Bill Text: DE HB441 | 2025-2026 | 153rd General Assembly | Draft
Bill Title: An Act To Amend Title 6 Of The Delaware Code Relating To Cryptocurrency Kiosks.
Sponsorship: Partisan Bill (Democrat 7)
Status: (Engrossed) 2026-06-11 - Assigned to Banking, Business, Insurance & Technology Committee in Senate [HB441 Detail]
Download: Delaware-2025-HB441-Draft.html
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SPONSOR: |
Rep. Romer & Sen. Mantzavinos |
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Reps. Bolden, Gorman, Griffith, Neal, Phillips |
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 441
AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO CRYPTOCURRENCY KIOSKS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Subtitle IV, Title 6 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
Chapter 71. Cryptocurrency Kiosks
§ 7101. Definitions.
As used in this chapter:
(1) “Blockchain” means a digital ledger that records transactions in a decentralized manner and is not controlled by a single entity. Each block of data is cryptographically linked to the previous block of data.
(2) “Cryptocurrency” means a virtual currency or other nonfungible token stored through blockchain.
(3) “Kiosk” means a physical machine operated by a third party that customers may use to facilitate the buying, selling, or exchanging of cryptocurrency.
§ 7102. Cryptocurrency kiosk.
(a) A person may not own, install, or operate a cryptocurrency kiosk.
(b) A person may not, directly or indirectly, facilitate the purchase or transfer of cryptocurrency in exchange for fiat currency through a retail point-of-sale system, cashier-assisted transaction, or other mechanism that is designed to replicate or substitute for a cryptocurrency kiosk.
(c) A person may not knowingly allow the placement, operation, or facilitation of a transaction prohibited under this chapter on premises under their control.
(d) A cryptocurrency kiosk that existed prior to [the effective date of this Act] must be removed within 90 days of [the effective date of this Act]. Operation of a cryptocurrency kiosk must cease upon [the effective date of this Act].
§ 7103. Enforcement.
(a) A violation of § 7102 of this title is an unlawful practice under § 2513 of this title and a violation of subchapter II of Chapter 25 of this title.
(b) All fees collected in connection with a transaction conducted in violation of § 7102 of this title must, within 30 days of such collection, either be refunded to the person from whom they were collected or, if the person cannot be identified, paid into the consumer protection fund established by § 2527 of Title 6. A violation of this refund obligation is a separate violation of § 7102 of this title.
SYNOPSIS
This Act prohibits cryptocurrency kiosks and mandates removal of existing cryptocurrency kiosks within 90 days of the effective date of the Act. A violation of the Act is an unlawful practice and prohibited trade practice. This Act also prohibits the circumvention of the kiosk ban through cashier-assisted or point-of-sale cryptocurrency transactions and extends liability to persons who facilitate such transactions or knowingly allow such activity to occur on their premises. Violators are subject to injunctive relief, a civil penalty not to exceed $10,000, and a private right of action for damages caused by the violation.
