Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1967 Compare Versions

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22 SENATE DOCKET, NO. 422 FILED ON: 1/13/2025
33 SENATE . . . . . . . . . . . . . . No. 1967
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Peter J. Durant
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 relative to a bitcoin strategic reserve.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Peter J. DurantWorcester and Hampshire 1 of 4
1616 SENATE DOCKET, NO. 422 FILED ON: 1/13/2025
1717 SENATE . . . . . . . . . . . . . . No. 1967
1818 By Mr. Durant, a petition (accompanied by bill, Senate, No. 1967) of Peter J. Durant for
1919 legislation relative to a bitcoin strategic reserve. Revenue.
2020 The Commonwealth of Massachusetts
2121 _______________
2222 In the One Hundred and Ninety-Fourth General Court
2323 (2025-2026)
2424 _______________
2525 An Act relative to a bitcoin strategic reserve.
2626 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2727 of the same, as follows:
2828 1 Chapter 29 of the General Laws, as appearing in the 2022 Official Edition, is hereby
2929 2amended by inserting after section 71 the following section:-
3030 3 Section 72. Definitions. (a) The following words and phrases when used in this act shall
3131 4have the meaning given to them in this section unless the context clearly indicates otherwise:
3232 5 “Bitcoin”, The decentralized digital currency launched in 2009, which is based on Satoshi
3333 6Nakamoto's white paper, entitled "Bitcoin: A Peer-to-Peer Electronic Cash System." The term
3434 7includes the digital asset that is the basis of the Bitcoin exchange-traded product and regulated
3535 8by the United States Securities and Exchange Commission.
3636 9 “Digital Asset”, A virtual currency, cryptocurrency or natively electronic asset, including
3737 10Bitcoin, a stablecoin, a nonfungible token or other digital-only asset that confers economic,
3838 11proprietary or access rights or powers. 2 of 4
3939 12 “Exchange-traded product”, A financial instrument that is approved by the United States
4040 13Securities and Exchange Commission, the Commodities Future Trading Commission or the
4141 14Department of Banking and Securities, is traded on a United States regulated exchange and
4242 15derives its value from an underlying pool of assets, including stocks, bonds, commodities or
4343 16indexes.
4444 17 “Private key”, A unique element of cryptographic data that is used for signing
4545 18transactions on a blockchain and is known to the owner of the unique element.
4646 19 ‘Qualified custodian”, A Federal or State chartered bank, trust company or special
4747 20purpose depository institution or a company regulated by the Commonwealth that has custody of
4848 21Bitcoin or a digital asset for an approved exchange-traded product.
4949 22 “Secure custody solution”, A technological product or a blended product and service that
5050 23meets all of the following criteria:
5151 24 (1) Has a cryptographic private key that secures a digital asset, which is exclusively
5252 25known by and accessible by a government entity.
5353 26 (2) Has a cryptographic private key that secures a digital asset, which is exclusively
5454 27contained within an encrypted environment and accessible only via an end-to-end encrypted
5555 28channel.
5656 29 (3) Has a cryptographic private key that secures a digital asset, which is never contained
5757 30by, accessible by or controllable via a smartphone.
5858 31 (4) Has hardware containing a cryptographic private key that secures a digital asset and is
5959 32maintained in at least two geographically diversified specially designated secure data centers. 3 of 4
6060 33 (5) Enforces a multiparty governance structure for authorizing a transaction and user
6161 34access controls.
6262 35 (6) Logs each user-initiated action.
6363 36 (7) Undergoes regular code audits and penetration testing from an auditing firm, which
6464 37ensures that a vulnerability identified by the auditing firm is promptly remedied.
6565 38 (8) Is provided by an entity that has implemented a disaster recovery protocol to ensure
6666 39customer access to the digital assets if the entity becomes unavailable.
6767 40 (b) There shall be established and set up on the books of the commonwealth a separate
6868 41fund known as the Commonwealth Bitcoin Strategic Reserve to be administered by the treasurer
6969 42of the commonwealth.
7070 43 (c) The State Treasurer may invest in Bitcoin or digital assets with money that is
7171 44unexpended, unencumbered or uncommitted and deposited in any of the following funds:
7272 45 The Commonwealth Bitcoin Strategic Reserve as established under this section.
7373 46 (d) The amount of money that the State Treasurer may invest in Bitcoin or digital assets
7474 47during the course of a fiscal year may not exceed 10% of the total amount of money being
7575 48deposited in the Commonwealth Stabilization Fund, as allocated by the legislature. The treasurer
7676 49may also deposit in the fund any bitcoin or other digital asset seized by the commonwealth.
7777 50 (e) Bitcoin or digital assets acquired by the fund specified under subsection (b) shall be
7878 51held directly by the State Treasurer through the use of a secure custody solution on behalf of the
7979 52Commonwealth by a qualified custodian or in the form of an exchange-traded product issued by
8080 53an investment company registered in this Commonwealth. 4 of 4
8181 54 (f) If the treasurer can loan Bitcoin or other digital assets without increasing the financial
8282 55risk to the commonwealth, the treasurer may loan Bitcoin or other digital assets to generate
8383 56additional returns for the commonwealth. The treasurer shall promulgate regulations for the
8484 57purpose of this subsection.