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5 | 5 | | 2025 -- H 6007 |
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6 | 6 | | ======== |
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7 | 7 | | LC001861 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO PUBLIC FINANCE -- THE RHODE ISLAND DIGITAL ASSET RETENTION |
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16 | 16 | | ACT |
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17 | 17 | | Introduced By: Representative Stephen M. Casey |
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18 | 18 | | Date Introduced: February 28, 2025 |
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19 | 19 | | Referred To: House Finance |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. Declaration of purpose. 1 |
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24 | 24 | | The general assembly finds and declares as follows: 2 |
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25 | 25 | | (1) Inflation has eroded the purchasing power of the assets held in state funds managed by 3 |
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26 | 26 | | the state treasurer as well as state retirement funds. 4 |
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27 | 27 | | (2) This erosion diminishes the value of Rhode Island's reserves, affecting the financial 5 |
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28 | 28 | | stability and economic security of the state and its taxpayers and residents. 6 |
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29 | 29 | | (3) Although the state does not have direct control over the national money supply or the 7 |
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30 | 30 | | policies that influence inflation, the state has a duty to safeguard its financial resources against the 8 |
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31 | 31 | | impacts of inflation and other economic uncertainties. 9 |
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32 | 32 | | (4) Throughout its sixteen (16) year history, Bitcoin has greatly risen in value, surpassing 10 |
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33 | 33 | | a market capitalization of two trillion dollars ($2,000,000,000,000). 11 |
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34 | 34 | | (5) Bitcoin is becoming more widely accepted as an international medium of exchange in 12 |
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35 | 35 | | countries around the world, including the United States. 13 |
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36 | 36 | | (6) Bitcoin is a digital asset that can serve as a hedge against inflation by a sovereign nation 14 |
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37 | 37 | | or an investment advisor. 15 |
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38 | 38 | | (7) Rhode Island should have access to assets such as Bitcoin to protect against inflation. 16 |
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39 | 39 | | (8) The purpose of this act is to authorize the state treasurer, the Rhode Island employees' 17 |
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40 | 40 | | retirement system, the Rhode Island public school employees' retirement system, or any other state 18 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC001861 - Page 2 of 5 |
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44 | 44 | | retirement system to: 1 |
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45 | 45 | | (i) Permit the inclusion of Bitcoin to serve as an asset of value and provide a hedge against 2 |
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46 | 46 | | inflation, thus protecting the purchasing power of state funds; 3 |
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47 | 47 | | (ii) Ensure that the investment strategies employed by the state treasurer, the Rhode Island 4 |
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48 | 48 | | employees' retirement system, the Rhode Island public school employees' retirement system, or any 5 |
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49 | 49 | | other state retirement system are aligned with the goal of enhancing the economic security and 6 |
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50 | 50 | | financial resilience of Rhode Island; 7 |
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51 | 51 | | (iii) Allow flexibility in investment decisions to respond to changing economic conditions 8 |
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52 | 52 | | and emerging opportunities that may offer better protection or returns on state funds. 9 |
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53 | 53 | | SECTION 2. Title 35 of the General Laws entitled "PUBLIC FINANCE" is hereby 10 |
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54 | 54 | | amended by adding thereto the following chapter: 11 |
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55 | 55 | | CHAPTER 4.1 12 |
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56 | 56 | | THE RHODE ISLAND DIGITAL ASSET RETENTION ACT 13 |
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57 | 57 | | 35-4.1-1. Short title. 14 |
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58 | 58 | | This act shall be known and may be cited as the "Rhode Island Digital Asset Retention 15 |
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59 | 59 | | Act." 16 |
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60 | 60 | | 35-4.1-2. Definitions. 17 |
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61 | 61 | | The following words and phrases, when used in this chapter, shall have the meanings given 18 |
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62 | 62 | | to them in this section unless the context clearly indicates otherwise: 19 |
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63 | 63 | | (1) "Bitcoin" means the decentralized digital currency launched in 2009, which is based on 20 |
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64 | 64 | | Satoshi Nakamoto's white paper entitled "Bitcoin: A Peer-to-Peer Electronic Cash System." The 21 |
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65 | 65 | | term includes the digital asset that is the basis of the Bitcoin exchange-traded product and regulated 22 |
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66 | 66 | | by the United States Securities and Exchange Commission. 23 |
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67 | 67 | | (2) "Digital asset" means a virtual currency, cryptocurrency, or natively electronic asset, 24 |
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68 | 68 | | including Bitcoin, a stablecoin, a nonfungible token, or other digital-only asset that confers 25 |
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69 | 69 | | economic, proprietary, or access rights or powers. 26 |
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70 | 70 | | (3) "Exchange-traded product" means a financial instrument that is approved by the United 27 |
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71 | 71 | | States Securities and Exchange Commission, the Commodities Future Trading Commission, or the 28 |
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72 | 72 | | department of business regulation, is traded on a United States regulated exchange and derives its 29 |
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73 | 73 | | value from an underlying pool of assets, including stocks, bonds, commodities, or indexes. 30 |
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74 | 74 | | (4) "Private key" means a unique element of cryptographic data used for signing 31 |
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75 | 75 | | transactions on a blockchain, known only to the owner of the unique element. 32 |
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76 | 76 | | (5) "Qualified custodian" means a Federal or state chartered bank, trust company, special 33 |
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77 | 77 | | purpose depository institution, or a company regulated by Rhode Island that has custody of Bitcoin 34 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LC001861 - Page 3 of 5 |
