Oklahoma 2025 2025 Regular Session

Oklahoma House Bill HB1203 Introduced / Bill

Filed 01/15/2025

                     
 
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STATE OF OKLAHOMA 
 
1st Session of the 60th Legislature (2025) 
 
HOUSE BILL 1203 	By: Maynard 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to public finance; enacting the 
Strategic Bitcoin Reserve Act; providing definitions; 
permitting certain investments by the State 
Treasurer; limiting investments; directing certain 
taxes and fees be paid to the State General Fund; 
permitting investment of state retirement funds; 
providing for codification; and providing an 
effective date. 
 
 
 
 
BE IT ENACTED BY THE PEO PLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 89.12 of Title 62, unless there 
is created a duplication in numbering, reads as follows: 
This act shall be know n and may be cited as the "Strategic 
Bitcoin Reserve Act". 
SECTION 2.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 89.12a of Title 62, unless there 
is created a duplication in numbering, reads as f ollows: 
As used in this act, the following terms shall mean: 
1.  "Bitcoin" refers to the decentralized digital currency 
launched in 2009, based on Satoshi Nakamoto 's whitepaper titled   
 
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"Bitcoin: A Peer-to-Peer Electronic Cash System ".  Bitcoin also 
refers to the digital asset which is the basis of the bitcoin 
exchange-traded product and is regulated by the United States 
Securities and Exchange Commission; 
2.  "Digital asset" means virtual currency, cryptocurrencies, 
natively electronic assets, including stab lecoins and non-fungible 
tokens (NFTs), and other digital -only assets that con fer economic, 
proprietary, or access rights or powers; 
3.  "Exchange-traded product (ETP)" refers to any financial 
instrument that is approved by the United States Securities and 
Exchange Commission, or the Commodities Future Trading Commission, 
that is traded on an American regulated exchange and derives its 
value from an underlying pool of assets, such as stocks, bonds, 
commodities, or indexes; 
4.  "Private key" means a unique element of cryptographic data, 
used for signing transactions on a blockchain, a nd is known to the 
owner of the private key; 
5.  "Qualified custodian" means any federal or state -chartered 
bank, trust company, or special purpose depository institution or a 
company regulated by the state which custodies digital assets for an 
approved exchange-traded product;  
6.  "Secure custody solution" means a technological product or 
blended product and service which has all of the following 
characteristics:   
 
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a. the cryptographic private keys that secure digital 
assets are exclusively known by and acc essible by the 
government entity, 
b. the cryptographic private keys that secure digital 
assets are exclusively contained within an encrypted 
environment and accessible only via e nd-to-end 
encrypted channels, 
c. the cryptographic private keys that secure digital 
assets are never contained by, accessible by, or 
controllable via a smartphone, 
d. any hardware that contains the cryptographic private 
keys that secure digital assets is m aintained in at 
least two geographically diversified specially 
designated secure data centers, 
e. the secure custody solution enforces a multi -party 
governance structure for authorizing transactions, 
enforces user access controls, and logs all user -
initiated actions, 
f. the provider of the secure custody solution has 
implemented a disaster recovery protocol that ensures 
customer access to assets in the event the provider 
becomes unavailable, and 
g. the secure custody solution undergoes regular code 
audits and penetration testing from audit firms, and   
 
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any identified vulnerabilities sh ould be promptly 
remedied; 
7.  "Stablecoin" means a digital asset that is issued by a 
corporation backed by dollars or high -quality liquid assets and is 
redeemable, on demand, by the holder, at par for a fixed monetary 
value in equivalent United States dollars; 
8.  "Staking" means the act of committing digital assets for a 
period of time to validate and secure a specific blockchain network; 
and 
9.  "Staking as a service" means the provision of technical 
staking services, including the operation of nodes and the 
associated infrastructure necessary to facilitate participation in 
blockchain networks' consensus mechanisms. 
SECTION 3.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 89.12b of Title 62, unless there 
is created a duplication in numbering, reads as follows: 
A.  The State Treasurer may invest public funds in bitcoin or 
any digital asset with a market cap of over Five Hundred Billion 
Dollars ($500,000,000,000.00) averaged over the previous calendar 
year, and stablecoins from the following funds: 
1.  The State General Fund ; 
2.  The Revenue Stabilization Fund ; and 
3.  The Constitutional Reserve Fund.   
 
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B.  The amount of public funds that the State Treasurer may 
invest in bitcoin or any digital assets with a market cap of over 
Five Hundred Billion Dollars (500,000,000,000.00) averaged over the 
previous calendar year, and stablecoins may not, at the time the 
investment if made, exceed ten percent (10%) of the total amount of 
public funds in that account. 
C.  Any digital assets acquired by any of the funds listed in 
subsection A of this section shall be held: 
1.  Directly by the State Treasurer through the use of a secure 
custody solution; 
2.  On behalf of the state by a qualified custodian; or 
3.  In the form of an exchange-traded product issued by a 
registered investment company. 
D.  The State Treasurer may only hold stablecoins under this 
section that have received the appropriat e regulatory approva l from 
at least one of the competent authorities of the fo llowing: 
1.  The United States of America ; 
2.  Any state of the United States of America ; 
3.  The United Kingdom; 
4.  The Nation of Japan; or 
5.  The European Union. 
E.  If a digital asset can be staked with the Office of the 
State Treasurer retaining legal ownership of the digital asset, the 
State Treasurer may engage in staking using a third-party solution.   
 
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SECTION 4.     NEW LAW     A new section of law to be co dified 
in the Oklahoma Statutes as Section 89.12c of Title 62, unless there 
is created a duplication in numbering, reads as follows: 
All taxes or fees paid to the state in bitcoin shall be 
transferred to the State General Fund.  The State General Fund shall 
reimburse whatever fund the qualifying digital asset was designated 
to with United States currency. 
SECTION 5.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 89.12d of Title 62, unless there 
is created a duplication in numbering, reads as follows: 
Any state retirement fund m ay hold digital assets directly 
through the use of a secure custody solution, store digital assets 
with a qualified custodian, or invest digital assets in exchange-
traded products that have been duly registered by either the United 
States Securities and Exchange Commission or the Commodit ies Future 
Trading Commission. 
SECTION 6.  This act shall become effective November 1, 2025. 
 
60-1-10264 MJ 01/13/25