1.1 A bill for an act
1.2 relating to finance;
proposing the Minnesota Bitcoin Act; allowing payments to
1.3 the state by cryptocurrency;
authorizing the State Board of Investment to invest
1.4 in cryptocurrency; modifying
various tax provisions;amending Minnesota Statutes
1.5 2024, sections 11A.24,
subdivision 6; 16A.626; 276.05; 279.025; 289A.02,
1.6 subdivision 8, by adding a
subdivision; 290.01, by adding a subdivision; 290.0132,
1.7 by adding a subdivision;
290.0134, by adding a subdivision; 290.033; 290.091,
1.8 subdivision 2; 290.0921,
subdivision 3; 354B.25, subdivision 2; 356A.06,
1.9 subdivision 7; proposing
coding for new law in Minnesota Statutes, chapter 16A.
1.10 BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 ARTICLE 1
1.12 MINNESOTA BITCOIN ACT
1.13 Section 1. CITATION.
1.14 This act may be cited as the "Minnesota Bitcoin
Act."
1.15 EFFECTIVE DATE. This
section is effective January 1, 2026.
1.16 ARTICLE 2
1.17 AUTHORIZING BITCOIN
PAYMENTS AND INVESTMENTS
1.18 Section 1. Minnesota Statutes
2024, section 11A.24, subdivision 6, is amended to read:
1.19 Subd. 6.Other
investments. (a) In addition to the investments authorized in subdivisions
1.20 1 to 5, and subject to the
provisions in paragraph (b), the state board is authorized to invest
1.21 funds in:
2.1 (1) equity and debt
investment businesses through participation in limited partnerships,
2.2 trusts, private placements,
limited liability corporations, limited liability companies, limited
2.3 liability partnerships, and
corporations;
2.4 (2) real estate ownership
interests or loans secured by mortgages or deeds of trust or
2.5 shares of real estate
investment trusts through investment in limited partnerships,
2.6 bank-sponsored collective
funds, trusts, mortgage participation agreements, and insurance
2.7 company commingled accounts;
2.8 (3) resource investments
through limited partnerships, trusts, private placements, limited
2.9 liability corporations,
limited liability companies, limited liability partnerships, and
2.10 corporations;
2.11 (4) investment vehicles that
are co-investments or separate accounts;
2.12 (5) liquid alternatives;
2.13 (6) Bitcoin and other
cryptocurrencies as defined in section 16A.278;
2.14 (6) (7) bank
loans; and
2.15 (7) (8)
international securities.
2.16 (b) The investments authorized
in paragraph (a) must conform to the following clauses:
2.17 (1) the aggregate value of all
investments made under paragraph (a), clauses (1) to (4),
2.18 may not exceed 35 percent of
the market value of the fund for which the state board is
2.19 investing;
2.20 (2) there must be at least four
unrelated owners of the investment other than the state
2.21 board for investments made
under paragraph (a), clause (1), (2), or (3);
2.22 (3) state board participation
in an investment vehicle is limited to 20 percent thereof for
2.23 investments made under
paragraph (a), clause (1), (2), or (3); and
2.24 (4) state board participation
in an investment vehicle does not include a general
2.25 partnership interest or other
interest involving general liability. The state board may not
2.26 participate in any investment
vehicle in a manner which creates general liability.
2.27 (c) All financial, business, or
proprietary data collected, created, received, or maintained
2.28 by the state board in
connection with investments authorized by paragraph (a), clauses (1)
2.29 to (6) (7), are
nonpublic data under section 13.02, subdivision 9. As used in this paragraph,
2.30 "financial, business, or
proprietary data" means data, as determined by the responsible
2.31 authority for the state board,
that is of a financial, business, or proprietary nature, the release
2.32 of which could cause
competitive harm to the state board, the legal entity in which the state
3.1 board has invested or has
considered an investment, the managing entity of an investment,
3.2 or a portfolio company in
which the legal entity holds an interest. As used in this section,
3.3 "business data" is
data described in section 13.591, subdivision 1. Regardless of whether
3.4 they could be considered
financial, business, or proprietary data, the following data received,
3.5 prepared, used, or retained
by the state board in connection with investments authorized by
3.6 paragraph (a), clauses (1) to
(6) (7), are public at all times:
3.7 (1) the name and industry
group classification of the legal entity in which the state board
3.8 has invested or in which the
state board has considered an investment;
3.9 (2) the state board
commitment amount, if any;
3.10 (3) the funded amount of the
state board's commitment to date, if any;
3.11 (4) the market value of the
investment by the state board;
3.12 (5) the state board's internal
rate of return for the investment, including expenditures
3.13 and receipts used in the
calculation of the investment's internal rate of return; and
3.14 (6) the age of the investment
in years.
