Bill Status of HB 3479   103rd General Assembly

Short Description:  FINANCIAL REGULATION-VARIOUS

House Sponsors
Rep. Mark L. Walker-Aaron M. Ortiz and Dagmara Avelar

Senate Sponsors
(Sen. Laura Ellman)


Last Action  View All Actions

DateChamber Action
  5/2/2023SenateReferred to Assignments

Statutes Amended In Order of Appearance
New Act
5 ILCS 140/7.5
30 ILCS 105/5.990 new
30 ILCS 105/5.991 new
205 ILCS 5/2from Ch. 17, par. 302
205 ILCS 5/30from Ch. 17, par. 337
205 ILCS 620/1-5.08from Ch. 17, par. 1551-5.08
205 ILCS 620/2-1from Ch. 17, par. 1552-1
205 ILCS 620/Art. IIA heading new
205 ILCS 620/2A-1 new
205 ILCS 620/2A-2 new
205 ILCS 620/2A-3 new
205 ILCS 620/2A-4 new
205 ILCS 620/4-1from Ch. 17, par. 1554-1
205 ILCS 620/4-2from Ch. 17, par. 1554-2
205 ILCS 620/4-5from Ch. 17, par. 1554-5
205 ILCS 620/4A-15
205 ILCS 620/5-1from Ch. 17, par. 1555-1
815 ILCS 505/2BBBB new
205 ILCS 657/Act rep.

Synopsis As Introduced
Creates the Uniform Money Transmission Modernization Act. Provides that the provisions supersede the Transmitters of Money Act. Sets forth provisions concerning money transmission licenses; acquisition of control; reporting and records; authorized delegates; timely transmission, refunds, and disclosures; prudential standards; and enforcement. Creates the Digital Assets Regulation Act. Provides that the Department of Financial and Professional Regulation shall regulate digital asset business activity in the State. Sets forth provisions concerning customer protections; compliance; licensure; supervision; general restrictions and prohibitions; confidentiality; and rulemaking authority. Amends the Corporate Fiduciary Act to create the Special Purpose Trust Company Authority and Organization Article. Makes conforming changes in the Freedom of Information Act, the Illinois Banking Act, and the Consumer Fraud and Deceptive Business Practices Act. Provides that the Transmitters of Money Act is repealed on January 1, 2025. Makes other changes. Effective immediately, except that the changes to the Transmitters of Money Act take effect January 1, 2025.

House Floor Amendment No. 1
Makes a change in a provision concerning a letter of credit. Sets forth provisions concerning orders to cease and desist and civil penalties. Changes the definition of "confidential supervisory information" and "digital asset business activity". Changes references to the Financial Protection Fund to the Digital Assets Regulation Fund. Sets forth provisions concerning a transition period for covered persons and exchanges. Removes language providing that a toll-free telephone number shall be operative 24 hours per day, Monday through Sunday. Makes other changes.

House Floor Amendment No. 2
Deletes reference to:
30 ILCS 105/5.991 new

Provides that the provisions do not apply to a credit union (rather than an insured depository credit union) organized under specified laws with member share accounts (rather than deposits) insured by an insurer approved by the credit union's primary financial regulatory agency (rather than primary regulator). Makes changes in the definitions of "digital asset", "digital asset administration", "exchange", "fiat currency", and "transfer". Defines "prepaid card". Provides that the provisions do not apply to the exchange, transfer, or storage of a digital asset or to digital asset administration to the extent that specified law governs the activity as a contract of a sale of a commodity for future delivery or a swap. Provides that the provisions shall be construed in a manner consistent with affording the greatest protection to residents, and shall not be construed to exempt an activity solely because a financial regulatory agency has anti-fraud and anti-manipulation enforcement authority over the activity. Provides that the provisions do not apply to a credit union with member share accounts insured by an insurer approved by the credit union's primary financial regulatory agency. Provides that the Department of Financial and Professional Regulation may by rule or order clarify whether an activity is governed by specified provisions. Provides that notwithstanding any other provision, the Department, by rule or order, may conditionally or unconditionally exempt any person, digital asset, or transaction, or any class or classes of persons, digital assets, or transactions, from any provision or any rule thereunder, to the extent that the exemption is necessary or appropriate in the public interest and is consistent with the protection of residents. Provides that the Digital Assets Regulation Fund is created as a special fund in the State Treasury (rather than the Fund is only created). Removes provisions concerning the TOMA Consumer Protection Fund.

Actions 
DateChamber Action
  2/17/2023HouseFiled with the Clerk by Rep. Mark L. Walker
  2/17/2023HouseFirst Reading
  2/17/2023HouseReferred to Rules Committee
  2/28/2023HouseAssigned to Financial Institutions and Licensing Committee
  3/7/2023HouseDo Pass / Short Debate Financial Institutions and Licensing Committee; 008-004-000
  3/8/2023HousePlaced on Calendar 2nd Reading - Short Debate
  3/21/2023HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Mark L. Walker
  3/21/2023HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/22/2023HouseHouse Floor Amendment No. 1 Rules Refers to Financial Institutions and Licensing Committee
  3/22/2023HouseAdded Co-Sponsor Rep. Dagmara Avelar
  3/22/2023HouseSecond Reading - Short Debate
  3/22/2023HouseHeld on Calendar Order of Second Reading - Short Debate
  3/23/2023HouseHouse Floor Amendment No. 1 Recommends Be Adopted Financial Institutions and Licensing Committee; 008-004-000
  3/24/2023HouseAdded Co-Sponsor Rep. Aaron M. Ortiz
  3/24/2023HouseAdded Chief Co-Sponsor Rep. Aaron M. Ortiz
  3/24/2023HouseRemoved Co-Sponsor Rep. Aaron M. Ortiz
  3/24/2023HouseHouse Floor Amendment No. 1 Adopted
  3/24/2023HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/24/2023HousePlaced on Calendar - Consideration Postponed
  3/27/2023HouseRule 19(a) / Re-referred to Rules Committee
  4/18/2023HouseApproved for Consideration Rules Committee; 005-000-000
  4/18/2023HousePlaced on Calendar - Consideration Postponed
  4/18/2023HouseThird Reading Deadline Extended-Rule May 19, 2023
  4/24/2023HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Mark L. Walker
  4/24/2023HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/25/2023HouseHouse Floor Amendment No. 2 Rules Refers to Financial Institutions and Licensing Committee
  4/25/2023HouseHouse Floor Amendment No. 2 Recommends Be Adopted Financial Institutions and Licensing Committee; 010-002-000
  4/27/2023HouseThird Reading - Consideration Postponed
  4/27/2023HouseRecalled to Second Reading - Short Debate
  4/27/2023HouseHouse Floor Amendment No. 2 Adopted
  4/27/2023HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/27/2023HouseThird Reading - Short Debate - Passed 090-021-000
  5/2/2023SenateArrive in Senate
  5/2/2023SenatePlaced on Calendar Order of First Reading
  5/2/2023SenateChief Senate Sponsor Sen. Laura Ellman
  5/2/2023SenateFirst Reading
  5/2/2023SenateReferred to Assignments

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