ongoing litigation or regulatory uncertainty regarding their classification as a security are disqualified.
– The Nationwide Multistate Licensing System and Registry developed by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators and owned and operated by the State Regulatory Registry, LLC, or any successor or affiliated entity, for the licensing and registration of persons in financial services industries.
(7) Energy-based consensus and cost ofattack.– The digital asset shall besecured by a proof-of-work mechanism, ensuring that attacks require significant real-world economic resources.
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(13) Spread.
The cost of a fifty-one percent (51%) attack shall be demonstrably high, ensuring network security is infeasible to compromise.
– The amount, in United States dollars, of any difference between the United States dollar price of the virtual currency that is charged to the customer and the United States dollar price of the virtual currency as listed by a licensed virtual currency exchange.
(8) Censorship resistance.
(14) United States PATRIOT Act.
– Transactions shall be permissionless, meaning no entity, government, or corporation can prevent users from sending or receiving funds.
– The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 and its implementing rules and regulations, as amended and recodified from time to time.
The network shall be operational across multiple jurisdictions, with globally distributed nodes and miners, preventing geographical or political capture.
(15) Virtual currency.
(9) Network resilience and uptime.
– Any type of digital unit that is used as a medium of exchange or a form of digitally stored value or that is incorporated into payment system technology.
– The digital asset's network shall have maintained ninety-nine and ninety-eight hundredths percent (99.98%) uptime or better, functioning independently of third-party financial institutions, ensuring accessibility during market crises, bank failures, or geopolitical instability.
Virtual currency shall be construed to include digital units ofexchangethat(i)haveacentralizedrepositoryoradministrator, (ii) are decentralized and have no centralized repository or administrator, or (iii) maybe created or obtained bycomputingor manufacturing effort.
(10) Predictable and non-inflationary supply.
Virtual currency shall not be construed to include digital units that are used (i) solely within online gaming platforms with no market or application outside of such gaming platforms or (ii) exclusively as part of a consumer affinity or rewards program and can be applied solely as payment for purchases with the issuer or other designated merchants but cannot be converted into or redeemed for fiat currency.
– The asset shall have a strictly limited total supply and a fully transparent, programmatically enforced issuance schedule, ensuring long-term scarcity and resistance to arbitrary inflationary issuance.
(16) Virtual currency kiosk.
"§ 66-514.
– Any fully automated electronic machine owned, operated, or used by a virtual currency kiosk operator that enables the owner or operator to facilitate the transfer of fiat currency to a public key that is recorded on the block chain, as directed by the customer.
Recognition of digital assets as valid medium of exchange.
(17) Virtual currency kiosk operator.
Digital assets are recognized as a valid medium of exchange in North Carolina.
– A corporation, limited liability company, limited liability partnership, or foreign entity qualified to do business in the State which operates a virtual currency kiosk within the State.
A transaction shall not be denied legal effect or enforceability solely because it uses a digital asset.
"§ 53-443.
"§ 66-515.
Confidentiality.
Privacy and security protections.
(a) Except as otherwise provided in this section, all information or reports obtained by the Commissioner from a virtual currency kiosk operator and all information contained in or related to an examination, investigation, operating report, or condition report prepared by, on behalf of, or for the use of the Commissioner, are confidential and are not public records.
(a) Except as otherwise provided by law, a party to a transaction that uses a digital asset shall not require another party to disclose personal financial information.
(b) Information contained in the records of the Commissioner that is not confidential and may be available to the public either on the Commissioner's website, upon receipt by the Commissioner of a written request, or in NMLS shall include:
(b) The State of North Carolina shall ensure that privacy protections are in place for persons using digital assets, in compliance with applicable privacy and data protection laws.
(1) The name, business address, telephone number, and unique identifier of a virtual currency kiosk operator;
"§ 66-516.
