Public Act 104-0429 (SB 2319), Digital Asset Kiosk Act

Bitcoin Research — Law, Regulation, Markets & Origins (2026)

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Public Act 104-0429

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    AN ACT concerning regulation.

    Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

    Section 1. Short title. This Act may be cited as the
Digital Asset Kiosks Act.

    Section 5. Purpose and construction. The purpose of this
Act is to protect the People of Illinois against the fraud and
scams   in   digital       asset    kiosk    transactions   by   providing
necessary registration requirements, disclosures, and other
safeguards    for    customers.       This    Act   shall   be   liberally
construed to effectuate its purpose.

    Section 10. Definitions. As used in this Act:
    "Affiliate" means any person that controls, is controlled
by, or is under common control with another person. As used in
this paragraph, "control" means the possession, direct or
indirect, of the power to direct or cause the direction of the
management and policies of a person.
    "Applicant" means a person that applies for registration
under this Act.
    "Bank"   means     a    bank,     savings    bank,   savings-and-loan
association, savings association, or industrial loan company
chartered under the laws of this State or any other state or
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under the laws of the United States.
     "Blockchain analytics" means the analysis of data from
blockchains      or     public        distributed       ledgers,         including
associated transaction information.
     "Blockchain analytics software" means a software service
that uses blockchain analytics data to provide risk-specific
information about digital asset wallet addresses, among other
things.
     "Charges"    means:       (i)    fees    or    expenses      paid    by   the
customer; and (ii) the difference between the market price of
the digital asset and the price of the digital asset charged to
the customer.
     "Confidential supervisory information" means information
or documents obtained by employees, agents, or representatives
of   the   Department      in        the   course    of    any     examination,
investigation,        audit,    visit,       registration,       certification,
review, licensing, or any other regulatory or supervisory
activity pursuant to this Act, and any record prepared or
obtained by the Department to the extent that the record
summarizes or contains information derived from any report,
document, or record described in this Act.
     "Credit union" means a credit union chartered under the
laws of this State or any other state or under the laws of the
United States.
     "Department"       means    the       Department     of     Financial     and
Professional Regulation.
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     "Digital asset" means a digital representation of value
that is used as a medium of exchange, unit of account, or store
of   value   and   that    is   not   fiat   currency,    whether   or   not
denominated in fiat currency. "Digital asset" does not include
any of the following: (i) a digital representation of value
which a merchant grants, as part of an affinity or rewards
program, and that cannot be taken from or exchanged with the
merchant for fiat currency or a digital asset; (ii) a digital
representation of value that is issued by or on behalf of a
game publisher, used solely within a gaming platform, has no
market or application outside of such gaming platform, and
cannot be converted into, or redeemed for, fiat currency or
digital assets; or (iii) a digital representation of value
that is used as part of prepaid cards.
     "Digital      asset    exchange"        means   an   exchange       that
facilitates the buying, selling, or exchanging of digital
assets for fiat currency or other digital assets that is
licensed to conduct business in New York as a Virtual Currency
Business Activity licensee or in California under the Digital
Financial Assets Law.
     "Digital asset kiosk" means an automated teller machine
that facilitates the buying, selling, or exchanging of digital
assets for fiat currency or other digital assets.
     "Digital asset kiosk operator" means a registrant or a
person required to register pursuant to this Act.
     "Existing customer" means a person who transacts with the
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operator following the new customer period. For the avoidance
of doubt, "existing customer" includes any customer that is
not a new customer.
    "Federally insured depository institution" shall mean an
insured depository institution as defined by Section 3(c)(2)
of the Federal Deposit Insurance Act, 12 U.S.C. 1813(c)(2), as
amended, or an insured credit union as defined by Section
101(7) of the Federal Credit Union Act, 12 U.S.C. 1752(7), as
amended.
    "Fiat currency" means a medium of exchange or unit of
value issued by the United States or a foreign government and
that is designated as legal tender in its country of issuance.
    "Insolvent"      means    any     of   the   following:        (i)   having
generally   ceased    to     pay   debts   in    the    ordinary    course    of
business other than as a result of a bona fide dispute, (ii)
being unable to pay debts as they become due, and (iii) being
insolvent within the meaning of federal bankruptcy law.
    "Market price of the digital asset" means the current
market price of a particular digital asset publicly quoted on
a digital asset exchange for a particular time, subject to any
rules adopted by the Department.
    "New customer" means a person who has never previously
transacted with the operator. The new customer shall remain
defined as such during the earlier of: (i) the customer's
first   3   transactions      after    opening     an    account     with    the
operator, or (ii) 7 days after opening an account with the
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operator.
    "Operator" means a person who owns, operates, or manages a
digital asset kiosk located in this State.
    "Person"     means,     without         limitation,        any     individual,
corporation,     business         trust,    estate,       trust,      partnership,
proprietorship,       syndicate,           limited        liability       company,
association,      joint       venture,            government,         governmental
subsection, agency or instrumentality, public corporation or
joint-stock company, or any other organization or legal or
commercial entity.
    "Record" means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and
is retrievable in perceivable form.
    "Registrant" means a person registered under this Act.
    "Request for assistance" means all inquiries, complaints,
account disputes, and requests for documentation a digital
asset kiosk operator receives from residents.
    "Responsible      individual"          means    an    individual      who    has
direct control over, or significant management, policy, or
decision-making authority with respect to, a person's digital
asset kiosk business activity in this State.
    "Secretary"       means       the      Secretary      of     Financial       and
Professional Regulation and any authorized representative of
the Secretary.
    "Service     provider"        means     any    person      that    provides   a
material    service    to     a     digital       asset    kiosk      operator    in
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connection with the offering or provision by that operator of
a digital asset business activity in this State, including a
person that either (i) participates in designing, operating,
or maintaining the digital asset business activity, or (ii)
processes    transactions   relating      to   a   digital   asset   kiosk
transaction then unknowingly or incidentally transmitting or
processing    financial   data   in   a   manner     that    the   data   is
undifferentiated from other types of data of the same form as
the person transmits or processes.
    "Tangible net worth" means the aggregate assets of a
registrant, excluding all intangible assets, less liabilities,
as determined in accordance with the United States' generally
accepted accounting principles.

