HA2TOSB18 • 2025

This House Amendment No.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Bush
Last action: 2026-06-18
Official status: Passed 6/18/26
Effective date: Not listed

Plain English Breakdown

The official text does not specify an effective date, only legislative passage dates.

House Amendment No. 2 to Senate Bill No. 18: Defining Virtual Currency Terms

This amendment clarifies legal definitions for 'virtual currency,' 'control' of virtual currency, and what counts as a 'virtual-currency business activity.'

What This Bill Does

Clarifies that stopping or suspending a transaction to prevent fraud does not count as having control over the currency.
Removes 'virtual currency' from definitions related to affinity or rewards programs, limiting those references to money and bank credit only.
Excludes certain digital assets from being considered virtual currencies if they have value beyond their existence as digital items, such as art, collectibles, in-game items, loyalty points, and tickets.
States that the Commissioner can create rules to decide if specific digital representations of value should be treated as virtual currency based on how they are traded.
Excludes from the definition of virtual currency any digital representation not marketed or sold for investment or speculation, subject to future rules by the Commissioner.
Defines 'virtual-currency business activity' to include exchanging, transferring, storing, or holding electronic precious metals as a service for customers.
States that peer-to-peer exchanges and software development do not count as virtual-currency business activities.

Who It Names or Affects

Businesses that exchange, transfer, store, or hold electronic precious metals on behalf of others
Companies issuing digital assets like art, collectibles, loyalty points, or tickets
The Commissioner who creates rules to define these terms further

Terms To Know

Virtual-currency business activity: Exchanging, transferring, storing virtual currency, or holding electronic precious metals as a service for customers.
Control of virtual currency: The ability to manage transactions, excluding actions taken only to stop fraud or unauthorized use.

Limits and Unknowns

The Commissioner must create specific rules later to decide if certain digital items count as virtual currencies.
The exact date this law takes effect is not listed in the provided text.
Some definitions depend on future decisions by regulators about what counts as speculative trading or how digital assets are marketed.

Bill History

2026-06-18 Delaware General Assembly
Introduced and Placed With Bill
2026-06-18 Delaware General Assembly
Passed In House by Voice Vote

Official Summary Text

This House Amendment No. 2 amends Senate Bill No. 18, as amended by Senate Amendment No. 1, by doing the following:
1. Clarifying the meaning of “Virtual currency.”
2. Clarifying the meaning of “Virtual-currency business activity.”
3. Clarifying the meaning of “Control of virtual currency.”

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. Bush

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 2

SENATE BILL NO. 18

AMEND Senate Bill No. 18, as amended by Senate Amendment No. 1, on line 650 by inserting “

Control does not mean a person who retains the ability to terminate, suspend, or interrupt a virtual-currency transaction or similar action to prevent an unauthorized or fraudulent activity.

” after “

virtual currency transaction.

”.

FURTHER AMEND Senate Bill No. 18, as amended by Senate Amendment No. 1,

on lines 668 and 669 by deleting “

money, bank credit, or virtual currency.

” as it appears therein and inserting in lieu thereof the following:

“

money or bank credit and that primarily relates to such affinity or rewards program.

”.

FURTHER AMEND Senate Bill No. 18, as amended by Senate Amendment No. 1, after line 672 and before line 673 by inserting the following:

“

3. A digital representation of value that has value, utility, or significance beyond its mere existence as a digital asset, and that is not traded in such a manner or form that it should be considered a virtual currency, such as a mass-minted series of items with substantially similar or nearly identical traits that are marketed or sold interchangeably and that are primarily speculative in nature, including the digital equivalent of a tangible or intangible good such as any of the following:

A. A work of art, a musical composition, a literary work, or other intellectual property.

B. Collectibles, merchandise, virtual land, and in-game or in-application assets.

C. Affinity, rewards, or loyalty points, including airline miles or credit card points.

D. Rights, licenses, and tickets.

E. Any other digital representation of value that the Commissioner, by rule or regulation, determines has value, utility, or significance beyond its mere existence as a digital representation of value, including the digital equivalent of a tangible or intangible good.

The Commissioner, by rule or regulation, may determine whether such a digital representation of value under this paragraph (6)b.3. is traded in such a manner or form that it should be considered a virtual currency.

4. A digital representation of value that is not marketed, used, promoted, offered, or sold for investment or speculation. The Commissioner may adopt rules to clarify the scope and applicability of this paragraph (6)b.4.

”.

FURTHER AMEND Senate Bill No. 18, as amended by Senate Amendment No. 1, by deleting lines 675 through 687 in their entirety and inserting in lieu thereof the following:

“

(8) a. "Virtual-currency business activity" means any of the following:

1. Exchanging, transferring, or storing virtual currency as part of a business or on behalf of a customer who has entered into an agreement with a business for the provision of such services.

2. Holding electronic precious metals or electronic certificates representing interests in precious metals on behalf of another person or issuing shares or electronic certificates representing interests in precious metals.

b. “Virtual-currency business activity" does not include any of the following:

1. Peer-to-peer exchanges or transfers of virtual currency.

2. Software facilitating peer-to-peer exchanges or transfers that are intended to automatically execute, control, or document events and actions.

3. The development, publication, constitution, administration, maintenance, and dissemination of software in and of itself.

”.

SYNOPSIS

This House Amendment No. 2 amends Senate Bill No. 18, as amended by Senate Amendment No. 1, by doing the following:

1. Clarifying the meaning of “Virtual currency.”

2. Clarifying the meaning of “Virtual-currency business activity.”

3. Clarifying the meaning of “Control of virtual currency.”