95 | 95 | | As used in this act, the following terms shall mean: |
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96 | 96 | | 1. "Bitcoin" refers to the decentralized digital currency |
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97 | 97 | | launched in 2009, based on Satoshi Nakamot o's whitepaper titled |
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98 | 98 | | "Bitcoin: A Peer-to-Peer Electronic Cash System ". Bitcoin also |
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99 | 99 | | refers to the digital asset which is the basis of the bitcoin |
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100 | 100 | | exchange-traded product and is regulated by the United States |
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101 | 101 | | Securities and Exchange Commission; |
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102 | 102 | | 2. "Digital asset" means virtual currency, cryptocurrencies, |
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103 | 103 | | natively electronic assets, including stablecoins and non -fungible |
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104 | 104 | | tokens (NFTs), and other digital -only assets that confer economic, |
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105 | 105 | | proprietary, or access rights or powers; |
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106 | 106 | | 3. "Exchange-traded product (ETP)" refers to any financial |
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107 | 107 | | instrument that is approved by the United States Securities and |
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108 | 108 | | Exchange Commission, or the Commodities Future Trading Commission, |
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142 | | - | 5. "Stablecoin" means a digital asset that is issued by a |
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143 | | - | corporation backed by dollars or high -quality liquid assets and is |
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144 | | - | redeemable, on demand, by the holder, at par for a fixed monetary |
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145 | | - | value in equivalent United States dollars; and |
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146 | | - | 6. "Staking" means the act of committing digital assets for a |
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147 | | - | period of time to validate and secure a specific blockchain network. |
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148 | | - | SECTION 3. NEW LAW A new section of law to be codified |
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149 | | - | in the Oklahoma Statutes as Section 89.1 2b of Title 62, unless there |
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150 | | - | is created a duplication in numbering, reads as follows: |
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151 | | - | A. The State Treasurer may invest public funds in bitcoin or |
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152 | | - | any digital asset with a market cap of over Five Hundred Billion |
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153 | | - | Dollars ($500,000,000,000.00) averaged over the previous calendar |
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154 | | - | year, and stablecoins f rom the following funds: |
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155 | | - | 1. The State General Fund; |
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156 | | - | 2. The Revenue Stabilization Fund; and |
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157 | | - | 3. The Constitutional Reserve Fund. |
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158 | | - | B. The amount of public funds that the State Treasurer may |
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159 | | - | invest in bitcoin or any digital assets with a market cap of over |
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160 | | - | Five Hundred Billion Dollars ($500,000,000,000.00) averaged over the |
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161 | | - | previous calendar year, and stablecoins may not, at the time the |
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162 | | - | investment is made, exceed five percent (5%) of the total amount of |
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163 | | - | public funds in that account. |
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164 | | - | C. Any digital assets a cquired by any of the funds listed in |
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165 | | - | subsection A of this section shall be held: |
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| 146 | + | 6. "Secure custody solution" means a technological product or |
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| 147 | + | blended product and service which has all of the following |
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| 148 | + | characteristics: |
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| 149 | + | a. the cryptographic private keys that secure digital |
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| 150 | + | assets are exclusively known by and accessible by the |
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| 151 | + | government entity, |
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| 152 | + | b. the cryptographic private keys that secure digi tal |
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| 153 | + | assets are exclusively contained within an encrypted |
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| 154 | + | environment and accessible only via end -to-end |
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| 155 | + | encrypted channels, |
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| 156 | + | c. the cryptographic private keys that secure digital |
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| 157 | + | assets are never contained by, accessible by, or |
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| 158 | + | controllable via a smartphone , |
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| 159 | + | d. any hardware that contains the cryptographic private |
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| 160 | + | keys that secure digital assets is maintained in at |
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| 161 | + | least two geographically diversified specially |
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| 162 | + | designated secure data centers, |
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| 163 | + | e. the secure custody solution enforces a multi -party |
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| 164 | + | governance structure for authorizing transactions, |
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| 165 | + | enforces user access controls, and logs all user - |
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| 166 | + | initiated actions, |
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| 167 | + | f. the provider of the secure custody solution has |
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| 168 | + | implemented a disaster recovery protocol that ensures |
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192 | | - | 1. On behalf of the state by a qualified custodian; or |
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193 | | - | 2. In the form of an exchange-traded product issued by a |
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194 | | - | registered investment company. |
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195 | | - | D. The State Treasurer may only hold stablecoins under this |
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196 | | - | section that have received the appropriate regulatory approval from |
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197 | | - | at least one of the competent authorities of the following: |
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198 | | - | 1. The United States of America; or |
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199 | | - | 2. Any state of the United States of America . |
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200 | | - | E. If a digital asset can be staked with the Office of the |
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201 | | - | State Treasurer retaining legal ownership of the digital asset, the |
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202 | | - | State Treasurer may engage in staking using a third -party solution. |
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203 | | - | SECTION 4. NEW LAW A new section of law to be codified |
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204 | | - | in the Oklahoma Statutes as Section 89.12 c of Title 62, unless there |
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| 196 | + | customer access to assets in the event the pr ovider |
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| 197 | + | becomes unavailable, and |
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| 198 | + | g. the secure custody solution undergoes regular code |
