Official Summary Text
SB1649 - 572R - Senate Fact Sheet
Assigned to
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PASSED BY COW
ARIZONA STATE SENATE
Fifty-Seventh
Legislature, Second Regular Session
AMENDED
FACT SHEET FOR
S.B. 1649
digital assets
strategic reserve fund
Purpose
Establishes the Digital Assets Strategic Reserve Fund (Fund),
administered by the State Treasurer, and consisting of digital assets held by,
confiscated by or surrendered to the state. Allows the State Treasurer to
invest the total amount of monies deposited in the Fund in any fiscal year and
to loan digital assets from the Fund, if the loan does not increase financial
risk to the state.
Background
The State Treasurer is responsible for the safekeeping of all securities
for which the State Treasurer is the lawful custodian. The State Treasurer
invests state monies with consideration for the probable safety of capitol and
the probable rate of return over extended periods of time. The State Board of
Investment reviews the investment activities of the State Treasurer (
Ariz. Const. art. 10 � 7
).
A digital asset in Arizona is presumed to be abandoned if, after three
years, the digital asset is unclaimed by the apparent owner. The holder of
property that is presumed abandoned must pay, deliver or cause to be paid or
delivered the abandoned property to the Arizona Department of Revenue (ADOR). If
the property reported to ADOR is a digital asset, the holder must report and
deliver the digital asset in its native form to ADOR or the ADOR's designated
qualified custodian within 30 days. On expiration of three years after the date
the digital asset was transferred to the qualified custodian and if the
property remains unclaimed, any airdrops or staking rewards must be transferred
to the Bitcoin and Digital Asset Reserve Fund (
A.R.S Title 44, Chapter 3
)
There is no anticipated fiscal impact to the state General Fund
associated with this legislation.
Provisions
1.
Establishes
the Fund, administered by the State Treasurer, and consisting of digital assets
held by, confiscated by or surrendered to the state.
2.
Requires
the State Treasurer to deposit digital assets held by, confiscated by or
surrendered to the state in the Fund through the use of a secure custody
solution by a qualified custodian or in a form of an exchange traded product
that is issued by an investment company registered in Arizona.
3.
Allows
the State Treasurer to invest the total amount of monies deposited in the Fund
in any fiscal year.
4.
Allows
the State Treasurer to loan digital assets from the Fund to generate additional
returns, if the loan does not increase any financial risks to the state.
5.
Defines
cryptocurrency fair value
as
a
weighted evaluation of a coin's economic and
technical vitality using performance metrics, including adoption by coins owners,
annual transactions, annual transaction value and development ecosystems.
6.
Defines
digital assets
to include virtual currency, virtual coins and
cryptocurrency or native on-chain assets that meet the cryptocurrency fair
value score of one percent of the digital gold standard benchmark, including
Bitcoin, DigiByte, XRP, stablecoin, a non-fungible token
,
Dash, EGLD, Internet Computer, NEAR, Ravencoin, Chia, eCash,
Monero, Nano and any other digital-only assets that confer economic,
proprietary or access rights or powers.
7.
Adds
a technology provider of a secure custody solution to the definition of
qualified
custodian
for the purposes of digital assets reported to ADOR as unclaimed
property.
8.
Defines
terms.
9.
Contains
a statement of legislative findings.
10.
Becomes effective on the
general effective date.
Amendments
Adopted by Committee of the Whole
1.
Specifies
that the Digital Assets Strategic Reserve Fund (Fund) consists of digital
assets that are held by, rather than seized by, the state and removes monies
appropriated by the Legislature from the authorized Fund sources.
2.
Redefines
cryptocurrency fair value
as a weighted evaluation of a coin's economic
and technical vitality using performance metrics including, adoption by coins
owners, annual transactions, annual transaction value and development
ecosystems.
3.
Adds
Dash, EGLD, Internet Computer, NEAR, Ravencoin, Chia, eCash, Monero and Nano to
the definition of
digital asset
.
4.
Adds
a technology provider of a secure custody solution to the definition of
qualified
custodian
.
5.
