Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S29 Compare Versions

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22 SENATE DOCKET, NO. 1301 FILED ON: 1/19/2023
33 SENATE . . . . . . . . . . . . . . No. 29
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Barry R. Finegold
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act establishing a special commission on blockchain and cryptocurrency.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Barry R. FinegoldSecond Essex and Middlesex 1 of 4
1616 SENATE DOCKET, NO. 1301 FILED ON: 1/19/2023
1717 SENATE . . . . . . . . . . . . . . No. 29
1818 By Mr. Finegold, a petition (accompanied by bill, Senate, No. 29) of Barry R. Finegold for
1919 legislation to establish a special commission (including members of the General Court) on
2020 blockchain and cryptocurrency. Advanced Information Technology, the Internet and
2121 Cybersecurity.
2222 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2323 SEE HOUSE, NO. 126 OF 2021-2022.]
2424 The Commonwealth of Massachusetts
2525 _______________
2626 In the One Hundred and Ninety-Third General Court
2727 (2023-2024)
2828 _______________
2929 An Act establishing a special commission on blockchain and cryptocurrency.
3030 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3131 of the same, as follows:
3232 1 SECTION 1. A special commission is hereby established for the purposes of making an
3333 2investigation relative to blockchain technology to develop a master plan of recommendations for
3434 3fostering the appropriate expansion of blockchain technology in the Commonwealth.
3535 4 SECTION 2. As used in this act, “blockchain” shall have the following meaning: a
3636 5mathematically secured, chronological and decentralized ledger or database.
3737 6 SECTION 3. The commission shall consist of 25 members: the speaker of the house of
3838 7representatives or a designee who shall serve as co-chair; the minority leader of the house of
3939 8representatives or a designee; the president of the senate or a designee who shall serve as co-
4040 9chair; the minority leader of the senate or a designee; four members of the house of 2 of 4
4141 10representatives appointed by the speaker; four members of the senate appointed by the president;
4242 11the attorney general or a designee; the chair of the cannabis control commission or a designee;
4343 12the commissioner of the department of revenue or a designee; the secretary of the executive
4444 13office of technology services and security or a designee; the secretary of public safety and
4545 14security or a designee; three persons to be appointed by the state secretary, provided that one
4646 15shall represent an organization focused on consumer protection; and five persons to be appointed
4747 16by the governor including one appointee from a financial technology company, one appointee of
4848 17a company with a business model that uses blockchain technology for purposes other than digital
4949 18assets and two appointees representing institutions of higher education in the commonwealth.
5050 19 All appointments shall be made not later than 45 days after the effective date of this act.
5151 20The chairpersons shall meet with the commission not later than 90 days after the effective date of
5252 21this act.
5353 22 SECTION 4. The commission shall be charged with examining the following:
5454 23 (a) The feasibility, validity and admissibility as well as risks, including privacy risks, and
5555 24benefits of using blockchain technology in state and local government and commonwealth-based
5656 25businesses; provided that, for the purposes of government use, the commission’s examination
5757 26shall include but not be limited to consideration of government records and delivery of services;
5858 27court proceedings; statewide registries including for firearms, marijuana and opiates and election
5959 28nomination papers, voter records and election results; and provided further that, for the purposes
6060 29of business use, the commission’s examination shall include but not be limited to consideration
6161 30of the advisability of allowing corporate records to be maintained using blockchain technology,
6262 31including any security requirements necessary to ensure their accuracy; 3 of 4
6363 32 (b) The need for modifications to the definition of blockchain in this act and to general
6464 33law to effect the appropriate deployment of blockchain technology;
6565 34 (c) The impact of the proliferation of the cryptocurrency industry on state revenues and
6666 35the need to restructure the commonwealth’s tax framework, including the advisability of taxing
6767 36cryptocurrency transactions as part of the sales tax;
6868 37 (d) The advisability of government agencies and relevant business enterprises, including
6969 38but not limited to cannabis retail stores, accepting payment in cryptocurrency;
7070 39 (e) The feasibility of regulating the energy consumption associated with cryptocurrency;
7171 40 (f) The consumer protection activities necessary to provide safeguards and offer
7272 41technological literacy to Massachusetts residents, including but not limited to the advisability of
7373 42licensure requirements;
7474 43 (g) The best practices for enabling blockchain technology to benefit the commonwealth,
7575 44Massachusetts-based businesses, and Massachusetts residents, including an examination of
7676 45historical barriers to entry and participation in emerging technologies and markets for individuals
7777 46underrepresented in these industries and markets;
7878 47 (h) The state agencies best equipped to provide oversight of blockchain technology and
7979 48the cryptocurrency industry, including with respect to consumer protection; and
8080 49 (i) Any other related topic which the commission may choose to examine in relation to
8181 50blockchain technology. 4 of 4
8282 51 The commission shall take input from a broad range of stakeholders with a diverse range
8383 52of interests affected by state policies governing emerging technologies, privacy, business,
8484 53finance, the courts, the legal community, and state and local government.
8585 54 SECTION 5. Not later than one year after all appointments to the commission have been
8686 55made pursuant to section 3 of this act, the commission shall report to the general court the result
8787 56of its investigation and its master plan of recommendations to foster a positive blockchain
8888 57technology environment, together with drafts of legislation necessary to effect its
8989 58recommendations, by filing the same with the clerk of the house of representatives and the clerk
9090 59of the senate.