(2) The business address of a virtual currency kiosk operator's registered agent for service;
Payment of taxes in digital assets.
and Page 2 House Bill 920-Second Edition General Assembly Of North Carolina Session 2025 (3) Copies of any final orders of the Commissioner relating to any violation of this Article or rules implementing this Article.
As provided in G.S.
"§ 53-444.
105-241, a person may choose to use a digital asset to pay taxes to the Department of Revenue." SECTION2.
Relationship to federal law.
Article16BofChapter53oftheGeneralStatutesisamendedbyadding a new section to read:
If anything in this Article is inconsistent with federal law, including, but not limited to, the Bank Secrecy Act or the United States PATRIOT Act, the applicable federal law shall govern to the extent of any inconsistency.
"§ 53-208.70.
"§ 53-445.
New virtual currency customers;
Supervision.
daily transaction limit;
(a) The Commissioner may request evidence of compliance with this Article or a rule adopted or order issued under this Article as reasonably necessary or appropriate to administer and enforce this Article, and other applicable law, including the Bank SecrecyAct and the United States PATRIOT Act.
refund for fraud.
(b) A virtual currency kiosk operator shall provide the Commissioner all records the Commissioner may reasonably require to ensure compliance with this Article.
Page 2 House Bill 920-First Edition General Assembly Of North Carolina Session 2025 (a) In this section, the following definitions apply:
"§ 53-446.
(1) Kiosk.
Disclosures.
– An electronic terminal acting as a mechanical agent of a licensee.
(a) DisclosuresofMaterialRisks.–Aspartofestablishingarelationshipwithacustomer, and prior to entering into an initial transaction for, on behalf of, or with the customer, each virtual currency kiosk operator shall disclose in clear, conspicuous, and legible writing in the English language, whether in accessible terms of service or elsewhere, all material risks associated with its products, services, and activities and virtual currency generally, including disclosures substantially similar to the following:
(2) "New virtual currency customer" of a licensee.
"Virtual currencyis not legal tender,is not backedbythe government, andaccounts andvalue balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections.
– A person whose first transaction with the licensee to transmit virtual currency occurred within 72 hours.
Transactions in virtual currency may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable.
(b) A licensee shall impose a daily transaction limit equivalent to two thousand dollars ($2,000) on a new virtual currency customer for transmissions of virtual currency through a kiosk.
The nature of virtual currency may lead to an increased risk of fraud or cyber attack.
(c) The licensee shall refund the full amount of a transmission of virtual currency to a person if all of the following apply:
The nature of virtual currency means that any technological difficulties experienced by the virtual currency kiosk operator may prevent the access or use of a customer's virtual currency.
(1) At the time of the transmission, the person was a new virtual currency customer.
Any bond or trust account maintained by the virtual currency kiosk operator for the benefit of its customers may not be sufficient to cover all losses incurred by customers." (b) Disclosure of General Terms and Conditions.
(2) The person was fraudulently induced to transmit the virtual currency.
– When opening an account for a new customer, and prior to entering into an initial transaction for, on behalf of, or with the customer, each virtual currency kiosk operator shall disclose in clear, conspicuous, and legible writing in the English language, whether in accessible terms of service or elsewhere, all relevant terms and conditions associated with its products, services, and activities and virtual currency generally, including disclosures substantially similar to the following:
(3) The person reported the fraudulent nature of the transmission to the licensee within 14 days of the transmission." SECTION 3.
(1) The customer's liability for unauthorized virtual currency transactions.
G.S.
(2) Under what circumstances the virtual currency kiosk operator will, absent a court or government order, disclose information concerning the customer's account to third parties.
105-241 reads as rewritten:
(3) The customer's right to receive periodic account statements and valuations from the virtual currency kiosk operator.
"§ 105-241.
(4) The customer's right to receive a receipt, trade ticket, or other evidence of a transaction.
Where and how taxes payable;
(5) The customer's right to prior notice of a change in the virtual currency kiosk operator's rules or policies.
tax period;
(6) The amount of the transaction denominated in United States dollars as well as the applicable virtual currency.
liens.
