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2 | 2 | | SENATE DOCKET, NO. 422 FILED ON: 1/13/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1967 |
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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 | | Peter J. Durant |
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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 relative to a bitcoin strategic reserve. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Peter J. DurantWorcester and Hampshire 1 of 4 |
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16 | 16 | | SENATE DOCKET, NO. 422 FILED ON: 1/13/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1967 |
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18 | 18 | | By Mr. Durant, a petition (accompanied by bill, Senate, No. 1967) of Peter J. Durant for |
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19 | 19 | | legislation relative to a bitcoin strategic reserve. Revenue. |
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20 | 20 | | The Commonwealth of Massachusetts |
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21 | 21 | | _______________ |
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22 | 22 | | In the One Hundred and Ninety-Fourth General Court |
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23 | 23 | | (2025-2026) |
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24 | 24 | | _______________ |
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25 | 25 | | An Act relative to a bitcoin strategic reserve. |
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26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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27 | 27 | | of the same, as follows: |
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28 | 28 | | 1 Chapter 29 of the General Laws, as appearing in the 2022 Official Edition, is hereby |
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29 | 29 | | 2amended by inserting after section 71 the following section:- |
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30 | 30 | | 3 Section 72. Definitions. (a) The following words and phrases when used in this act shall |
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31 | 31 | | 4have the meaning given to them in this section unless the context clearly indicates otherwise: |
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32 | 32 | | 5 “Bitcoin”, The decentralized digital currency launched in 2009, which is based on Satoshi |
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33 | 33 | | 6Nakamoto's white paper, entitled "Bitcoin: A Peer-to-Peer Electronic Cash System." The term |
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34 | 34 | | 7includes the digital asset that is the basis of the Bitcoin exchange-traded product and regulated |
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35 | 35 | | 8by the United States Securities and Exchange Commission. |
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36 | 36 | | 9 “Digital Asset”, A virtual currency, cryptocurrency or natively electronic asset, including |
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37 | 37 | | 10Bitcoin, a stablecoin, a nonfungible token or other digital-only asset that confers economic, |
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38 | 38 | | 11proprietary or access rights or powers. 2 of 4 |
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39 | 39 | | 12 “Exchange-traded product”, A financial instrument that is approved by the United States |
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40 | 40 | | 13Securities and Exchange Commission, the Commodities Future Trading Commission or the |
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41 | 41 | | 14Department of Banking and Securities, is traded on a United States regulated exchange and |
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42 | 42 | | 15derives its value from an underlying pool of assets, including stocks, bonds, commodities or |
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43 | 43 | | 16indexes. |
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44 | 44 | | 17 “Private key”, A unique element of cryptographic data that is used for signing |
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45 | 45 | | 18transactions on a blockchain and is known to the owner of the unique element. |
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46 | 46 | | 19 ‘Qualified custodian”, A Federal or State chartered bank, trust company or special |
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47 | 47 | | 20purpose depository institution or a company regulated by the Commonwealth that has custody of |
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48 | 48 | | 21Bitcoin or a digital asset for an approved exchange-traded product. |
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49 | 49 | | 22 “Secure custody solution”, A technological product or a blended product and service that |
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50 | 50 | | 23meets all of the following criteria: |
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51 | 51 | | 24 (1) Has a cryptographic private key that secures a digital asset, which is exclusively |
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52 | 52 | | 25known by and accessible by a government entity. |
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53 | 53 | | 26 (2) Has a cryptographic private key that secures a digital asset, which is exclusively |
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54 | 54 | | 27contained within an encrypted environment and accessible only via an end-to-end encrypted |
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55 | 55 | | 28channel. |
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56 | 56 | | 29 (3) Has a cryptographic private key that secures a digital asset, which is never contained |
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57 | 57 | | 30by, accessible by or controllable via a smartphone. |
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58 | 58 | | 31 (4) Has hardware containing a cryptographic private key that secures a digital asset and is |
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59 | 59 | | 32maintained in at least two geographically diversified specially designated secure data centers. 3 of 4 |
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60 | 60 | | 33 (5) Enforces a multiparty governance structure for authorizing a transaction and user |
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61 | 61 | | 34access controls. |
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62 | 62 | | 35 (6) Logs each user-initiated action. |
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63 | 63 | | 36 (7) Undergoes regular code audits and penetration testing from an auditing firm, which |
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64 | 64 | | 37ensures that a vulnerability identified by the auditing firm is promptly remedied. |
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65 | 65 | | 38 (8) Is provided by an entity that has implemented a disaster recovery protocol to ensure |
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66 | 66 | | 39customer access to the digital assets if the entity becomes unavailable. |
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67 | 67 | | 40 (b) There shall be established and set up on the books of the commonwealth a separate |
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68 | 68 | | 41fund known as the Commonwealth Bitcoin Strategic Reserve to be administered by the treasurer |
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69 | 69 | | 42of the commonwealth. |
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70 | 70 | | 43 (c) The State Treasurer may invest in Bitcoin or digital assets with money that is |
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71 | 71 | | 44unexpended, unencumbered or uncommitted and deposited in any of the following funds: |
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72 | 72 | | 45 The Commonwealth Bitcoin Strategic Reserve as established under this section. |
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73 | 73 | | 46 (d) The amount of money that the State Treasurer may invest in Bitcoin or digital assets |
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74 | 74 | | 47during the course of a fiscal year may not exceed 10% of the total amount of money being |
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75 | 75 | | 48deposited in the Commonwealth Stabilization Fund, as allocated by the legislature. The treasurer |
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76 | 76 | | 49may also deposit in the fund any bitcoin or other digital asset seized by the commonwealth. |
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77 | 77 | | 50 (e) Bitcoin or digital assets acquired by the fund specified under subsection (b) shall be |
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78 | 78 | | 51held directly by the State Treasurer through the use of a secure custody solution on behalf of the |
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79 | 79 | | 52Commonwealth by a qualified custodian or in the form of an exchange-traded product issued by |
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80 | 80 | | 53an investment company registered in this Commonwealth. 4 of 4 |
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81 | 81 | | 54 (f) If the treasurer can loan Bitcoin or other digital assets without increasing the financial |
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82 | 82 | | 55risk to the commonwealth, the treasurer may loan Bitcoin or other digital assets to generate |
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83 | 83 | | 56additional returns for the commonwealth. The treasurer shall promulgate regulations for the |
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84 | 84 | | 57purpose of this subsection. |
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