3.15 EFFECTIVE DATE. This
section is effective January 1, 2026.
3.16 Sec. 2. [16A.278]
CRYPTOCURRENCY DEFINED.
3.17 "Cryptocurrency"
means virtual currency, as defined in section 53B.69, subdivision 6,
3.18 that uses cryptography
to secure transactions that are digitally recorded on a distributed
3.19 ledger, such as a
blockchain.
3.20 EFFECTIVE DATE. This
section is effective January 1, 2026.
3.21 Sec. 3. Minnesota Statutes
2024, section 16A.626, is amended to read:
3.22 16A.626 ELECTRONIC PAYMENTS.
3.23 (a) For purposes of this
section, the terms defined in this paragraph have the meaning
3.24 given them. "Agency"
means a state officer, employee, board, commission, authority,
3.25 department, entity, or
organization of the executive branch of state government. "Government
3.26 services transaction"
means the conduct of business between an agency and an individual
3.27 or business entity where the
individual or business entity is paying a license or permit fee
3.28 or tax or purchasing goods or
services.
3.29 (b) Notwithstanding any other
provision of law, rule, or regulation to the contrary, an
3.30 agency may accept credit cards,
charge cards, debit cards, Bitcoin and other cryptocurrency
4.1 as defined in section
16A.278, or other method of electronic funds transfer for payment in
4.2 government services
transactions, including electronic transactions.
4.3 (c) The commissioner of
management and budget shall contract with one or more entities
4.4 for the purpose of enabling
agencies to accept and process credit cards and other electronic
4.5 financial transactions, to
exchange cryptocurrency to United States currency, and to accept
4.6 cryptocurrency.
All agencies shall process their credit card and other electronic financial
4.7 transactions and accept
and exchange cryptocurrency to United States currency, as needed,
4.8 through the contracts
negotiated by the commissioner of management and budget, unless
4.9 the commissioner of
management and budget grants a waiver allowing an agency to negotiate
4.10 its own contract with an
entity. These contracts must be approved by the commissioner of
4.11 management and budget.
4.12 (d) Agencies that accept credit
cards, charge cards, debit cards, cryptocurrency, or other
4.13 method of electronic funds
transfer for payment may impose a convenience fee to be added
4.14 to each transaction, except
that the Department of Revenue shall not impose a fee under
4.15 this section on any payment of
tax that is required by law or rule to be made by electronic
4.16 funds transfer. The total
amount of such convenience fee must be equal to the transaction
4.17 fee charged by a processing
contractor for such credit services during the most recent
4.18 collection period. An agency
imposing a convenience fee must notify the person using the
4.19 credit services of the fee
before the transaction is processed. Fees collected under this section
4.20 are appropriated to the agency
collecting the fee for purposes of paying the processing
4.21 contractor.
4.22 (e) A convenience fee imposed
by an agency under this section is in addition to any tax,
4.23 fee, charge, or cost otherwise
imposed for a license, permit, tax, service, or good provided
4.24 by the agency.
4.25 (f) Credit card, charge card,
debit card, Bitcoin and other cryptocurrency as defined in
4.26 section 16A.278, or
other method of electronic funds transfer account numbers are nonpublic
4.27 data not on individuals as
defined in section 13.02, subdivision 9, or private data on
4.28 individuals as defined in
section 13.02, subdivision 12.
4.29 EFFECTIVE DATE. This
section is effective January 1, 2026.
4.30 Sec. 4. Minnesota Statutes
2024, section 276.05, is amended to read:
4.31 276.05 RECEIPTS FOR TAX
PAYMENTS.
4.32 (a) The county
treasurer may issue receipts showing payment of the tax. If the tax is
4.33 paid in currency or
cryptocurrency, or if the payer requests a receipt, the county treasurer
5.1 shall give a receipt. The
receipt must show the name and post office address of the person,
5.2 the amount and date of
payment, the land, lot, or other property on which the tax was levied,
5.3 according to its description
on the tax list or in some other sufficient manner, and the year
5.4 or years for which the tax
was levied. If for current taxes on real estate, the receipt must
5.5 have written or stamped
across its face, "taxes for" (giving the year in figures), or
"first half
5.6 of taxes for" (giving
the year in figures), or "last half of taxes for" (giving the year in
figures),
5.7 as the case may be. If land
has been sold for taxes either to a purchaser, or to the state, and
5.8 the time for redemption from
the sale has not expired, the receipt must have written or
5.9 stamped across the face,
"sold for taxes." The treasurer shall make duplicates of all receipts
5.10 and return the duplicates at
the end of each month to the county auditor. The auditor shall
5.11 file and preserve them in the
auditor's office, charging the treasurer with the amount on the
5.12 receipts.