    Section 15. General powers and duties.
    (a) The Department shall have the following functions,
powers, and duties, in carrying out its responsibilities under
this Act:
        (1) to issue or refuse to issue any registration or
    other authorization under this Act;
        (2) to revoke or suspend for cause any registration or
    other authorization under this Act;
        (3) to keep records of all registrations or other
    authorizations under this Act;
        (4) to receive, consider, investigate, and act upon
    complaints made by any person relating to any digital
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    asset kiosk in this State;
        (5) to prescribe the forms of and receive:
             (A)     applications      for   registrations       or    other
        authorizations under this Act; and
             (B) all reports and all books and records required
        to be made under this Act;
        (6) to subpoena documents and witnesses and compel
    their attendance and production, to administer oaths, and
    to require the production of any books, papers, or other
    materials relevant to any inquiry authorized by this Act
    or other law applicable to digital asset business activity
    in this State;
        (7) to issue orders against any person:
             (A)   if    the   Secretary     has    reasonable     cause    to
        believe that an unsafe, unsound, or unlawful practice
        has occurred, is occurring, or is about to occur;
             (B) if any person has violated, is violating, or
        is   about      to   violate   any    law,    rule,   or      written
        agreement with the Secretary; or
             (C)     for     the   purpose     of    administering         the
        provisions of this Act or other applicable law.
        (8) to address any inquiries to any digital asset
    kiosk operator or the directors, officers, or employees of
    the digital asset kiosk operator, or the affiliates or
    service providers of the digital asset kiosk operator, in
    relation to the digital asset kiosk operator's activities
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    and conditions or any other matter connected with its
    affairs,    and    it    shall     be    the     duty     of   any   person    so
    addressed to promptly reply in writing to those inquiries.
    The Secretary may also require reports from any digital
    asset kiosk operator at any time the Secretary chooses;
          (9) to examine the books and records of every digital
    asset kiosk operator, affiliate, or service provider;
          (10) to enforce the provisions of this Act.
          (11) to levy fees, fines, and civil penalties, charges
    for    services,        and   assessments          to     defray      operating
    expenses,     including       direct       and       indirect        costs,    of
    administering this Act.
          (12) to appoint examiners, supervisors, experts, and
    special     assistants        as        needed       to    effectively        and
    efficiently administer this Act.
          (13) to conduct hearings for the purpose of carrying
    out the purposes of this Act;
          (14) to exercise visitorial power over a digital asset
    kiosk operator, affiliate, or service provider;
          (15) to enter into cooperative agreements with federal
    and State regulatory authorities and to accept reports of
    examinations       from       federal          and        State      regulatory
    authorities;
          (16) to impose civil penalties against a digital asset
    kiosk operator, affiliate, or service provider for failing
    to    respond     to     a    regulatory         request       or     reporting
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    requirement;
        (17) to perform any other lawful acts necessary or
    desirable to carry out the purposes and provisions of this
    Act.
    (b) The Department may share any information obtained
pursuant to this Act with law enforcement officials or other
regulatory agencies.