(7) Any fees or expenses charged by the virtual currency kiosk operator.
(a) Form of Payment.
(8) Any applicable exchange rates.
– Taxes are payable in either the national currency.
House Bill 920-Second Edition Page 3 General Assembly Of North Carolina Session 2025 (9) Other disclosures as are customarily given in connection with the opening of customer accounts.
currency or a digital asset that satisfies the requirements of G.S.
(c) Warning Disclosure.
66-513.
– Prior to entering into a virtual currency transaction with a customer, each virtual currency kiosk operator shall ensure a warning is disclosed to a customer substantially similar to the following:
The Secretary shall prescribe where taxesareto bepaidandwhethertaxesmustbepaid incash,bycheck,byelectronicfundstransfer, or by another method.
"Customer Notice.
(a1) PaymentbyDigitalAsset;ReportingDigital Asset Transactions.– Ifapersonchooses to pay taxes with a digital asset, the person shall report the U.S.
Please Read Carefully.
dollar equivalent of the payment amount using the digital asset-to-dollar exchange rate at the time of payment.
Were you contacted by someone urging you to use this kiosk? If so, you may be the victim of a scam, and you should NOT PROCEED with the transaction.
Additionally, if a person reports a transaction using a digital asset, the person shall include the U.S.
Scammers often pretend to be:
dollar equivalent of the amount of the transaction using the digital asset-to-dollar exchange rate at the time the transaction occurred.
· Your bank;
The Department of Revenue shall maintain on its website digital asset-to-dollar exchange rates and shall update these rates daily.
· Your software provider (these scammers often make contact through a pop-up message on your computer);
This subsection applies only to digital assets that satisfy the requirements of G.S.
· A new friend or romantic interest who needs money (or who can help you invest in cryptocurrency);
66-513.
· The police;
…." SECTION 4.
· A government agency (such as Social Security, Medicare, or the IRS);
· A utility;
· An investment advisor;
· A legal official (who may say that you have a criminal warrant or missed jury duty or owe bail money);
or · A legitimate sweepstakes (claiming you won the lottery and have to prepay to receive your winnings).
DO NOT USE THIS KIOSK under any of these circumstances or other situations where you are pressured to make a payment through a kiosk.
Also, you should immediately report the scam to law enforcement.
I understand that the purchase and sale of cryptocurrency is a final irreversible and nonrefundable transaction.
I confirm I am sending funds to a wallet I own or directly have control over.
I confirm that I am using funds gained from my own initiative to make my transaction." (d) Disclosures Before Each Transaction.
– Prior to the completion of each virtual currency transaction, each virtual currency kiosk operator shall ensure the following is disclosed in a clear and conspicuous manner to the customer:
(1) All fees and expenses associated with the transaction.
(2) The exchange rates.
(3) The spread, as defined in G.S.
53-442.
(4) Any customer liability.
"§ 53-447.
Receipts.
(a) An owner of a virtual currency kiosk or a virtual currency kiosk operator, upon the completion of a virtual currency transaction, shall provide to the customer a receipt containing:
(1) The name of, and contact information for, the owner of the virtual currency kiosk or the virtual currency kiosk operator, including, without limitation, the owner of the virtual currency kiosk's or the virtual currency kiosk operator's business address and a customer service telephone number established by the owner of a virtual currency kiosk or the virtual currency kiosk operator to answer questions and register complaints.
(2) The name of the customer.
(3) The type, value, date and precise time of the virtual currency transaction, transaction hash or identification number, and each virtual currency address.
(4) The amount of the virtual currency transaction expressed in United States dollars.
(5) The public virtual currency address of the customer.
(6) The unique identifier of the virtual currency kiosk operator.
Page 4 House Bill 920-Second Edition General Assembly Of North Carolina Session 2025 (7) Any fee charged, including, without limitation, a fee charged directly or indirectly by the owner of the virtual currency kiosk or the virtual currency kiosk operator or a third party involved in the virtual currency transaction.
