LEGISLATIVE SERVICES AGENCY OFFICE OF FISCAL AND MANAGEMENT ANALYSIS FISCAL IMPACT STATEMENT LS 6634 NOTE PREPARED: Dec 26, 2024 BILL NUMBER: HB 1322 BILL AMENDED: SUBJECT: Blockchain Technology; State Investment in Bitcoin. FIRST AUTHOR: Rep. Criswell BILL STATUS: As Introduced FIRST SPONSOR: FUNDS AFFECTED:XGENERAL IMPACT: State XDEDICATED FEDERAL Summary of Legislation: The bill provides that not later than March 1, 2026, the Department of Administration (IDOA) shall issue a request for information for purposes of exploring how the use of blockchain technology could be used by a state agency to: (1) achieve greater cost efficiency and cost effectiveness; and (2) improve consumer convenience, experience, data security, and data privacy. The bill requires the IDOA to compile a report concerning the request for information and submit the report to the Legislative Council not later than October 1, 2026. It allows funds held by the Public Employees' Retirement Fund, the State Teachers' Retirement Fund, or public officers of the state to be invested in certain bitcoin exchange traded funds (ETFs). Effective Date: July 1, 2025. Explanation of State Expenditures: Department of Administration: There would be an increase in IDOA workload, and potentially expenditures, to issue a RFI concerning blockchain technology and to produce and deliver the required report. A position could be filled temporarily by a consultant, or a FTE could be hired. Expenditures could be $117,300 in FY 2026 and $118,400 in FY 2027 for an additional FTE. The estimate includes base salary and fringe benefits. The base salary of the position is based on existing IDOA procurement consultant salaries as of August 2024. Other State Agencies: The bill allows the Indiana Public Retirement System (INPRS) and Treasurer of State (TOS) to invest in bitcoin ETFs. This could require additional expenditure in updating software and generating expertise in digital currency trading. These responsibilities fall within the routine functions of these agencies. The administrative costs of managing investments under INPRS are paid from the respective pension funds. Additional Information - Typically, expertise for an RFI process comes from the state agency requesting the RFI and not the IDOA. The bill provides a list of agencies that would participate in the RFI. If the Secretary of State (SOS), Family and Social Services Administration (FSSA), Department of Workforce Development (DWD), or Department of Child Services (DCS) does not have the expertise to assist in the RFI process, the HB 1322 1 IDOA would likely need an additional procurement position with blockchain technology expertise to complete the bill's requirements. The additional funds and resources required to accomplish the bill's requirements could be supplied through existing staff and resources currently being used in another program or with new appropriations. Ultimately, the source of funds and resources required to satisfy the requirements of this bill may depend on further legislative and/or administrative actions. Explanation of State Revenues: The bill defines “bitcoin” and states that an "approved bitcoin exchange traded fund" means a spot bitcoin exchange traded fund that has been approved for listing on national securities exchanges by the United States Securities and Exchange Commission under 15 U.S.C. 78f(b)(2). In January 2024, the U.S. Securities and Exchange Commission approved the first bitcoin spot ETFs. These ETFs provide investors with direct exposure to bitcoin without the complexities of owning the digital currency directly or managing a wallet. The bill provides that the board of trustees of the INPRS and Treasurer of State may invest or reinvest funds that are available for investment in approved bitcoin spot ETFs. Allowing state fiscal officers to invest in the bitcoin spot ETFs will change the risk and return profile of the underlying investments. The bill would have an indeterminable impact on investment returns for the funds managed by these state agencies. The fiscal impact will depend on whether the investment managers choose to invest in bitcoin spot ETFs and the future return on those investment. Explanation of Local Expenditures: The bill allows a county treasurer or a fiscal officer of any political subdivision other than a county to invest or reinvest in a bitcoin spot ETF. These investments may require updating software and developing expertise related to investment in digital currencies. These responsibilities fall within the routine functions of these local officers. Explanation of Local Revenues: This bill would have an indeterminable impact on investment returns for the funds managed by the local officers who invest or reinvest in bitcoin spot ETFs. (See Explanation of State Revenues.) State Agencies Affected: IDOA, FSSA, SOS, DWD, DCS, TOS, INPRS. Local Agencies Affected: All local units. Information Sources: Molly Timperman, Communications/Legislative Director, Indiana Department of Administration; State Staffing Table August 2024 (for salary estimate); INPRS. Investment Policy Statement. https://www.in.gov/inprs/files/INPRS_IPS.pdf ; U.S. Security and Exchange Commission, Statement on the Approval of Spot Bitcoin Exchange-Traded Products https://www.sec.gov/newsroom/speeches-statements/gensler-statement-spot-bitcoin-011023 Fiscal Analyst: Randhir Jha, 317-232-9556. HB 1322 2