Illinois Lawmaker’s Crypto Bill Aims To Tighten Regulations And Address Fraud

Illinois Senate has advanced a bill to establish comprehensive regulations for crypto businesses operating in the state and address concerns about digital assets-related fraud cases, which saw over $160 million in losses in 2023.

Illinois Advances Crypto Consumer Protection Bill

On Thursday, Illinois’ Senate Executive Committee passed Senate Bill 1797 (SB1797), also known as the Digital Assets and Consumer Protection Act, introduced by State Senator Mark Walker in February.

The bill, co-sponsored by State Senators Karina Villa, Rachel Ventura, and Mike Porfirio, aims to “crackdown on more than $163 million lost to cryptocurrency fraud in Illinois in 2023” by tightening the state’s regulations.

If passed, SB1797 would enable the Illinois Department of Financial and Professional Regulation (IDFPR) to oversee the guidelines that crypto companies must adhere to, making it the primary regulatory agency in the state.

“The rise of digital assets has opened the door for financial opportunity, but also for bankruptcy, fraud, and deceptive practices,” the Democratic Senator stated, “We must set standards for those who have evolved in the crypto business to ensure they are credible, honest actors.”

Bitcoin Laws explains that “the legislation aims to provide consumer safeguards while promoting responsible innovation in the digital asset space, with a phased implementation approach allowing businesses until January 2027 to fully comply with all provisions. The bill grants the Department significant oversight and enforcement powers, including the ability to investigate, levy fines, and take action against non-compliant businesses.”

Under the proposed legislation, the IDFPR could adopt rules to protect consumer assets and investors. Moreover, crypto companies must register with the IDFPR, provide disclosures, and prove they can satisfy payouts.

Another provision requires companies to notify consumers of any charges or transfers of their digital assets and to build programs to reduce consumer fraud. After Thursday’s vote, the bill moves to the full Senate.

Illinois’ Strategic Bitcoin Reserve

In January, Illinois joined the Strategic Bitcoin Reserve (SBR) race after State Representative John Cabello introduced House Bill 1844 (HB1844), or Strategic Bitcoin Reserve Act, to integrate Bitcoin (BTC) into the state’s financial framework.

The bill seeks to create a state-owned strategic BTC reserve managed by the Illinois State Treasurer, developing “a special fund in the state treasury” to hold BTC as a financial asset.

The legislation would allow the State Treasurer to receive Bitcoin gifts, grants, and donations from Illinois residents and governmental entities for the Fund. Additionally, it stipulates that all BTC deposits into the funds must be held for at least 5 years, starting when the asset enters the State’s custody.

It also mandates biennial reporting of the Fund’s status, detailing the total amount of BTC and its equivalent in USD, the Fund’s growth, and any transaction updates since the previous report.

However, data from the Illinois General Assembly shows that the bill hasn’t advanced in the legislative process since the first reading, waiting to be considered by the House Rules Committee.