5.13 (b) For purposes of this
section, "cryptocurrency" has the meaning given in section
5.14 16A.278.
5.15 EFFECTIVE DATE. This
section is effective January 1, 2026.
5.16 Sec. 5. Minnesota Statutes
2024, section 279.025, is amended to read:
5.17 279.025 PAYMENT OF
DELINQUENT PROPERTY TAXES, SPECIAL
5.18 ASSESSMENTS.
5.19 Payment of delinquent
property tax and related interest and penalties and special
5.20 assessments shall be paid with
United States currency, cryptocurrency, or by check, money
5.21 order, or electronic means,
including, but not limited to, automated clearinghouse transactions
5.22 and federal wires drawn on a
bank or other financial institution in the United States. For
5.23 purposes of this
section, "cryptocurrency" has the meaning given in section 16A.278.
5.24 EFFECTIVE DATE. This
section is effective January 1, 2026.
5.25 Sec. 6. Minnesota Statutes
2024, section 289A.02, subdivision 8, is amended to read:
5.26 Subd. 8.Electronic
means. "Electronic means" refers to a method that is electronic,
as
5.27 defined in section 325L.02,
paragraph (e), and that is prescribed by the commissioner. Where
5.28 electronic means applies
to payment of taxes governed by this chapter, electronic means
5.29 includes cryptocurrency.
5.30 EFFECTIVE DATE. This
section is effective January 1, 2026.
6.1 Sec. 7. Minnesota Statutes
2024, section 289A.02, is amended by adding a subdivision to
6.2 read:
6.3 Subd. 9.Cryptocurrency.
"Cryptocurrency" has the meaning given in section 16A.278.
6.4 EFFECTIVE DATE.
This section is effective January 1, 2026.
6.5 Sec. 8. Minnesota Statutes
2024, section 290.01, is amended by adding a subdivision to
6.6 read:
6.7 Subd. 34.Cryptocurrency.
"Cryptocurrency" has the meaning given in section 16A.278.
6.8 EFFECTIVE DATE.
This section is effective for taxable years beginning after December
6.9 31, 2025.
6.10 Sec. 9. Minnesota Statutes
2024, section 290.0132, is amended by adding a subdivision
6.11 to read:
6.12 Subd. 36.Cryptocurrency.
The amount of federal adjusted gross income received in
6.13 cryptocurrency is a
subtraction.
6.14 EFFECTIVE DATE. This
section is effective for taxable years beginning after December
6.15 31, 2025.
6.16 Sec. 10. Minnesota Statutes
2024, section 290.0134, is amended by adding a subdivision
6.17 to read:
6.18 Subd. 21.Cryptocurrency.
The amount of federal adjusted gross income received in
6.19 cryptocurrency is a
subtraction.
6.20 EFFECTIVE DATE. This
section is effective for taxable years beginning after December
6.21 31, 2025.
6.22 Sec. 11. Minnesota Statutes
2024, section 290.033, is amended to read:
6.23 290.033 NET INVESTMENT
INCOME TAX.
6.24 (a) For purposes of this
section, "net investment income" has the meaning given in
6.25 section 1411(c) of the Internal
Revenue Code, excluding the net gain attributable to the
6.26 disposition of property
classified as class 2a under section 273.13, subdivision 23, and
6.27 excluding the net gain
attributable to cryptocurrency.
7.1 (b) In addition to the tax
computed under section 290.06, subdivision 2c, a tax is imposed
7.2 on the net investment income
of individuals, estates, and trusts in excess of $1,000,000 at
7.3 a rate of one percent.
7.4 (c) For an individual who is
not a Minnesota resident for the entire taxable year, the tax
7.5 under this subdivision must
be calculated as if the individual is a Minnesota resident for the
7.6 entire year, and that amount
must be multiplied by a fraction in which:
7.7 (1) the numerator is net
investment income allocable under section 290.17 to Minnesota;
7.8 and
7.9 (2) the denominator is the
total amount of net investment income for the taxable year.
7.10 (d) For an estate or trust, the
tax on net investment income must be computed by
7.11 multiplying the net investment
income tax liability by a fraction, the numerator of which is
7.12 the amount of the estate or
trust's net investment income allocated to the state pursuant to
7.13 the provisions of sections
290.17, 290.191, and 290.20, and the denominator of which is
7.14 the taxpayer's total net
investment income.
