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2 | 2 | | SENATE DOCKET, NO. 1301 FILED ON: 1/19/2023 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 29 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Barry R. Finegold |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act establishing a special commission on blockchain and cryptocurrency. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Barry R. FinegoldSecond Essex and Middlesex 1 of 4 |
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16 | 16 | | SENATE DOCKET, NO. 1301 FILED ON: 1/19/2023 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 29 |
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18 | 18 | | By Mr. Finegold, a petition (accompanied by bill, Senate, No. 29) of Barry R. Finegold for |
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19 | 19 | | legislation to establish a special commission (including members of the General Court) on |
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20 | 20 | | blockchain and cryptocurrency. Advanced Information Technology, the Internet and |
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21 | 21 | | Cybersecurity. |
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22 | 22 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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23 | 23 | | SEE HOUSE, NO. 126 OF 2021-2022.] |
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24 | 24 | | The Commonwealth of Massachusetts |
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25 | 25 | | _______________ |
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26 | 26 | | In the One Hundred and Ninety-Third General Court |
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27 | 27 | | (2023-2024) |
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28 | 28 | | _______________ |
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29 | 29 | | An Act establishing a special commission on blockchain and cryptocurrency. |
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30 | 30 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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31 | 31 | | of the same, as follows: |
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32 | 32 | | 1 SECTION 1. A special commission is hereby established for the purposes of making an |
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33 | 33 | | 2investigation relative to blockchain technology to develop a master plan of recommendations for |
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34 | 34 | | 3fostering the appropriate expansion of blockchain technology in the Commonwealth. |
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35 | 35 | | 4 SECTION 2. As used in this act, “blockchain” shall have the following meaning: a |
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36 | 36 | | 5mathematically secured, chronological and decentralized ledger or database. |
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37 | 37 | | 6 SECTION 3. The commission shall consist of 25 members: the speaker of the house of |
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38 | 38 | | 7representatives or a designee who shall serve as co-chair; the minority leader of the house of |
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39 | 39 | | 8representatives or a designee; the president of the senate or a designee who shall serve as co- |
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40 | 40 | | 9chair; the minority leader of the senate or a designee; four members of the house of 2 of 4 |
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41 | 41 | | 10representatives appointed by the speaker; four members of the senate appointed by the president; |
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42 | 42 | | 11the attorney general or a designee; the chair of the cannabis control commission or a designee; |
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43 | 43 | | 12the commissioner of the department of revenue or a designee; the secretary of the executive |
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44 | 44 | | 13office of technology services and security or a designee; the secretary of public safety and |
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45 | 45 | | 14security or a designee; three persons to be appointed by the state secretary, provided that one |
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46 | 46 | | 15shall represent an organization focused on consumer protection; and five persons to be appointed |
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47 | 47 | | 16by the governor including one appointee from a financial technology company, one appointee of |
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48 | 48 | | 17a company with a business model that uses blockchain technology for purposes other than digital |
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49 | 49 | | 18assets and two appointees representing institutions of higher education in the commonwealth. |
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50 | 50 | | 19 All appointments shall be made not later than 45 days after the effective date of this act. |
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51 | 51 | | 20The chairpersons shall meet with the commission not later than 90 days after the effective date of |
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52 | 52 | | 21this act. |
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53 | 53 | | 22 SECTION 4. The commission shall be charged with examining the following: |
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54 | 54 | | 23 (a) The feasibility, validity and admissibility as well as risks, including privacy risks, and |
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55 | 55 | | 24benefits of using blockchain technology in state and local government and commonwealth-based |
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56 | 56 | | 25businesses; provided that, for the purposes of government use, the commission’s examination |
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57 | 57 | | 26shall include but not be limited to consideration of government records and delivery of services; |
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58 | 58 | | 27court proceedings; statewide registries including for firearms, marijuana and opiates and election |
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59 | 59 | | 28nomination papers, voter records and election results; and provided further that, for the purposes |
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60 | 60 | | 29of business use, the commission’s examination shall include but not be limited to consideration |
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61 | 61 | | 30of the advisability of allowing corporate records to be maintained using blockchain technology, |
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62 | 62 | | 31including any security requirements necessary to ensure their accuracy; 3 of 4 |
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63 | 63 | | 32 (b) The need for modifications to the definition of blockchain in this act and to general |
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64 | 64 | | 33law to effect the appropriate deployment of blockchain technology; |
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65 | 65 | | 34 (c) The impact of the proliferation of the cryptocurrency industry on state revenues and |
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66 | 66 | | 35the need to restructure the commonwealth’s tax framework, including the advisability of taxing |
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67 | 67 | | 36cryptocurrency transactions as part of the sales tax; |
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68 | 68 | | 37 (d) The advisability of government agencies and relevant business enterprises, including |
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69 | 69 | | 38but not limited to cannabis retail stores, accepting payment in cryptocurrency; |
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70 | 70 | | 39 (e) The feasibility of regulating the energy consumption associated with cryptocurrency; |
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71 | 71 | | 40 (f) The consumer protection activities necessary to provide safeguards and offer |
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72 | 72 | | 41technological literacy to Massachusetts residents, including but not limited to the advisability of |
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73 | 73 | | 42licensure requirements; |
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74 | 74 | | 43 (g) The best practices for enabling blockchain technology to benefit the commonwealth, |
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75 | 75 | | 44Massachusetts-based businesses, and Massachusetts residents, including an examination of |
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76 | 76 | | 45historical barriers to entry and participation in emerging technologies and markets for individuals |
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77 | 77 | | 46underrepresented in these industries and markets; |
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78 | 78 | | 47 (h) The state agencies best equipped to provide oversight of blockchain technology and |
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79 | 79 | | 48the cryptocurrency industry, including with respect to consumer protection; and |
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80 | 80 | | 49 (i) Any other related topic which the commission may choose to examine in relation to |
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81 | 81 | | 50blockchain technology. 4 of 4 |
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82 | 82 | | 51 The commission shall take input from a broad range of stakeholders with a diverse range |
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83 | 83 | | 52of interests affected by state policies governing emerging technologies, privacy, business, |
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84 | 84 | | 53finance, the courts, the legal community, and state and local government. |
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85 | 85 | | 54 SECTION 5. Not later than one year after all appointments to the commission have been |
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86 | 86 | | 55made pursuant to section 3 of this act, the commission shall report to the general court the result |
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87 | 87 | | 56of its investigation and its master plan of recommendations to foster a positive blockchain |
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88 | 88 | | 57technology environment, together with drafts of legislation necessary to effect its |
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89 | 89 | | 58recommendations, by filing the same with the clerk of the house of representatives and the clerk |
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90 | 90 | | 59of the senate. |
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