Senate
File
2296
-
Enrolled
Senate
File
2296
AN
ACT
RELATING
TO
DIGITAL
FINANCIAL
KIOSKS,
MODIFYING
CIVIL
PENALTIES,
AND
INCLUDING
EFFECTIVE
DATE
AND
APPLICABILITY
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
533C.1004,
subsection
1,
paragraph
a,
subparagraph
(2),
Code
2026,
is
amended
to
read
as
follows:
(2)
The
difference
between
the
current
market
price
of
a
digital
financial
asset
on
a
licensed
digital
financial
asset
exchange
prevailing
market
value
of
a
digital
financial
asset
at
the
time
of
a
transaction
and
the
price
of
the
digital
financial
asset
charged
to
a
consumer.
Sec.
2.
Section
533C.1004,
subsection
1,
paragraphs
c
and
d,
Code
2026,
are
amended
to
read
as
follows:
c.
(1)
“Digital
financial
asset”
means
a
virtual
digital
representation
of
value
or
rights
that
can
be
transferred,
stored,
or
traded
electronically
and
used
for
payment
or
investment
purposes
is
used
as
a
medium
of
exchange,
unit
of
account,
or
store
of
value,
and
is
not
money,
whether
or
not
denominated
in
money
.
(2)
“Digital
financial
asset”
does
not
include
any
of
the
following:
(a)
A
transaction
in
which
a
merchant
grants,
as
part
of
an
affinity
or
rewards
program,
value
that
cannot
be
taken
from
or
exchanged
with
the
merchant
for
money,
bank
credit,
or
a
digital
financial
asset.
Senate
File
2296,
p.
2
(b)
A
digital
representation
of
value
issued
by
or
on
behalf
of
a
publisher
and
used
solely
within
an
online
game,
game
platform,
or
family
of
games
sold
by
the
same
publisher
or
offered
on
the
same
game
platform.
d.
“Digital
financial
asset
transaction
kiosk”
means
an
electronic
terminal
acting
as
a
mechanical
agent
of
an
operator
to
enable
the
operator
to
facilitate
the
exchange
of
a
digital
financial
asset
for
money,
bank
credit,
or
other
digital
financial
asset,
including
but
not
limited
to
any
of
the
following:
(1)
By
connecting
directly
to
a
separate
licensed
digital
financial
asset
exchange
that
performs
the
digital
financial
asset
transaction.
(2)
By
drawing
upon
a
digital
financial
asset
in
the
possession
of
the
operator
that
enables
a
digital
financial
asset
kiosk
operator
to
facilitate
the
exchange
of
digital
financial
assets
for
money,
bank
credit,
or
other
digital
financial
assets
.
Sec.
3.
Section
533C.1004,
subsection
1,
paragraph
f,
Code
2026,
is
amended
by
striking
the
paragraph.
Sec.
4.
Section
533C.1004,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
1A.
License
required.
Any
digital
financial
asset
kiosk
operator
who
owns,
operates,
solicits,
markets,
advertises,
or
facilitates
a
digital
financial
asset
kiosk
in
this
state
shall
be
deemed
to
be
engaged
in
the
business
of
money
transmission
and
must
obtain
a
license
under
section
533C.301.
Sec.
5.
Section
533C.1004,
subsection
3,
paragraph
b,
Code
2026,
is
amended
to
read
as
follows:
b.
Fifteen
percent
of
the
United
States
currency
equivalent
of
the
digital
financial
assets
involved
in
the
digital
financial
asset
transaction
according
to
the
public
quoted
market
price
of
the
digital
financial
asset
on
a
licensed
digital
financial
asset
exchange
prevailing
market
value
of
such
digital
financial
asset
at
the
date
and
time
the
consumer
initiates
the
digital
financial
asset
transaction.
Sec.
6.
Section
533C.1004,
subsection
5,
paragraph
e,
Code
2026,
is
amended
to
read
as
follows:
Senate
File
2296,
p.
3
e.
(1)
The
dollar
amount
of
all
charges
collected
by
the
operator
in
relation
to
the
digital
financial
asset
transaction.
(2)
The
legal
name
of
the
licensed
digital
financial
asset
exchange
the
operator
used
to
calculate
the
charges
described
in
subsection
1
,
paragraph
“a”
,
subparagraph
(2).
Sec.
7.
Section
533C.1004,
subsection
6,
Code
2026,
is
amended
to
read
as
follows:
6.
Required
report.
An
operator
shall
provide
a
list
to
the
division
of
banking
of
the
street
address
locations
of
all
digital
financial
asset
transaction
kiosks
that
the
operator
owns,
operates,
or
manages
in
this
state
report
to
the
division
of
banking
the
location
of
each
digital
financial
asset
transaction
kiosk
that
the
operator
owns,
operates,
or
manages
within
this
state
as
an
authorized
delegate
pursuant
to
section
533C.603
.
An
operator
shall
provide
the
division
with
updates
to
the
list
within
thirty
calendar
days
of
any
change
to
the
list.
The
division
shall
make
each
operator’s
list
available
to
the
public
via
the
division’s
internet
site.
Sec.
8.
Section
533C.1004,
subsection
7,
paragraph
a,
Code
2026,
is
amended
by
striking
the
paragraph.
Sec.
9.
Section
533C.1004,
subsection
10,
paragraphs
a
and
b,
Code
2026,
are
amended
to
read
as
follows:
a.
If
the
attorney
general
has
reasonable
belief
that
an
operator
is
in
violation
of
this
section
,
the
attorney
general
has
the
sole
authority
to
bring
civil
action
to
provide
for
all
of
the
following:
(1)
Enjoin
further
violations
by
the
operator.
(2)
Enforce
compliance
with
this
section
.
(3)
Civil
penalties
in
an
amount
not
more
than
ten
thousand
dollars
for
each
violation
of
this
section
.
(4)
Other
remedies
permitted
under
law
A
violation
of
this
section
is
an
unlawful
practice
under
section
714.16
.
b.
If
Notwithstanding
the
civil
penalty
limit
under
section
714.16,
subsection
7,
if
the
attorney
general
has
reasonable
belief
that
a
person
is
in
violation
of
an
injunction
issued
under
this
subsection
section
714.16,
subsection
2,
paragraph
“t”
,
the
attorney
general
has
the
sole
authority
to
bring
a
civil
action
to
provide
for
a
civil
penalties
penalty
for
Senate
File
2296,
p.
4
violation
of
the
injunction
in
an
amount
not
more
than
one
hundred
thousand
dollars.
Sec.
10.
Section
714.16,
subsection
2,
Code
2026,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
t.
It
shall
be
an
unlawful
practice
for
a
person
to
violate
section
533C.1004.
Sec.
11.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
Sec.
12.
APPLICABILITY.
This
Act
applies
to
civil
actions
commenced
on
or
after
the
effective
date
of
this
Act.
______________________________
AMY
SINCLAIR
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2296,
Ninety-first
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2026
______________________________
KIM
REYNOLDS
Governor