    Section 20. Funds.
    (a) All moneys collected or received by the Department
under this Act shall be deposited into the Digital Asset Kiosk
Fund. The amounts deposited into the Digital Asset Kiosk Fund
shall be used for the ordinary and contingent expenses of the
Department in administering this Act and other financial laws.
Nothing in this Act shall prevent the continuation of the
practice of paying expenses involving salaries, retirement,
social security, and State-paid insurance of State officers
and employees by appropriation from the General Revenue Fund
or any other fund. Moneys deposited into the Digital Asset
Kiosk Fund may be transferred to the Professions Indirect Cost
Fund or any other Department fund.
    (b) The expenses of administering this Act, including
investigations and examinations provided for in this Act,
shall be borne by and assessed against persons regulated by
this Act. The Department may establish fees by rule, including
in the following categories:
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          (1)   investigation       of    registrants     and    registration
    applicant fees;
          (2) examination fees;
          (3) contingent fees; and
          (4)   such    other     categories   as   may    be    required    to
    administer this Act.
    (c) The Department shall charge and collect fees from
digital asset kiosk operators, which shall be nonrefundable
unless otherwise indicated, for the expenses of administering
this Act as follows:
          (1) Each digital asset kiosk operator shall pay $150
    for each hour or part of an hour for each examiner or staff
    assigned to the supervision of the digital asset kiosk
    operator plus actual travel costs for any examination
    pursuant to the Act. Supervision of operators includes,
    but    is   not     limited     to,    examination,     audit,     visit,
    registration, certification, review, investigation, or any
    other regulatory activity conducted pursuant to this Act.
          (2) Each digital asset kiosk operator shall pay to the
    Department        its   pro     rata    share   of     the     cost     for
    administration of this Act that exceeds other fees listed
    in this Act, as estimated by the Department, for the
    current year and any deficit actually incurred in the
    administration of the Act in prior years. The total annual
    assessment for all registrants shall initially be divided
    into a transaction-based assessment. Each registrant's pro
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    rata share shall be based on the percentage of the total
    United States dollar value of all digital asset kiosk
    transactions by all registrants in Illinois per calendar
    year.
    (d) The Department may, by rule, amend any fees set forth
in this Act. The Department may establish additional fees by
rule as set forth in this Section.

    Section 25. Daily transaction limit.
    (a) A digital asset kiosk operator shall not accept or
dispense more than $2,500 or equivalent monetary value in a
day from or to the same new customer through a digital asset
kiosk.
    (b) A digital asset kiosk operator shall not accept or
dispense more than $10,500 or the equivalent monetary value in
a day from or to any existing customer through a digital asset
kiosk.

    Section 30. Customer charges limit. A digital asset kiosk
operator may not, directly or indirectly, collect charges from
a customer related to a single digital asset kiosk transaction
that exceeds the greater of the following:
         (1) $5; or
         (2) 18% of digital assets involved in the transaction
    according to the market price of the digital asset at the
    time the customer initiates the transaction.
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     Section 35. Customer disclosures.
     (a)    Before    engaging      in     each      digital       asset   kiosk
transaction with a customer, a digital asset kiosk operator
shall provide written disclosure, in English and in the same
language principally used by the digital asset kiosk operator
to   advertise,      solicit,    or      negotiate         with    a   customer,
containing the terms and conditions of the transaction that
include, at a minimum, all of the following:
           (1) The amount of the digital assets involved in the
     transaction.
           (2) The    amount, in      United States dollars, of                any
     charges collected by the operator.
           (3) The United States dollar price of the digital
     assets that is charged to the customer and the United
     States dollar market price of the digital assets.
           (4) All procedures for providing refunds as required
     by Section 45 of this Act and other methods to reverse or
     refund a transaction offered by the digital asset kiosk
     operator.
           (5) A warning written prominently in bold type stating
     the   following:    "Warning:       Losses      due    to    fraudulent    or
     accidental      transactions        may   not    be     recoverable       and
     transactions     are    irreversible      except       as    otherwise    set
     forth in this disclosure.".
           (6) Digital      assets are not        legal tender,         are not
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    backed by the government, and accounts and value balances
    are not subject to Federal Deposit Insurance Corporation
    or Securities Investor Protection Corporation protections.
          (7) Legislative and regulatory changes or actions at
    the State, federal, or international level may adversely
    affect the use, transfer, exchange, and value of digital
    assets.
          (8) Some digital asset transactions shall be deemed to
    be made when recorded on a public ledger, which is not
    necessarily the date or time that the customer initiates
    the transaction.
          (9) The value of a digital asset may be derived from
    the    continued    willingness      of   market   participants    to
    exchange     fiat   currency   for   digital   assets,   which    may
    result in the potential for permanent and total loss of
    value of a particular digital asset should the market for
    that digital asset disappear.
          (10) There is no assurance that a person who accepts a
    digital asset as payment today will continue to do so in
    the future.
          (11) The volatility and unpredictability of the price
    of a digital asset relative to fiat currency may result in
    significant loss over a short period of time.
          (12) The nature of digital assets may lead to an
    increased risk of fraud or cyberattack.
          (13)   The nature of     digital     assets means that      any
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    technological         difficulties         experienced       by    the       digital
    asset      kiosk    operator      may   prevent      access       or    use       of   a
    customer's digital assets.
          (14)   Any bond        or    trust account          maintained by            the
    digital      asset    kiosk       operator     for    the    benefit         of    its
    customers      may    not    be    sufficient        to   cover        all    losses
    incurred by customers.
    (b) The disclosures required by this Section shall be
clear and conspicuous and provided separately from any other
disclosure provided by the digital asset kiosk operator.
    (c)    A    digital    asset       kiosk      operator      shall      provide         a
customer    with   a     receipt      for   any    transaction        made       at    the
digital    asset       kiosk    operator's        digital     asset        kiosk      that
includes all of the following information:
          (1) The name of the customer.
          (2) The date and time of the transaction.
          (3) The name and contact information of the digital
    asset kiosk operator.
          (4) The amount of the digital assets and any digital
    asset addresses involved in the transaction.
          (5) The amount of United States dollars or other fiat
    currency involved in the transaction.
          (6) The       amount, in       United States dollars, of                     any
    charges collected by the digital asset kiosk operator in
    relation to the transaction.
          (7) The       amount, in       United States dollars, of                     any
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     spread between the United States dollar price of the
     digital asset that is charged to the customer and the
     United States dollar market price of the digital asset.
           (8) All procedures for providing refunds as required
     by this Act and any other methods to reverse or refund the
     transaction offered by the digital asset kiosk operator.