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81 | 81 | | or a digital asset for an approved exchange-traded product. 1 |
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82 | 82 | | (6) "Secure custody solution" means a technological product or a blended product and 2 |
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83 | 83 | | service that meets the following criteria: 3 |
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84 | 84 | | (i) Has a cryptographic private key securing a digital asset, accessible exclusively by a 4 |
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85 | 85 | | government entity. 5 |
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86 | 86 | | (ii) Has a cryptographic private key securing a digital asset, exclusively contained within 6 |
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87 | 87 | | an encrypted environment and accessible only via an end-to-end encrypted channel. 7 |
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88 | 88 | | (iii) Has a cryptographic private key securing a digital asset, never contained by, accessible 8 |
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89 | 89 | | by, or controllable via a smartphone. 9 |
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90 | 90 | | (iv) Has hardware containing a cryptographic private key securing a digital asset, 10 |
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91 | 91 | | maintained in at least two (2) geographically diversified specially designated secure data centers. 11 |
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92 | 92 | | (v) Enforces a multiparty governance structure for authorizing transactions and user access 12 |
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93 | 93 | | controls. 13 |
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94 | 94 | | (vi) Logs each user-initiated action. 14 |
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95 | 95 | | (vii) Undergoes regular code audits and penetration testing from an auditing firm, promptly 15 |
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96 | 96 | | addressing vulnerabilities identified. 16 |
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97 | 97 | | (viii) Is provided by an entity that has implemented a disaster recovery protocol ensuring 17 |
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98 | 98 | | customer access to digital assets if the entity becomes unavailable. 18 |
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99 | 99 | | (7) "State retirement fund" means the Rhode Island employees' retirement fund, the Rhode 19 |
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100 | 100 | | Island public school employees' retirement fund, or any other state retirement fund. 20 |
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101 | 101 | | (8) "System" means the Rhode Island employees' retirement system, the Rhode Island 21 |
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102 | 102 | | public school employees' retirement system, or any other state retirement system that administers 22 |
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103 | 103 | | a state retirement fund. 23 |
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104 | 104 | | 35-4.1-3. Authorization for state treasurer to invest in Bitcoin or digital assets. 24 |
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105 | 105 | | (a) Authorization. The state treasurer may invest in Bitcoin or digital assets with money 25 |
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106 | 106 | | that is unexpended, unencumbered, or uncommitted and deposited in any of the following funds: 26 |
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107 | 107 | | (1) The general fund; 27 |
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108 | 108 | | (2) The budget stabilization reserve fund; and 28 |
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109 | 109 | | (3) Any other investment fund managed directly by the state treasurer. 29 |
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110 | 110 | | (b) Limitations. The amount of money that the state treasurer may invest in Bitcoin or 30 |
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111 | 111 | | digital assets from a fund specified under subsection (a) of this section during the course of a 31 |
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112 | 112 | | calendar year may not exceed ten percent (10%) of the total amount of money deposited in the fund 32 |
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113 | 113 | | at the time of the investment. 33 |
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114 | 114 | | (c) Conditions. Bitcoin or digital assets acquired by a fund specified under subsection (a) 34 |
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115 | 115 | | |
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116 | 116 | | |
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117 | 117 | | LC001861 - Page 4 of 5 |
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118 | 118 | | of this section shall be held directly by the state treasurer through the use of a secure custody 1 |
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119 | 119 | | solution on behalf of the State of Rhode Island by a qualified custodian or in the form of an 2 |
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120 | 120 | | exchange-traded product issued by an investment company registered in Rhode Island. 3 |
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121 | 121 | | (d) Loans. If the state treasurer can loan Bitcoin or digital assets without increasing the 4 |
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122 | 122 | | financial risk to the state, the state treasurer may loan Bitcoin or digital assets to generate additional 5 |
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123 | 123 | | returns for the state. The state treasurer shall promulgate rules and regulations for the purpose of 6 |
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124 | 124 | | implementing this subsection. 7 |
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125 | 125 | | 35-4.1-4. Authorization for systems to invest in exchange-traded products. 8 |
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126 | 126 | | A system may invest in an exchange-traded product with money deposited in a state 9 |
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127 | 127 | | retirement fund that is unexpended, unencumbered, or uncommitted. 10 |
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128 | 128 | | SECTION 3. This act shall take effect on September 1, 2025. 11 |
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130 | 130 | | LC001861 |
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132 | 132 | | |
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133 | 133 | | |
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134 | 134 | | LC001861 - Page 5 of 5 |
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135 | 135 | | EXPLANATION |
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136 | 136 | | BY THE LEGISLATIVE COUNCIL |
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137 | 137 | | OF |
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138 | 138 | | A N A C T |
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139 | 139 | | RELATING TO PUBLIC FINANCE -- THE RHODE ISLAND DIGITAL ASSET RETENTION |
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140 | 140 | | ACT |
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141 | 141 | | *** |
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142 | 142 | | This act would allow the state treasurer to acquire, hold and have the option to invest 1 |
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143 | 143 | | uncommitted funds in digital assets. 2 |
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144 | 144 | | This act would take effect on September 1, 2025. 3 |
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146 | 146 | | LC001861 |
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