Defines
secure custody solution
and adds a technology provider of a secure
custody solution to the definition of
qualified custodian
for the
purposes of digital assets reported to the Arizona Department of Revenue as
unclaimed property.
6.
Makes
technical and conforming changes.
Senate
Action
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Prepared by Senate Research
March 3, 2026
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Current Bill Text
Read the full stored bill text
SB1649 - 572R - S Ver
Senate Engrossed
digital assets
strategic reserve fund
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1649
AN
ACT
amending title 41, chapter 1, article 4,
Arizona Revised Statutes, by adding section 41-181; AMENDING section 44-308,
Arizona Revised Statutes; relating to the state treasurer.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 1, article 4,
Arizona Revised Statutes, is amended by adding section 41-181, to read:
START_STATUTE
41-181.
Digital assets
strategic reserve fund
; deposits; definitions
A. The
digital
assets strategic reserve fund
is established consisting of digital assets
that are
held by, confiscated by or surrendered to this
state. The state treasurer shall deposit digital assets that are
held by this state in the fund through the use of a secure custody
solution by a qualified custodian or in a form of an exchange-traded
product that is issued by an investment company registered in this
state. The state treasurer shall administer the fund.
B. The state treasurer may invest the
total amount of monies deposited in the fund in any fiscal year.
C. The state treasurer may loan
digital assets from the fund to generate additional returns If the loan does
not increase any financial risks to this state.
D. For the purposes of this section:
1. "Cryptocurrency fair
value" means A weighted evaluation of a coin's economic and technical
vitality using performance metrics, including:
(
a
)
Adoption by coin owners.
(
b
)
annual transactions.
(
c
) Annual
transaction value.
(
d
) Development
ecosystems.
2. "Cryptographic private
key" means a secret key used to encrypt and decrypt data.
3. "Digital asset"
includes:
(
a
) Virtual
currency.
(
b
) Virtual
coins.
(
c
) Cryptocurrency
or native on-chain assets that meet the
cryptocurrency
fair value score of one percent of the digital gold standard benchmark,
including any of the following:
(
i
) Bitcoin.
(
ii
) Digibyte.
(
iii
) XRP.
(
iv
) Stablecoin.
(
v
) A
nonfungible token.
(
vi
) Dash.
(
vii
) EGLD.
(
viii
) Internet
computer.
(
ix
) Near.
(
x
) Ravencoin.
(
xi
) Chia.
(
xii
) Ecash.
(
xiii
) Monero.
(
xiv
) Nano.
(
xv
) Any other
digital-only assets that confer economic, proprietary or access rights or
powers.
4. "Exchange-traded
product" means a financial instrument that is traded on a United States-regulated
exchange, that derives value from an underlying pool of assets, including
stocks, bonds, commodities or indexes, and that is approved by any of the
following:
(
a
) The United
States securities and exchange commission.
(
b
) The
commodities futures trading commission.
(
c
) The
department of Insurance and financial institutions.
5. "Qualified custodian"
means
either of the following:
(
a
) a federal
or state-chartered bank, trust company or special purpose depository
institution or a company regulated by this state that has custody of virtual
currency for an approved exchange-traded product.
(
b
) A
technology provider of a secure custody solution.
6. "Secure custody
solution" means a technological product or a blended product or service
that meets all of the following:
(
a
) Has a
cryptographic private key that secures a digital asset and that is exclusively
known by and accessible by a governmental entity.
(
b
) Has a
cryptographic private key
that secures a digital
asset, that is exclusively contained within an encrypted ENVIRONMENT and that
is accessible only through an end-to-end encrypted channel.
(
c
) Has a
cryptographic private key that secures a digital asset that is never contained
by, accessible by or controllable through a smartphone.
(
d
) Has
hardware that contains a cryptographic private key that secures a digital asset
and that is maintained in at least two geographically diversified AND specially
designated secure data centers.
(
e
) Enforces a
multiparty governance structure for authorizing a transaction and user access
controls.
(
f
) Logs each
user-initiated action.
(
g
) Undergoes
regular code audits and penetration testing from an auditing firm, which
ensures that a vulnerability identified by the auditing firm is promptly
remedied.
