The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
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                                   9086
 
                           I N  A S S E M B L Y
 
                             January 31, 2022
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on Governmental Operations
 
 AN  ACT  to  amend  the public officers law, in relation to reporting of
   cryptocurrency holdings on the annual statement of  financial  disclo-
   sure
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 3 of section 73-a of the public officers law is
 amended by adding a new paragraph 16-a to read as follows:
   16-A. LIST BELOW THE TYPE AND MARKET VALUE OF CRYPTOCURRENCIES HELD BY
 THE REPORTING INDIVIDUAL OR SUCH INDIVIDUAL'S SPOUSE IN EXCESS OF $1,000
 AT THE CLOSE OF THE TAXABLE YEAR LAST OCCURRING PRIOR  TO  THE  DATE  OF
 FILING.  WHENEVER AN INTEREST IN CRYPTOCURRENCIES EXISTS THROUGH A BENE-
 FICIAL INTEREST IN A TRUST, THE  CRYPTOCURRENCIES  HELD  IN  SUCH  TRUST
 SHALL  BE  LISTED ONLY IF THE REPORTING INDIVIDUAL HAS KNOWLEDGE THEREOF
 EXCEPT WHERE THE REPORTING  INDIVIDUAL  OR  THE  REPORTING  INDIVIDUAL'S
 SPOUSE  HAS  TRANSFERRED  ASSETS TO SUCH TRUST FOR HIS OR HER BENEFIT IN
 WHICH EVENT SUCH CRYPTOCURRENCIES SHALL BE LISTED UNLESS  THEY  ARE  NOT
 ASCERTAINABLE  BY  THE REPORTING INDIVIDUAL BECAUSE THE TRUSTEE IS UNDER
 AN OBLIGATION OR HAS BEEN INSTRUCTED IN  WRITING  NOT  TO  DISCLOSE  THE
 CONTENTS  OF THE TRUST TO THE REPORTING INDIVIDUAL.  CRYPTOCURRENCIES OF
 WHICH THE REPORTING INDIVIDUAL OR THE REPORTING INDIVIDUAL'S  SPOUSE  IS
 THE  OWNER OF RECORD BUT IN WHICH SUCH INDIVIDUAL OR THE REPORTING INDI-
 VIDUAL'S SPOUSE HAS NO BENEFICIAL INTEREST SHALL  NOT  BE  LISTED.  ALSO
 LIST  CRYPTOCURRENCIES  OWNED  FOR  INVESTMENT PURPOSES BY A CORPORATION
 MORE THAN FIFTY PERCENT  (50%)  OF  THE  STOCK  OF  WHICH  IS  OWNED  OR
 CONTROLLED  BY THE REPORTING INDIVIDUAL OR SUCH INDIVIDUAL'S SPOUSE. FOR
 THE PURPOSES OF THIS ITEM THE TERM "CRYPTOCURRENCY" SHALL MEAN A DIGITAL
 CURRENCY IN WHICH ENCRYPTION TECHNIQUES ARE USED TO REGULATE THE  GENER-
 ATION  OF UNITS AND CURRENCY AND VERIFY THE TRANSFER OF FUNDS, OPERATING
 INDEPENDENTLY FROM A CENTRAL BANK.
 
                                         CATEGORY OF
                                         MARKET VALUE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11844-01-1
 A. 9086                             2
 
                                         AS OF THE CLOSE
                                         OF THE TAXABLE
                                         YEAR LAST
                                         OCCURRING
                                         PRIOR TO
   SELF/        TYPE OF                  THE FILING OF
   SPOUSE       CRYPTOCURRENCY           THIS STATEMENT
                                         (IN TABLE II)
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   §  2. This act shall take effect on the first of January next succeed-
 ing the date upon which it shall have become a law.