     Section 40. Reporting physical addresses.
     (a) A digital asset kiosk operator shall provide to the
Department a list of all physical addresses of digital asset
kiosks that the digital asset kiosk operator owns, operates,
or   manages     in   this   State,   in    a     form   prescribed   by   the
Department.
     (b) A digital asset kiosk operator shall provide the
Department with updates to the list required by subsection (a)
of this Section within 30 days after any changes in a form
prescribed by the Department.
     (c)   The    Department    shall      make    the   list   required    by
subsection (a) of this Section and contact information of each
digital asset kiosk operator available to the public on the
Department's website.

     Section 41. Customer service. All digital asset kiosk
operators performing business in this State must provide live
customer service during kiosk operating hours. The customer
service toll-free number must be displayed on the digital
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asset kiosk or on the digital asset kiosk screen.

    Section 42. Prevention of fraudulent activity. All digital
asset kiosk operators must take reasonable steps to detect and
prevent     fraud,    including    establishing       and    maintaining   a
written anti-fraud policy.

    Section 43. Blockchain analytics. All digital asset kiosk
operators    must    use    blockchain    analytics    software    to   help
prevent transactions to wallets known to be affiliated with
fraudulent activity at the time of a transaction and to detect
transaction patterns indicative of fraud or other illicit
activities.

    Section    44.    Law    enforcement     access     to    investigative
information.    All    digital    asset   kiosk   operators      performing
business in this State must provide a dedicated communications
line for relevant government agencies through a posted U.S.
phone number or email address. This dedicated line shall
facilitate      law        enforcement     and     regulatory        agency
communications with the digital asset kiosk operator in the
event of a fraud report from a customer. The communications
line must be frequently monitored.

    Section 45. Refunds.
    (a) A digital asset kiosk operator must issue a refund to a
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new customer for the full amount for up to 3 fraudulent
transactions made within the new customer period, upon request
of the customer. To receive a refund under this subsection, a
new customer must:
        (1) have been fraudulently induced to engage in a
    transaction or transactions involving the digital asset
    kiosk;
        (2) within 30 days after the last transaction to occur
    during the new customer period, contact the digital asset
    kiosk operator to inform them of the fraudulent nature of
    the transaction or transactions at issue; and
        (3) within 60 days after the last transaction to occur
    during the new customer period, submit a police report or
    government    agency    report    of      the    transaction   or
    transactions to the digital asset kiosk operator.
    (b) A digital asset kiosk operator must issue a refund to
an existing customer for the full amount of all charges upon
request of an existing customer. To receive a refund under
this subsection, an existing customer must:
        (1) have been fraudulently induced to engage in a
    transaction or transactions involving the digital asset
    kiosk;
        (2)   within   30   days     after     the   transaction   or
    transactions at issue, contact the digital asset kiosk
    operator to inform them of the fraudulent nature of the
    transaction or transactions at issue; and
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        (3)    within     60     days     after        the   transaction    or
    transactions     at    issue,       submit     a     police   report    or
    government      agency       report    of      the       transaction    or
    transactions to the digital asset kiosk operator.

    Section 50. Registration required.
    (a) A person shall not operate a digital asset kiosk in
this State unless the person is registered with the Department
pursuant to this Act or exempt from this Act.
    (b) A person with any operational digital asset kiosks in
this State as of the effective date of this Act shall not be
required to be registered with the Department until July 1,
2027.

