*HB1322.1* February 10, 2025 HOUSE BILL No. 1322 _____ DIGEST OF HB 1322 (Updated February 10, 2025 11:53 am - DI 87) Citations Affected: IC 4-13; IC 5-10.3; IC 5-13. Synopsis: Blockchain technology; state investment in Bitcoin. Provides that not later than March 1, 2026, the department of administration (department) may 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. Requires the department to compile a report concerning the request for information and submit the report to the legislative council not later than October 1, 2026. Allows funds held by the public employees' retirement fund to be invested in certain Bitcoin exchange traded funds. Effective: July 1, 2025. Teshka, Lindauer, Criswell, Pierce K January 13, 2025, read first time and referred to Committee on Government and Regulatory Reform. February 10, 2025, amended, reported — Do Pass. HB 1322—LS 6634/DI 119 February 10, 2025 First Regular Session of the 124th General Assembly (2025) PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2024 Regular Session of the General Assembly. HOUSE BILL No. 1322 A BILL FOR AN ACT to amend the Indiana Code concerning state and local administration. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 4-13-1-28 IS ADDED TO THE INDIANA CODE 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 3 1, 2025]: Sec. 28. (a) As used in this section, "blockchain 4 technology" means distributed ledger technology that uses a 5 distributed, decentralized, shared, and replicated ledger that may 6 be public or private, permissioned or permissionless, and that may 7 include the use of electronic currencies or electronic tokens as a 8 medium of electronic exchange. 9 (b) As used in this section, "distributed ledger technology" 10 means: 11 (1) a data base that is consensually shared and synchronized 12 across multiple sites, institutions, or geographies allowing for 13 public witnesses to transactions; and 14 (2) supporting infrastructure for a data base described in 15 subdivision (1). 16 (c) Not later than March 1, 2026, the department may issue a 17 request for information in compliance with IC 5-23-4.5 for HB 1322—LS 6634/DI 119 2 1 purposes of exploring how the use of blockchain technology could 2 be used by a state agency to: 3 (1) achieve greater cost efficiency and cost effectiveness; and 4 (2) improve consumer: 5 (A) convenience; 6 (B) experience; 7 (C) data security; and 8 (D) data privacy. 9 If the department issues a request for information, the department 10 must comply with the requirements of this section. 11 (d) The request for information shall include participation from 12 the following state agencies: 13 (1) The office of the secretary of state. 14 (2) The office of the secretary of family and social services (IC 15 12-8-1.5-1). 16 (3) The department of workforce development (IC 22-4.1-2-1). 17 (4) The department of child services (IC 31-25-1-1). 18 (5) The office of technology (IC 4-13.1-1-3). 19 (6) Any other state agency as determined by the office of 20 technology. 21 (e) The department shall set a deadline of not later than July 1, 22 2026, for submission of responses to the request for information. 23 (f) Subject to IC 5-23-4.5-3, the department shall prepare a 24 report that includes: 25 (1) information regarding the responses to the request for 26 information, including a copy of any portions of a response 27 that may be disclosed under IC 5-14-3; 28 (2) any recommendations by the department regarding the 29 request for information or the responses to the request for 30 information; and 31 (3) any other information that the department determines is 32 relevant to the request for information. 33 (g) Not later than October 1, 2026, the department shall submit 34 the report prepared under subsection (g) to the legislative council 35 in an electronic format under IC 5-14-6. 36 (h) This section expires December 31, 2026. 37 SECTION 2. IC 5-10.3-5-8 IS ADDED TO THE INDIANA CODE 38 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 39 1, 2025]: Sec. 8. (a) The following definitions apply throughout this 40 section: 41 (1) "Approved Bitcoin exchange traded fund" means a spot 42 Bitcoin exchange traded fund that has been approved for HB 1322—LS 6634/DI 119 3 1 listing on national securities exchanges by the United States 2 Securities and Exchange Commission under 15 U.S.C. 3 78f(b)(2). 4 (2) "Bitcoin" means a digital asset that is issued and 5 transferred via a distributed, open-source protocol used by a 6 peer to peer computer network through which transactions 7 are recorded on a public transaction ledger known as the 8 Bitcoin blockchain. 