7.15 EFFECTIVE DATE. This
section is effective for taxable years beginning after December
7.16 31, 2025.
7.17 Sec. 12. Minnesota Statutes
2024, section 290.091, subdivision 2, is amended to read:
7.18 Subd. 2.Definitions.
For purposes of the tax imposed by this section, the following
7.19 terms have the meanings given.
7.20 (a) "Alternative minimum
taxable income" means the sum of the following for the taxable
7.21 year:
7.22 (1) the taxpayer's federal
alternative minimum taxable income as defined in section
7.23 55(b)(1)(D) of the Internal
Revenue Code;
7.24 (2) the taxpayer's itemized
deductions allowed in computing federal alternative minimum
7.25 taxable income, but excluding:
7.26 (i) the charitable contribution
deduction under section 170 of the Internal Revenue Code;
7.27 (ii) the medical expense deduction;
7.28 (iii) the casualty, theft, and
disaster loss deduction; and
7.29 (iv) the impairment-related
work expenses of a person with a disability;
7.30 (3) for depletion allowances
computed under section 613A(c) of the Internal Revenue
7.31 Code, with respect to each
property (as defined in section 614 of the Internal Revenue Code),
8.1 to the extent not included in
federal alternative minimum taxable income, the excess of the
8.2 deduction for depletion
allowable under section 611 of the Internal Revenue Code for the
8.3 taxable year over the
adjusted basis of the property at the end of the taxable year (determined
8.4 without regard to the
depletion deduction for the taxable year);
8.5 (4) to the extent not
included in federal alternative minimum taxable income, the amount
8.6 of the tax preference for
intangible drilling cost under section 57(a)(2) of the Internal Revenue
8.7 Code determined without
regard to subparagraph (E);
8.8 (5) to the extent not
included in federal alternative minimum taxable income, the amount
8.9 of interest income as
provided by section 290.0131, subdivision 2;
8.10 (6) the amount of addition
required by section 290.0131, subdivisions 9, 10, and 16;
8.11 (7) the deduction allowed under
section 199A of the Internal Revenue Code, to the extent
8.12 not included in the addition
required under clause (6); and
8.13 (8) to the extent not included
in federal alternative minimum taxable income, the amount
8.14 of foreign-derived intangible
income deducted under section 250 of the Internal Revenue
8.15 Code;
8.16 less the sum of the amounts
determined under the following:
8.17 (i) interest income as defined
in section 290.0132, subdivision 2;
8.18 (ii) an overpayment of state
income tax as provided by section 290.0132, subdivision
8.19 3, to the extent included in
federal alternative minimum taxable income;
8.20 (iii) the amount of investment
interest paid or accrued within the taxable year on
8.21 indebtedness to the extent that
the amount does not exceed net investment income, as defined
8.22 in section 163(d)(4) of the
Internal Revenue Code. Interest does not include amounts deducted
8.23 in computing federal adjusted
gross income;
8.24 (iv) amounts subtracted from
federal taxable or adjusted gross income as provided by
8.25 section 290.0132, subdivisions
7, 9 to 15, 17, 21, 24, 26 to 29, 31, 34, and 35, and 36;
8.26 (v) the amount of the net
operating loss allowed under section 290.095, subdivision 11,
8.27 paragraph (c); and
8.28 (vi) the amount allowable as a
Minnesota itemized deduction under section 290.0122,
8.29 subdivision 7.
8.30 In the case of an estate or
trust, alternative minimum taxable income must be computed
8.31 as provided in section 59(c) of
the Internal Revenue Code, except alternative minimum
8.32 taxable income must be
increased by the addition in section 290.0131, subdivision 16.
9.1 (b) "Investment
interest" means investment interest as defined in section 163(d)(3) of
9.2 the Internal Revenue Code.
9.3 (c) "Net minimum
tax" means the minimum tax imposed by this section.
9.4 (d) "Regular tax"
means the tax that would be imposed under this chapter (without regard
9.5 to this section, section
290.033, and section 290.032), reduced by the sum of the
9.6 nonrefundable credits allowed
under this chapter.
9.7 (e) "Tentative minimum
tax" equals 6.75 percent of alternative minimum taxable income
9.8 after subtracting the
exemption amount determined under subdivision 3.
9.9 EFFECTIVE DATE.
This section is effective for taxable years beginning after December
9.10 31, 2025.