    Section 55. Applications.
    (a) An application for a registration under this Act shall
meet all of the following requirements:
        (1) The application shall be in a form and medium
    prescribed by the Department.
        (2) The application shall provide all of the following
    information:
              (A) The name of the applicant and the address of
        the principal place of business of the applicant and
        the address of all locations and proposed locations of
        the applicant in this State.
              (B)   The   form    of    business       organization   of   the
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        applicant, including:
                  (i) a copy of its articles of incorporation
            and amendments thereto and a certified copy of its
            bylaws, if the applicant is a corporation;
                  (ii)   a    copy     of    its    partnership   agreement,
            certified by a partner, if the applicant is a
            partnership; or;
                  (iii) a copy of the documents that control its
            organizational structure, certified by a managing
            official, if the applicant is organized in some
            other form.
            (C) The name, the business and home address, and a
        chronological        summary    of    the    business     experience,
        material litigation history, and felony convictions
        over the preceding 10 years of:
                  (i) the proprietor, if the applicant is an
            individual;
                  (ii) every partner, if the applicant is a
            partnership;
                  (iii) each officer, director, and controlling,
            person, if the applicant is a corporation; and
                  (iv) each person in a position to exercise
            control over, or direction of, the business of the
            applicant, regardless of the form of organization
            of the applicant.
            (D) Financial statements, not more than one year
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        old, prepared in accordance with generally accepted
        accounting principles and audited by a licensed public
        accountant or certified public accountant showing the
        financial condition of the applicant and an unaudited
        balance sheet and statement of operation as of the
        most recent quarterly report before the date of the
        application, certified by the applicant or an officer
        or partner thereof. If the applicant is a wholly owned
        subsidiary or is eligible to file consolidated federal
        income tax returns with its parent, however, unaudited
        financial statements for the preceding year along with
        the unaudited financial statements for the most recent
        quarter may be submitted if accompanied by the audited
        financial statements of the parent company for the
        preceding       year   along    with   the      unaudited   financial
        statement for the most recent quarter.
              (E) Filings of the applicant with the Securities
        and     Exchange        Commission         or     similar     foreign
        governmental entity (English translation), if any.
              (F)   A   list   of   all    other     states   in    which   the
        applicant is licensed, registered, or the equivalent
        and whether the license, registration, or equivalent
        of the applicant for those purposes has ever been
        withdrawn,       refused,      canceled,     or   suspended   in    any
        other state, with full details.
              (G) A sample of any contracts, disclosures, or
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          terms of service applicable to its digital asset kiosk
          operations.
                (H) The name and business address of any digital
          asset    exchange    or     other    person     through     which    the
          applicant intends to conduct any business regulated
          under this Act.
                (I) A surety bond as required by Section 70 of this
          Act.
                (J) A written statement that the applicant is in
          full compliance with and agrees to continue to fully
          comply      with   all    State     and     federal    statutes      and
          regulations relating to money laundering.
                (K)    All   additional       information       the    Secretary
          considers necessary in order to determine whether to
          issue the applicant a license under this Act.
    (b)     The       application      shall     be       accompanied     by    a
nonrefundable fee of $5,000 to cover the costs of application
review.
    (c) With good cause, the Secretary may waive, in part, any
of the requirements of this Section.

    Section 60. Refusal to issue registration.
    (a) The Secretary may refuse to issue or a registration
if: (i) the application does not comply with this Act; (ii) the
proposed business operations do not comply with this Act;
(iii)     the    competence,       experience,      and    integrity    of     the
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officers,      directors,       controlling       persons,        and        proposed
management personnel, if the applicant is a corporation, or
the    competence,     experience,      and   integrity      of    the       owners,
partners, and proposed management personnel, if the applicant
is a partnership or other entity however organized, indicate
that it is not in the interest of the public to permit the
applicant      to     be   registered     under     this     Act;        or        (iv)
registration is otherwise not in the best interest of the
public.
      (b) The Secretary shall issue a formal written notice of
the denial of a license application within 30 days after the
decision to deny the application. The Secretary shall set
forth the specific reasons for the denial of the application
in    the   notice    of   denial   and   serve    the   applicant,           either
personally or by certified mail. Service by certified mail
shall be deemed completed when the notice is deposited into
the U.S. Mail. An applicant whose application is denied by the
Secretary under this Section may submit a written request for
a hearing that shall include the particular reasons why the
applicant believes that the decision to deny the application
was incorrect, within 10 days after service of the notice of
the denial. If an applicant submits a timely request for a
hearing, the Secretary shall schedule a hearing after the
request     for   a   hearing   unless    otherwise      agreed         to    by   the
parties. The Secretary shall conduct hearings pursuant to this
Section and in accordance with 38 Ill. Adm. Code 100, as
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amended or recodified.