(
h
) Is provided
by an entity that has implemented a disaster recovery protocol to ensure
customers have access to the digital assets if the entity is unAVAILABLE.
7. "Virtual coin" has the
same meaning prescribed in section 44-1801.
END_STATUTE
Sec. 2. Section 44-308, Arizona Revised Statutes, is amended to read:
START_STATUTE
44-308.
Payment or delivery of abandoned property; definitions
A. On filing the
report prescribed in section 44-307, the holder of property that is
presumed abandoned shall pay, deliver or cause to be paid or delivered to the
department the property described in the report as unclaimed. If the
property is an automatically renewable deposit and a penalty or forfeiture in
the payment of interest would result, the time for compliance is extended until
a penalty or forfeiture would no longer result. The holder of
tangible property held in a safe deposit box or any other safekeeping
depository shall deliver the property to the department on filing the report
prescribed in section 44-307.
B. If the property reported to the department is a
security or security entitlement pursuant to title 47, chapter 8, the
department may make an endorsement, instruction or entitlement order on behalf
of the apparent owner to invoke the duty of the issuer or its transfer agent or
the securities intermediary to transfer or dispose of the security or the
security entitlement in accordance with title 47, chapter 8.
C. If the holder of property reported to the
department is the issuer of a certificated security, the department has the
right to obtain a replacement certificate pursuant to section 47-8405, but an
indemnity bond is not required.
D. If the property reported to the department is a
digital asset, the holder shall report and deliver the digital asset in its
native form to the department or the department's designated qualified
custodian within thirty days after reporting the property
abandoned. On direction by the department, the qualified custodian
may stake to receive rewards or receive airdrops. On the expiration
of three years after the date the digital asset was transferred to the
qualified custodian and if the property remains unclaimed, any airdrops or
staking rewards shall be transferred to the bitcoin and digital
asset
assets
reserve fund established by section 41-180. If
the holder only possesses a partial private key to the digital asset or is
unable to move the digital asset, the holder shall maintain the digital asset until
the additional keys required to transfer the digital asset become
available.
For the purposes of this subsection,
"qualified custodian" means any of the following that is licensed in
this state to sell
digital assets and offer custody
services to customers:
1. A company.
2. A federal or state
chartered bank.
3. A trust company.
4. A special purpose depository
institution.
E. An issuer, the
holder and any transfer agent or other person who acts pursuant to the
instructions and on behalf of the issuer or holder in accordance with this
section are not liable to the apparent owner and are indemnified against all claims
of any person in accordance with section 44-310.
F. Each month a holder of property reported pursuant
to section 44-307, subsection H shall remit the property with the report
of property presumed abandoned or other form prescribed by the department.
G. For the purposes of this section:
1. "qualified custodian"
means either of the following:
(
a
) any of the
following that is licensed in this state to sell digital assets and offer
custody services to customers:
(
i
) A company.
(
ii
) A federal
or state-chartered bank.
(
iii
) A trust
company.
(
iv
) A special
purpose depository institution.
(
b
) A
technology provider of a secure custody solution.
2. "Secure custody
solution" has the same meaning PRESCRIBED in section 41-181.
END_STATUTE
Sec. 3.
Legislative
findings
The legislature finds that:
1. The digital gold
standard benchmark is a standard to provide security and stability in the
marketplace. The digital gold standard benchmark was established
when the market valued the first cryptocurrency at $100,000 per coin.
2. The cryptocurrency fair
value metrics form a universal benchmark and not a testimony to any single
coin's supremacy. Like gold's role in 19th century trade, the
metrics set a standard for all digital gold blockchain-based coins with
decentralized, scarce and transferable attributes.
3. The cryptocurrency fair
value ensures competition is truthful, transparent and fair and evaluates each
coin's performance metrics against the digital gold standard benchmark,
revealing whether its fundamental measurements support its price or signal
overvaluation.
4. The cryptocurrency fair
value model, a cornerstone of informed cryptocurrency investing, calculates a
coin's fair market capitalization by comparing its performance and market
metrics to the digital gold standard, then drives a per-coin fair value by
dividing market capitalization by its circulating supply.