9 (3) "Bitcoin futures exchange traded fund" means an 10 exchange traded fund that: 11 (A) holds Bitcoin futures contracts as an asset of the fund; 12 and 13 (B) does not own and store Bitcoin as an asset of the fund. 14 (4) "Spot Bitcoin exchange traded fund": 15 (A) means an exchange traded fund that owns and stores 16 Bitcoin as an asset of the fund; and 17 (B) does not include a Bitcoin futures exchange traded 18 fund. 19 (b) The board may invest or reinvest funds that are held by the 20 board and available for investment in approved Bitcoin exchange 21 traded funds. 22 SECTION 3. IC 5-13-9-1, AS AMENDED BY P.L.102-2014, 23 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 24 JULY 1, 2025]: Sec. 1. (a) Except as provided in subsection (b), in 25 addition to any other statutory power to make investments, each county 26 treasurer and each fiscal officer of any political subdivision other than 27 a county, under the guidelines established, respectively, by the board 28 of county commissioners of each county and the fiscal body of any 29 other subdivision, and any other officer of a local government entity 30 authorized by statute or court order to make investments, may invest 31 any funds held by each in accordance with this chapter. 32 (b) The treasurer of state may invest funds under sections 2(a)(3), 33 and 2.5, and 2.6 of this chapter. 34 (c) The funds that may be invested under this chapter include money 35 raised by bonds issued for a future specific purpose, sinking funds, 36 depreciation reserve funds, gift, bequest or endowment, and any other 37 funds available for investment. 38 SECTION 4. IC 5-13-9-2.6 IS ADDED TO THE INDIANA CODE 39 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 40 1, 2025]: Sec. 2.6. (a) The definitions in IC 5-10.3-5-8 apply 41 throughout this section. 42 (b) The treasurer of state may invest or reinvest funds that are HB 1322—LS 6634/DI 119 4 1 held by the treasurer of state and available for investment in 2 approved Bitcoin exchange traded funds. HB 1322—LS 6634/DI 119 5 COMMITTEE REPORT Mr. Speaker: Your Committee on Government and Regulatory Reform, to which was referred House Bill 1322, has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows: Page 1, delete lines 1 through 17. Page 2, delete lines 1 through 36, begin an new paragraph and insert: "SECTION 1. IC 4-13-1-28 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 28. (a) As used in this section, "blockchain technology" means distributed ledger technology that uses a distributed, decentralized, shared, and replicated ledger that may be public or private, permissioned or permissionless, and that may include the use of electronic currencies or electronic tokens as a medium of electronic exchange. (b) As used in this section, "distributed ledger technology" means: (1) a data base that is consensually shared and synchronized across multiple sites, institutions, or geographies allowing for public witnesses to transactions; and (2) supporting infrastructure for a data base described in subdivision (1). (c) Not later than March 1, 2026, the department may issue a request for information in compliance with IC 5-23-4.5 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: (A) convenience; (B) experience; (C) data security; and (D) data privacy. If the department issues a request for information, the department must comply with the requirements of this section. (d) The request for information shall include participation from the following state agencies: (1) The office of the secretary of state. (2) The office of the secretary of family and social services (IC 12-8-1.5-1). (3) The department of workforce development (IC 22-4.1-2-1). (4) The department of child services (IC 31-25-1-1). HB 1322—LS 6634/DI 119 6 (5) The office of technology (IC 4-13.1-1-3). (6) Any other state agency as determined by the office of technology. (e) The department shall set a deadline of not later than July 1, 2026, for submission of responses to the request for information. (f) Subject to IC 5-23-4.5-3, the department shall prepare a report that includes: (1) information regarding the responses to the request for information, including a copy of any portions of a response that may be disclosed under IC 5-14-3; (2) any recommendations by the department regarding the request for information or the responses to the request for information; and (3) any other information that the department determines is relevant to the request for information. (g) Not later than October 1, 2026, the department shall submit the report prepared under subsection (g) to the legislative council in an electronic format under IC 5-14-6. (h) This section expires December 31, 2026.". Page 3, delete lines 22 through 28. Page 4, delete lines 7 through 9, begin a new paragraph and insert: "(b) The treasurer of state may invest or reinvest funds that are held by the treasurer of state and available for investment in approved Bitcoin exchange traded funds.". Renumber all SECTIONS consecutively. and when so amended that said bill do pass. (Reference is to HB 1322 as introduced.) MILLER D Committee Vote: yeas 9, nays 3. HB 1322—LS 6634/DI 119