     Section 65. Renewal.
     (a)   A    registration     under       this   Act   shall    be   renewed
annually.
     (b) A registrant shall submit a renewal report, in a form
and in a medium prescribed by the Secretary by December 1 of
each year. The form requires any information deemed necessary
by   the   Secretary    to     review    a    renewal     application.    At   a
minimum,       the   renewal    report       must    state    or   contain     a
description of each material change in information submitted
by the registration in its original registration application
or in its business operations which has not been reported to
the Secretary.
     (c) The Secretary may grant an extension of the renewal
date.

     Section 70. Surety bond.
     (a) An applicant for a registration must provide, and a
registrant at all times must maintain, security consisting of
a surety bond in a form satisfactory to the Secretary. The bond
shall run to the State of Illinois for the benefit of any
claimant against the applicant or registrant with respect to
any operations regulated by this Act. A claimant damaged by a
breach of the conditions of a bond shall have a right to action
upon the bond for damages suffered thereby and may bring suit
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directly on the bond, or the Secretary may bring suit on behalf
of the claimant.
    (b) The amount of the required security bond shall be the
greater of $100,000 or an amount equal to 100% of the monthly
dollar value of all digital asset kiosk transactions in this
State calculated for the most recently completed quarter, up
to a maximum of $2,000,000.

    Section 75. Tangible net worth.
    (a) A registrant under this Act shall maintain at all
times a tangible net worth of the greater of $100,000 or 3% of
total assets for the first $100,000,000, 2% of additional
assets   for   $100,000,000      to   $1,000,000,000,    and   0.5%   of
additional assets for over $1,000,000,000.
    (b) Notwithstanding subsection (a), the Secretary shall
have discretionary authority to exempt, in part or in whole,
from   the   requirements   of    this   Section   any   applicant    or
registrant.

