SB1797 - 104th General Assembly
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| 1 | AMENDMENT TO SENATE BILL 1797 | ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 1797 on page 2, | ||||||
| 3 | line 17, after "resident", by inserting "as part of a business | ||||||
| 4 | or on behalf of a customer who has entered into an agreement | ||||||
| 5 | with a business for the provision of such services"; and | ||||||
| 6 | on page 3, by replacing lines 2 through 10 with the following: | ||||||
| 7 | "(1) A digital representation of value that a merchant | ||||||
| 8 | grants as part of an affinity or rewards program and that | ||||||
| 9 | primarily relates to such affinity or rewards program. | ||||||
| 10 | (2) A digital representation of value that is issued | ||||||
| 11 | by or on behalf of a game publisher and that is used | ||||||
| 12 | primarily within online games or gaming platforms. | ||||||
| 13 | (3) Other digital representations of value that have | ||||||
| 14 | substantial value, utility, or significance beyond the | ||||||
| 15 | asset's mere existence as a digital asset, including | ||||||
| 16 | digital equivalents of tangible and intangible goods such | ||||||
| 17 | as: (A) works of art, musical compositions, literary | ||||||
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| 1 | works, and similar intellectual property; (B) collectibles | ||||||
| 2 | and merchandise; and (C) licenses, tickets, and similar | ||||||
| 3 | rights to attend events or participate in activities. | ||||||
| 4 | (4) A digital representation of value that is not | ||||||
| 5 | marketed, used, promoted, offered, or sold for investment | ||||||
| 6 | or speculation, except that this exclusion shall not apply | ||||||
| 7 | to any digital representation of value that (A) is | ||||||
| 8 | meme-based with no intrinsic value or utility or (B) is | ||||||
| 9 | marketed, used, promoted, offered, or sold in a manner | ||||||
| 10 | that intends to establish a reasonable expectation or | ||||||
| 11 | belief among the general public that the instrument will | ||||||
| 12 | retain a nominal value that is so stable as to render the | ||||||
| 13 | nominal value effectively fixed. The Department may adopt | ||||||
| 14 | rules to clarify the scope and applicability of this | ||||||
| 15 | subsection."; and | ||||||
| 16 | on page 3, line 11, by replacing "(3)" with "(5)"; and | ||||||
| 17 | on page 3, by deleting lines 13 through 16; and | ||||||
| 18 | on page 3, line 20, after "asset", by inserting "as part of a | ||||||
| 19 | business or on behalf of a customer who has entered into an | ||||||
| 20 | agreement with a business for the provision of such services"; | ||||||
| 21 | and | ||||||
| 22 | on page 4, line 4, before "(3)", by deleting "and"; and | ||||||
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| 1 | on page 4, by replacing line 5 with the following: | ||||||
| 2 | "development, publication, constitution, administration, | ||||||
| 3 | maintenance, and dissemination of software in and of itself, | ||||||
| 4 | (4) the issuance of a non-fungible token in and of itself, and | ||||||
| 5 | (5) validating a digital asset transaction, operating a node, | ||||||
| 6 | or engaging in similar activity to participate in | ||||||
| 7 | facilitating, operating, or securing a blockchain system."; | ||||||
| 8 | and | ||||||
| 9 | on page 11, immediately below line 4, by inserting the | ||||||
| 10 | following: | ||||||
| 11 | "(6) A person who (A) contributes connectivity | ||||||
| 12 | software or computing power or otherwise participates in | ||||||
| 13 | the process of securing a network, (B) records digital | ||||||
| 14 | asset transactions to the network or protocol governing | ||||||
| 15 | transfer of the digital representation of value, or (C) | ||||||
| 16 | develops, publishes, constitutes, administers, maintains, | ||||||
| 17 | or otherwise distributes software relating to the network, | ||||||
| 18 | so long as the person does not control transactions of | ||||||
| 19 | digital assets on the network."; and | ||||||
| 20 | on page 11, line 5, by replacing "(6)" with "(7)"; and | ||||||
| 21 | on page 80, line 16, by replacing the period with "; and"; and | ||||||
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| 1 | on page 80, immediately below line 16, by inserting the | ||||||
| 2 | following: | ||||||
| 3 | "(6) rules in connection with the adoption of | ||||||
| 4 | reciprocity agreements between the Department and the | ||||||
| 5 | appropriate licensing agency of another state to register | ||||||
| 6 | a covered person on an expedited basis.". | ||||||
