SB1797 - 104th General Assembly

Rep. Edgar González, Jr.

Filed: 5/27/2025

 

 


 

 


 
10400SB1797ham001LRB104 09833 BAB 26731 a

1
AMENDMENT TO SENATE BILL 1797

2    AMENDMENT NO. ______. Amend Senate Bill 1797 on page 2,
3line 17, after "resident", by inserting "as part of a business
4or on behalf of a customer who has entered into an agreement
5with a business for the provision of such services"; and
 
6on 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

 

 

10400SB1797ham001- 2 -LRB104 09833 BAB 26731 a

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
 
16on page 3, line 11, by replacing "(3)" with "(5)"; and
 
17on page 3, by deleting lines 13 through 16; and
 
18on page 3, line 20, after "asset", by inserting "as part of a
19business or on behalf of a customer who has entered into an
20agreement with a business for the provision of such services";
21and
 
22on page 4, line 4, before "(3)", by deleting "and"; and
 

 

 

10400SB1797ham001- 3 -LRB104 09833 BAB 26731 a

1on page 4, by replacing line 5 with the following:
2"development, publication, constitution, administration,
3maintenance, 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,
6or engaging in similar activity to participate in
7facilitating, operating, or securing a blockchain system.";
8and
 
9on page 11, immediately below line 4, by inserting the
10following:
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
 
20on page 11, line 5, by replacing "(6)" with "(7)"; and
 
21on page 80, line 16, by replacing the period with "; and"; and
 

 

 

10400SB1797ham001- 4 -LRB104 09833 BAB 26731 a

1on page 80, immediately below line 16, by inserting the
2following:
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.".