    Section 85. Enforcement generally.
    (a) Upon written notice to a digital asset kiosk operator,
the Secretary may suspend or revoke any registration issued
pursuant to this Act if, in the notice, the Secretary makes a
finding of one or more of the following:
         (1) that any fact or condition exists that, if it had
    existed at the time of the original application for the
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    registration,     would     have   warranted        the       Secretary    in
    refusing originally to issue the registration; or
          (2) that if a registrant is other than an individual,
    any ultimate equitable owner, officer, director, or member
    of the registration partnership, association, corporation,
    or other entity has acted or failed to act in a way that
    would be cause for suspending or revoking a registration
    to that party as an individual; and
          (3) any ground set forth in subsection (l).
    (b) No registration shall be suspended or revoked, except
as provided in this Section, nor shall any digital asset kiosk
operator be fined without notice of the right to a hearing as
provided in this Section.
    (c) The Secretary, on good cause shown that an emergency
exists,    may    suspend   any   registration         for    a     period    not
exceeding 180 days, pending investigation.
    (d)    No    revocation,    suspension,       or    surrender       of    any
registration shall impair or affect the obligation of any
preexisting lawful contract between the registrant and any
person.
    (e) Every registration issued under this Act shall remain
in force and effect until the registration expires without
renewal,   is    surrendered,     is   revoked,    or    is       suspended    in
accordance with the provisions of this Act, but the Secretary
shall have authority to reinstate a suspended registration or
to issue a new registration to a digital asset kiosk operator
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whose registration has been revoked if no fact or condition
then    exists      which    would    have      warranted    the   Secretary   in
refusing originally to issue that registration under this Act.
    (f)      Whenever       the    Secretary       revokes    or    suspends   a
registration issued pursuant to this Act or fines a digital
asset kiosk operator under this Act, the Secretary shall
execute a written order to that effect. The Secretary shall
serve   a    copy    of     the   order    upon    the   digital    asset   kiosk
operator.
    (g)     If    the     Secretary       finds   any    digital   asset    kiosk
operator in violation of the grounds set forth in subsection
(l), the Secretary may enter an order imposing one or more of
the following penalties:
            (1) revocation of registration;
            (2)     suspension       of     a     registration      subject    to
    reinstatement upon satisfying all reasonable conditions
    the Secretary may specify;
            (3) placement of the digital asset kiosk operator or
    applicant on probation for a period of time and subject to
    all reasonable conditions as the Secretary may specify;
            (4) issuance of a reprimand;
            (5) imposition of a fine not to exceed $25,000 for
    each count of separate offense; except that a fine may be
    imposed that shall not exceed $75,000 for each separate
    count of offense in violation of paragraph (2) or (14) of
    subsection (l);
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          (6) denial of a registration application; or
          (7) restitution for the benefit of any person.
    (h)   The   Secretary    may   issue   a    new   registration      to   a
digital   asset   kiosk   operator    whose     registration      has   been
revoked when facts or conditions which clearly would have
warranted the Secretary in refusing originally to issue the
registration no longer exist.
    (i) For every order issued pursuant to this Section, the
Secretary shall serve the digital asset kiosk operator with
notice of the Secretary's action, including a statement of the
reasons for the actions, either personally or by certified
mail. Service by certified mail shall be deemed completed when
the notice is deposited in the U.S. mail.
    (j) Any order issued pursuant to this Section shall take
effect upon service of the order unless the digital asset
kiosk operator requests a hearing, in writing, within 10 days
after the date of service. If a hearing is requested, the order
shall be stayed until a final administrative order is entered
except for an emergency revocation and suspension as set forth
subsection (c).
          (1) If the digital asset kiosk operator requests a
    hearing, the Secretary shall schedule a hearing within 90
    days after the request for a hearing unless otherwise
    agreed to by the parties.
          (2) The hearing shall be held at the time and place
    designated    by   the    Secretary.       The    Secretary   and    any
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    administrative law judge designated by the Secretary shall
    have   the   power   to   administer     oaths    and   affirmations,
    subpoena     witnesses    and   compel   their     attendance,      take
    evidence, and require the production of books, papers,
    correspondence, and other records or information that the
    Secretary or the Secretary's designated administrative law
    judge considers relevant or material to the inquiry.
    (k)    The   costs   of    administrative        hearings   conducted
pursuant to this Section shall be paid by the digital asset
kiosk operator.
    (l) The following acts shall constitute grounds for which
the disciplinary actions specified in subsection (g) may be
taken:
          (1) being convicted or found guilty, regardless of
    pendency of an appeal, of a crime in any jurisdiction that
    involves fraud, dishonest dealing, or any other act of
    moral turpitude;
          (2) fraud, misrepresentation, deceit, or negligence in
    any relation to any transaction regulated under this Act;
          (3) a material or intentional misstatement of fact on
    an initial or renewal application;
          (3.5) any fact or condition exists that, if it had
    existed at the time of the original application for the
    registration,     would    have   warranted       the   Secretary    in
    refusing to originally issue the registration;
          (4) insolvency or filing under any provision of the
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    United States Bankruptcy Code as a debtor;
        (5) failure to account or deliver to any person any
    property, such as any money, fund, deposit, check, draft,
    or other document or thing of value, that has come into a
    digital asset kiosk operator's hands and that is not the
    digital    asset     kiosk     operator's           property       or   that   the
    digital asset kiosk operator is not in law or equity
    entitled to retain, under the circumstances and at the
    time which has been agreed upon or is required by law, or,
    in the absence of a fixed time, upon demand of the person
    entitled to the accounting and delivery;
        (6)    failure       to   disburse        funds     in    accordance       with
    agreements;
        (7)    having    a    registration,            or   the     equivalent,      to
    practice    any    profession       or    occupation          or    operate    any
    business revoked, suspended, or otherwise acted against,
    including the denial of licensure by a licensing authority
    of this State or another State, territory, or country, for
    fraud,    dishonest       dealing,       or       any   other    act    of    moral
    turpitude;
        (8) failure to comply with an order of the Secretary;
        (9)    engaging      in   activities           regulated       by   this   Act
    without a current, active registration unless specifically
    exempted by this Act;
        (10)   failure       to   pay    in       a    timely     manner    any    fee,
    charge, or fine under this Act;
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          (11) failure to maintain, preserve, and keep available
    for examination all books, accounts, or other documents
    required by the provisions of this Act;
          (12) refusing, obstructing, evading, or unreasonably
    delaying       an     investigation,        information        request,      or
    examination          authorized    under    this        Act,   or   refusing,
    obstructing, evading, or unreasonably delaying compliance
    with the Secretary's subpoena or subpoena duces tecum;
          (13) failure to comply with or a violation of any
    provision of this Act; and
          (14)     any     unfair,    deceptive,       or     abusive    business
    practice.

    Section 90. Cease and desist order.
    (a) The Secretary may issue a cease and desist order to any
digital    asset    kiosk      operator    doing      business      without   the
required registration, when in the opinion of the Secretary
the digital asset kiosk operator is violating or is about to
violate any provision of this Act or requirement imposed in
writing by the Department as a condition of granting any
authorization permitted by this Act. The cease and desist
order   permitted        by   this    Section   may    be     issued    before   a
hearing.
    (b) The Secretary shall serve notice of the Secretary's
action, including, but not limited to, a statement of the
reasons for the action, either personally or by certified
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mail. Service by certified mail shall be deemed completed when
the notice is deposited in the U.S. Mail.
      (c) Within 10 days after service of the cease and desist
order, the digital asset kiosk operator may request a hearing
in writing. The Secretary shall schedule a hearing within 90
days after the request for a hearing unless otherwise agreed
to by the parties.
      (d)   If    it    is    determined       that   the     Secretary    had   the
authority to issue the cease and desist order, the Secretary
may   issue      such   orders    as     may    be    reasonably     necessary      to
correct, eliminate, or remedy the conduct.
      (e) The powers vested in the Secretary by this Section are
in addition to any and all other powers and remedies vested in
the Secretary by law, and nothing in this Section shall be
construed as requiring that the Secretary shall employ the
power   conferred        in    this    subsection       instead      of   or   as   a
condition precedent to the exercise of any other power or
remedy vested in the Secretary.