(8) The exchange rate of the virtual currency to United States dollars.
(9) Any tax collected by the owner of the virtual currency kiosk or the virtual currency kiosk operator for the virtual currency transaction.
(10) A statement of the liability of the owner of the virtual currency kiosk or the virtual currency kiosk operator for nondelivery or delayed delivery.
(11) A statement of the refund policy of the owner of the virtual currency kiosk or the virtual currency kiosk operator.
(12) The name and telephone number of the Commissioner, and a statement disclosing that customers may contact the Commissioner with questions or complaints about virtual currency kiosk services provided by the owner or operator of the virtual currency kiosk.
(13) The name of the licensed virtual currency exchange the operator used to calculate the spread.
(14) The name and contact information of the designated recipient of the controllable electronic record transaction.
(15) Any additional information the Commissioner may require.
(b) The receipt required under subsection (a) of this section shall be provided as a physical written receipt unless the customer requests to receive an electronic receipt.
The receipt shall satisfy all of the following:
(1) Have a retainable form.
(2) Be written in English and in the language principallyused by the owner of the virtual currency kiosk or the virtual currency kiosk operator to advertise, solicit, or negotiate, orally or in writing.
"§ 53-448.
Blockchain analytics.
All virtual currency kiosk operators must use blockchain analytics software to assist in the prevention of sending purchased virtual currency from a virtual currency kiosk operator to a digital wallet known to be affiliated with fraudulent activity at the time of a transaction.
The Commissioner may request evidence from any virtual currency kiosk operator of current use of blockchain analytics.
"§ 53-449.
Customer service.
All virtual currency kiosk operators performing business in the State must provide live customer service, at a minimum, on Monday through Friday between 8:00 A.M.
EST and 10:00 P.M.
EST.
The customer service toll-free number must be displayed on the virtual currencykiosk or the virtual currency kiosk screens.
"§ 53-450.
Anti-fraud policy.
All virtual currency kiosk operators shall take reasonable steps to detect and prevent fraud, including establishing and maintaining a written anti-fraud policy.
The anti-fraud policy shall, at a minimum, include:
(1) The identification and assessment of fraud-related risk areas.
(2) Procedures and controls to protect against identified risks.
(3) Allocation of responsibility for monitoring risks.
(4) Procedures for the periodic evaluation and revision of the anti-fraud procedures, controls, and monitoring mechanisms.
"§ 53-451.
Compliance policies.
(a) Each virtual currency kiosk operator is required to comply with the provisions of this Article, any lawful order, or rule, made or issued under the provisions of this Article, and all applicable federal and State laws, rules, and regulations.
House Bill 920-Second Edition Page 5 General Assembly Of North Carolina Session 2025 (b) Each virtual currency kiosk shall maintain, implement, and enforce written compliance policies and procedures.
Those policies and procedures must be reviewed and approved by the virtual currency kiosk operator's board of directors or an equivalent governing body of the virtual currency kiosk operator.
"§ 53-452.
Compliance officer.
(a) Each virtual currencykiosk operator must designate and employ a compliance officer with the following requirements:
(1) The individual must be qualified to coordinate and monitor compliance with this Article and all other applicable federal and State laws, rules, and regulations.
(2) The individual must be employed full time by the virtual currency kiosk operator.
(3) The designated compliance officer cannot be any individual who owns more than twentypercent (20%) of the virtual currencykiosk operator bywhom the individual is employed.
(b) Compliance responsibilities required under federal and State laws, rules, and regulations shall be completed by full-time employees of the virtual currency kiosk operator.
"§ 53-453.
Consumer protection officer.
Each virtual currency kiosk operator must designate and employ a consumer protection officer with each of the following requirements:
(1) The individual must be qualified to coordinate and monitor compliance with this Article and all other applicable federal and State laws, rules, and regulations.
(2) The individual must be employed full time by the virtual currency kiosk operator.