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| 199 | + | audits and penetration testing from audit firms, and |
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| 200 | + | any identified vulnerabilities should be promptly |
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| 201 | + | remedied; |
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| 202 | + | 7. "Stablecoin" means a digital asset that is issued by a |
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| 203 | + | corporation backed by dollars or high -quality liquid assets and is |
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| 204 | + | redeemable, on demand, by the holder, at par for a fixed monetary |
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| 205 | + | value in equivalent United States dollars; |
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| 206 | + | 8. "Staking" means the act of committing digital assets for a |
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| 207 | + | period of time to validate and secure a specific blockchain network; |
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| 208 | + | and |
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| 209 | + | 9. "Staking as a service" means the provision of technical |
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| 210 | + | staking services, including the operation of nodes and the |
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| 211 | + | associated infrastructure necessary to facilitate participation in |
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| 212 | + | blockchain networks' consensus mechanisms. |
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| 213 | + | SECTION 3. NEW LAW A new section of law to be codified |
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| 214 | + | in the Oklahoma Statutes as Section 89.12b of Title 62, unless there |
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206 | | - | Any state retirement fund may invest digital assets in exchange- |
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207 | | - | traded products that have been duly registered by either th e United |
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208 | | - | States Securities and Exchange Commission or the Commodities Future |
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209 | | - | Trading Commission. The amount of funds that may be invested in |
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210 | | - | bitcoin or any digital assets with a market cap of over Five Hundred |
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211 | | - | Billion Dollars ($500,000,000,000.00) averaged over the previous |
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212 | | - | calendar year, and stablecoins may not, at the time the investment |
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213 | | - | is made, exceed five percent (5%) of the total amount of funds in |
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214 | | - | that account. |
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215 | | - | SECTION 5. This act shall become effective November 1, 2025. |
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| 216 | + | A. The State Treasurer may invest public funds in bitcoin or |
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| 217 | + | any digital asset with a market cap of over Five Hundred Billion |
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| 218 | + | Dollars ($500,000,000,000.00) averaged over the previous calendar |
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| 219 | + | year, and stablecoins from the following funds: |
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242 | | - | Passed the House of Representatives the 24th day of March, 2025. |
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| 247 | + | 1. The State General Fund ; |
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| 248 | + | 2. The Revenue Stabilization Fund ; and |
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| 249 | + | 3. The Constitutional Reserve Fund. |
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| 250 | + | B. The amount of public funds that the State Treasurer may |
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| 251 | + | invest in bitcoin or any digital assets with a market cap of over |
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| 252 | + | Five Hundred Billion Dollars (500,000,000,000.00) averaged o ver the |
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| 253 | + | previous calendar year, and stablecoins may not, at the time the |
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| 254 | + | investment if made, exceed ten percent (10%) of the total amount of |
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| 255 | + | public funds in that account. |
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| 256 | + | C. Any digital assets acquired by any of the funds listed in |
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| 257 | + | subsection A of this section shall be held: |
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| 258 | + | 1. Directly by the State Treasurer through the use of a secure |
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| 259 | + | custody solution; |
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| 260 | + | 2. On behalf of the state by a qualified custodian; or |
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| 261 | + | 3. In the form of an exchange-traded product issued by a |
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| 262 | + | registered investment company. |
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| 263 | + | D. The State Treasurer may only hold stablecoins under this |
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| 264 | + | section that have received the appropriate regulatory approva l from |
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| 265 | + | at least one of the competent authorities of the following: |
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| 266 | + | 1. The United States of America ; |
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| 267 | + | 2. Any state of the United States of Ame rica; |
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| 268 | + | 3. The United Kingdom; |
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| 269 | + | 4. The Nation of Japan; or |
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| 270 | + | 5. The European Union. |
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| 298 | + | E. If a digital asset can be staked with the Office of the |
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| 299 | + | State Treasurer retaining legal ownership of the digital asset, the |
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| 300 | + | State Treasurer may engage in staking using a third-party solution. |
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| 301 | + | SECTION 4. NEW LAW A new section of law to be codified |
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| 302 | + | in the Oklahoma Statutes as Section 89.12c of Title 62, unless there |
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| 303 | + | is created a duplication in numbering, reads as follows: |
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| 304 | + | All taxes or fees paid to the state in bitcoin shall be |
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| 305 | + | transferred to the State General Fund. The State General Fund shall |
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| 306 | + | reimburse whatever fund the qualifying digital asset was designated |
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| 307 | + | to with United States currency. |
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| 308 | + | SECTION 5. NEW LAW A new section of law to be codified |
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| 309 | + | in the Oklahoma Statutes as Section 89.12d of Title 62, unless there |
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| 310 | + | is created a duplication in numbering, reads as follows: |
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| 311 | + | Any state retirement fund may hold digital assets directly |
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| 312 | + | through the use of a secure custody solution, store digital assets |
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| 313 | + | with a qualified custodian, or invest digital assets in exchange- |
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| 314 | + | traded products that have been duly registered by either the United |
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| 315 | + | States Securities and Exchange Commission or the Commodit ies Future |
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| 316 | + | Trading Commission. |
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| 317 | + | SECTION 6. This act shall become effective November 1, 2025. |
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