      Section 95. Civil action. A claim of violation of Sections
25, 30, and 45 of this Act may be asserted in a civil action.
Additionally, a prevailing resident may be awarded reasonable
attorney's fees and court costs.

      Section 100. Rulemaking.
      (a)   The    Department      may    adopt       rules    to   implement    the
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provisions of this Act, including, but not limited to:
          (1) rules in connection with the activities of digital
    asset kiosk operators as may be necessary and appropriate
    for the protection of persons in this State;
          (2) rules    as    may be      necessary    and appropriate         to
    define      improper    or    fraudulent      business       practices    in
    connection with the activities of digital asset kiosk
    operators and digital asset kiosks;
          (3) rules that define the terms used in this Act and as
    may    be    necessary       and   appropriate     to    interpret       and
    implement the provisions of this Act; and
          (4) rules as may be necessary for the implementation,
    enforcement and administration of this Act.
    (b) The Secretary is hereby authorized and empowered to
make   specific     rulings,       demands,    and    findings      that     the
Secretary deems necessary for the proper conduct of operators.

    Section 105. Appeal and review.
    (a) The Department may, in accordance with the Illinois
Administrative     Procedure      Act,    adopt    rules    to    provide    for
review within the Department of the Secretary's decisions
affecting the rights of persons under this Act. The review
shall provide for, at a minimum:
          (1) appointment of a hearing officer;
          (2) appropriate procedural rules, specific deadlines
    for filings, and standards of evidence and of proof; and
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           (3) provision for apportioning costs among parties to
     the appeal.
     (b)    All     final    agency     determinations     of   appeals    to
decisions of the Secretary may be reviewed in accordance with
and under the provisions of the Administrative Review Law.
Appeals from all final orders and judgments entered by a court
in   review    of    any     final     administrative    decision   of    the
Secretary or of any final agency review of a decision of the
Secretary may be taken as in other civil cases.
     (c) The Secretary shall conduct hearings pursuant to this
Section and in accordance with 38 Ill. Adm. Code 100, as
amended or recodified from time to time.

     Section      110.      Evasion.     An   agreement,    contract,      or
transaction that is structured to evade the scope of this Act
shall be deemed to fall within the scope of this Act.

     Section 115. Injunction. The Secretary may, through the
Attorney General, maintain an action in the name of the people
of the State of Illinois and may apply for an injunction in the
Circuit Court to enjoin a person from violating this Act.

     Section 120. Applicability. This Act governs any digital
asset kiosk located in this State.

     Section 125. Exemptions.
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    (a) This Act does not apply to the following persons:
        (1)    The   United      States;   other   states    or    political
    subdivisions       of        another      state;        agencies      or
    instrumentalities       of     the   federal     government,    another
    state, or local government; or a foreign government or a
    subdivision, department, agency, or instrumentality of a
    foreign government.
        (2) A federally insured depository institution.
        (3) A credit union with member share accounts insured
    by an     insurer approved by          the credit union's primary
    financial regulatory agency. An out-of-State credit union
    may not conduct any activity in this State that is not
    authorized for a credit union chartered under the laws of
    this State.
    (b) Nothing in this Act grants persons described in this
subsection (a) the authority to engage in any activity not
otherwise granted under existing law.
    (c) Notwithstanding any other provision of this Act, the
Department,     by   rule     or     order,    may     conditionally      or
unconditionally exempt any person, or any class of person or
classes of persons, digital asset, or transaction from any
provision of this Act or any rule adopted pursuant to this Act,
to the extent that the exemption is necessary or appropriate,
in the public interest, and consistent with the protection of
residents.
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    Section 800. If and only if Senate Bill 1797 of the 104th
General Assembly, as amended by House Amendment No. 1, becomes
law, then Sections 15, 20, 50, 55, 60, 65, 70, 75, 85, 90, 105,
115, 120, and 125 of this Act are repealed on the date that
Senate Bill 1797 of the 104th General Assembly becomes law.

    Section 900. The State Finance Act is amended by adding
Section 5.1030 as follows:

    (30 ILCS 105/5.1030 new)
    Sec. 5.1030. The Digital Asset Kiosk Fund. If and only if
Senate Bill 1797 of the 104th General Assembly, as amended by
House Amendment No. 1, becomes law, this Section is repealed.

    Section 997. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.

    Section 999. Effective date. This Act takes effect upon
becoming law.