(3) Thedesignated consumer protectionofficer cannot beanindividual whoowns more than twenty percent (20%) of the virtual currency kiosk operator by whom the individual is employed.
"§ 53-454.
Reporting virtual currency kiosk locations.
(a) Each virtual currency kiosk operator shall submit a report of the location of each virtual currency kiosk located within the State within 45 days of the end of the calendar quarter.
The Commissioner shall formulate a system for virtual currency kiosk operators to submit location information consistent with the requirements of this section.
(b) The location report shall include, at a minimum, the following regarding the location where a virtual currency kiosk is located:
(1) Company legal name.
(2) Any fictitious or trade name.
(3) Physical address.
(4) Start date of operation of virtual currency kiosk at location.
(5) End date of operation of virtual currency kiosk at location, if applicable.
"§ 53-455.
Money transmitter license.
Any virtual currency kiosk operator who owns, operates, solicits, markets, advertises, or facilitates virtual currency kiosks in this State shall be deemed to be engaged in money transmission and require licensure under Article 16B of this Chapter.
"§ 53-456.
Virtual currency customers;
daily limit;
refunds;
cancellation;
fees.
(a) Daily Limit.
– A virtual currency kiosk operator shall impose a daily transaction limit equivalent to the following dollar values for transmissions of virtual currency through one or more of the operator's kiosks:
(1) One thousand dollars ($1,000) for a new virtual currency customer.
(2) Two thousand five hundred dollars ($2,500) for an existing virtual currency customer.
Page 6 House Bill 920-Second Edition General Assembly Of North Carolina Session 2025 (b) Refunds.
– The virtual currency kiosk operator shall refund the full dollar amount deposited into a kiosk if all of the following apply:
(1) The person was fraudulently induced to transmit the virtual currency.
(2) The person reported the fraudulent nature of the transmission to the virtual currency kiosk operator within 30 days of the transmission.
(c) Cancellation of Transaction.
– A customer shall have the option to cancel any transaction and receive a full and immediate refund if the cancellation is done before the transaction is completed.
The kiosk shall provide a receipt compliant with G.S.
53-447 for any cancelled transaction.
(d) Fees.
– The aggregate fees and charges directly or indirectly charged to a customer related to a single transaction or series of related transactions involving virtual currency effected through a virtual currency kiosk in this State, including any difference between the price charged to a customer to buy, sell, exchange, swap, or virtual currency and the prevailing market value of such virtual currency at the time of such transaction, shall not exceed three percent (3%) of the United States dollar equivalent of the virtual currency involved in the transaction or transactions.
"§ 53-457.
Unfair trade practice.
A violation of this Article is an unfair trade practice under G.S.
75-1.1.
"§ 53-458.
Facilitating or inducing a fraudulent virtual currency kiosk transaction a misdemeanor.
It is unlawful for any person to facilitate or induce a fraudulent virtual currency kiosk transaction.
Any person that violates this section is guilty of a Class 1 misdemeanor.
"§ 53-459.
Local government authority not preempted.
Anylocal government may regulate virtual currencykiosks in a manner that does not conflict with this Article.
Nothing in this Article shall limit a local government's authority to impose greater requirements or restrictions on virtual currency kiosks.
"§ 53-460.
Additional authorities and remedies.
The implementation, administrative authority, and enforcement provisions of Article 16B of this Chapter apply to this Article." SECTION 2.
SECTION3.(a) NolaterthanDecember1,2026,theCommissionershalladopt rules necessary to implement the provisions of this act.
SECTION 5.
SECTION 3.(b) This section is effective when it becomes law.
G.S.
SECTION 4.
66-516, as enacted by Section 1 of this act, and Section 3 of this act become effective January1, 2026.
Unless otherwise provided, this act becomes effective December 1, 2026, and applies to offenses committed on or after that date.
The remainder of this act is effective when it becomes law.
House Bill 920-Second Edition Page 7
House Bill 920-First Edition Page 3
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