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Rep. Edgar González, Jr.
Filed: 5/27/2025
| | 10400SB1797ham001 | | LRB104 09833 BAB 26731 a |
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| 1 | | AMENDMENT TO SENATE BILL 1797
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| 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.". |