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S 38

Relates to crimes against public trust by state officers

2025 Regular Session Introduced by Mark Walczyk

Establishes a 25-member MA commission to study blockchain and cryptocurrency and draft a master plan with proposed legislation, guiding oversight, consumer protections, and policy.

REFERRED TO ETHICS AND INTERNAL GOVERNANCE
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Bill Summary · S 38

Summary — S.38 (Resolve establishing a special commission on blockchain and cryptocurrency technology)

Status: Introduced January 9, 2025. Referred to Ethics and Internal Governance. (See Legislative Status & Timeline below for actions and committee referrals.)

Purpose

To create a 25‑member special commission to investigate blockchain and cryptocurrency technology and to develop a “master plan” of recommendations — including draft legislation — for fostering appropriate expansion, oversight, consumer protections, and state policy responses in the Commonwealth of Massachusetts.

Key provisions

  • Establishes a special commission of 25 members to study blockchain and cryptocurrency issues.
  • Defines “blockchain” as “a mathematically secured, chronological and decentralized ledger or database.”
  • Requires broad stakeholder input and mandates that the commission produce a report and draft legislation.
  • Sets deadlines for appointments, initial meetings, and final reporting.

Membership and procedural timelines

  • Composition (25 members): Speaker of the House (or designee, co‑chair); President of the Senate (or designee, co‑chair); House and Senate minority leaders (or designees); 4 House members appointed by the Speaker; 4 Senate members appointed by the Senate President; Attorney General (or designee); Chair of the Cannabis Control Commission (or designee); Commissioner of the Department of Revenue (or designee); Secretary of Technology Services and Security (or designee); Secretary of Public Safety and Security (or designee); 3 appointments by the Secretary of the Commonwealth (at least one representing consumer protection); 5 gubernatorial appointees (including at least one fintech company appointee, at least one appointee from a non‑digital‑asset business using blockchain, and at least two higher‑education representatives).
  • Appointments due no later than 45 days after enactment.
  • Chairpersons must meet with the commission within 90 days after enactment.
  • Final report and master plan, with draft implementing legislation, due no later than 1 year after all appointments have been made; to be filed with the House and Senate clerks.

Areas the commission must examine

The commission is charged to study, among other topics:
1. Feasibility, validity, admissibility, risks (including privacy), and benefits of using blockchain in state/local government and Massachusetts businesses — including government records and service delivery, court proceedings, statewide registries (e.g., firearms, marijuana, opiates), and election nomination papers/voter records/results; and use for corporate records and related security requirements.
2. Whether the statutory definition of blockchain needs modification.
3. Impact of cryptocurrency industry growth on state revenues and potential tax framework changes (including whether to tax crypto transactions as sales tax).
4. Whether government agencies and businesses (including cannabis retailers) should accept cryptocurrency payments.
5. Feasibility of regulating cryptocurrency‑related energy consumption.
6. Consumer protection measures and technological literacy needs, including possible licensure requirements.
7. Best practices to ensure blockchain benefits Massachusetts residents and businesses and to address historical barriers to participation for underrepresented groups.
8. Which state agency or agencies are best suited for oversight of blockchain and crypto, especially for consumer protection.
9. Any other related topics the commission chooses to examine.

Who would be affected

  • State executive agencies, courts, and local governments (potential operational or records changes).
  • Massachusetts businesses (especially fintech, blockchain‑using firms, cannabis retailers).
  • Consumers and voters (privacy, consumer protection, and election integrity implications).
  • Institutions of higher education and workforce/training stakeholders.
  • State tax administration and revenue streams.

Legislative status & timeline (selected)

  • 2025‑01‑08: Referred to Ethics and Internal Governance (entry appears twice).
  • 2025‑01‑09: Introduced in Senate; read twice and referred to the Committee on the Judiciary.
  • 2025‑02‑27: Referred to Committee on Advanced Information Technology, the Internet and Cybersecurity; House concurred.
  • 2025‑06‑30: Hearing scheduled 07/10/2025.
  • 2025‑10‑16 & 2025‑10‑20: Reported favorably by committee(s) and referred to additional committees (Rules; Senate Ways & Means).

Sponsors and related measures

  • Presented by Senator Barry R. Finegold.
  • Sponsors listed (per provided data): Tommy Tuberville (cosponsor), Rick Scott (primary), Mike Rounds (cosponsor), Mark Walczyk (primary). (Note: the introductory filing identifies Senator Finegold as the sponsor.)
  • Related bills: HR 286 (companion), SD 2301 (replaces), S.7746, S.2040, S.2670 (prior sessions).

Expected outputs and impact

  • A written master plan with policy recommendations and draft legislation to guide Massachusetts’ approach to blockchain and cryptocurrency, including potential regulatory, tax, consumer protection, and energy‑use policies. The commission’s findings could shape future statutory or administrative changes affecting multiple sectors statewide.

Compiled from official sources — confirm details with the bill’s official record.

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