9.11 Sec. 13. Minnesota Statutes
2024, section 290.0921, subdivision 3, is amended to read:
9.12 Subd. 3.Alternative
minimum taxable income. "Alternative minimum taxable income"
9.13 is Minnesota net income as
defined in section 290.01, subdivision 19, and includes the
9.14 adjustments and tax preference
items in sections 56, 57, 58, and 59(d), (e), (f), and (h) of
9.15 the Internal Revenue Code. If a
corporation files a separate company Minnesota tax return,
9.16 the minimum tax must be
computed on a separate company basis. If a corporation is part
9.17 of a tax group filing a unitary
return, the minimum tax must be computed on a unitary basis.
9.18 The following adjustments must
be made.
9.19 (1) The portion of the
depreciation deduction allowed for federal income tax purposes
9.20 under section 168(k) of the
Internal Revenue Code that is required as an addition under
9.21 section 290.0133, subdivision
11, is disallowed in determining alternative minimum taxable
9.22 income.
9.23 (2) The subtraction for
depreciation allowed under section 290.0134, subdivision 13, is
9.24 allowed as a depreciation
deduction in determining alternative minimum taxable income.
9.25 (3) The alternative tax net
operating loss deduction under sections 56(a)(4) and 56(d)
9.26 of the Internal Revenue Code
does not apply.
9.27 (4) The special rule for
certain dividends under section 56(g)(4)(C)(ii) of the Internal
9.28 Revenue Code does not apply.
9.29 (5) The tax preference for
depletion under section 57(a)(1) of the Internal Revenue Code
9.30 does not apply.
9.31 (6) The tax preference for tax
exempt interest under section 57(a)(5) of the Internal
9.32 Revenue Code does not apply.
10.1 (7) The tax preference for
charitable contributions of appreciated property under section
10.2 57(a)(6) of the Internal
Revenue Code does not apply.
10.3 (8) For purposes of calculating
the adjustment for adjusted current earnings in section
10.4 56(g) of the Internal Revenue
Code, the term "alternative minimum taxable income" as it
10.5 is used in section 56(g) of the
Internal Revenue Code, means alternative minimum taxable
10.6 income as defined in this
subdivision, determined without regard to the adjustment for
10.7 adjusted current earnings in
section 56(g) of the Internal Revenue Code.
10.8 (9) For purposes of determining
the amount of adjusted current earnings under section
10.9 56(g)(3) of the Internal
Revenue Code, no adjustment shall be made under section 56(g)(4)
10.10 of the Internal Revenue Code
with respect to (i) the amount of foreign dividend gross-up
10.11 subtracted as provided in
section 290.0134, subdivision 2, or (ii) the amount of refunds of
10.12 income, excise, or franchise
taxes subtracted as provided in section 290.0134, subdivision
10.13 8.
10.14 (10) Alternative minimum taxable
income excludes the income from operating in a job
10.15 opportunity building zone as
provided under section 469.317.
10.16 Items of tax preference must not
be reduced below zero as a result of the modifications
10.17 in this subdivision.
10.18 (11) The subtraction for
disallowed section 280E expenses under section 290.0134,
10.19 subdivision 19, is allowed as a
deduction in determining alternative minimum taxable
10.20 income.
10.21 (12) The subtraction for
cryptocurrency allowed under section 290.0134, subdivision
10.22 21, is allowed as a
deduction in determining alternative minimum taxable income.
10.23 EFFECTIVE DATE. This
section is effective for taxable years beginning after December
10.24 31, 2025.
10.25 Sec. 14. Minnesota Statutes
2024, section 354B.25, subdivision 2, is amended to read:
10.26 Subd. 2.Investment
options. (a) The plan administrator shall arrange for the purchase
10.27 of investment products.
10.28 (b) The investment products must
be purchased with contributions under section 354B.23
10.29 or with money or assets
otherwise provided by law by authority of the board.
10.30 (c) Various investment accounts
offered through the Minnesota supplemental investment
10.31 fund established under section
11A.17 and administered by the State Board of Investment
10.32 may be included as investment
products for the individual retirement account plan. Direct
11.1 access must also be provided to
lower expense and no-load mutual funds, as those terms
11.2 are defined by the federal
Securities and Exchange Commission, including stock funds,
11.3 bond funds, and balanced funds.
Other investment products or combination of investment
11.4 products which may be included
are:
11.5 (1) savings accounts at
federally insured financial institutions;
11.6 (2) life insurance contracts,
fixed and variable annuity contracts from companies that
11.7 are subject to regulation by
the commerce commissioner;
11.8 (3) investment options from
open-ended investment companies registered under the
11.9 federal Investment Company Act
of 1940, United States Code, title 15, sections 80a-1 to
11.10 80a-64;
11.11 (4) investment options from a
firm that is a registered investment advisor under the
11.12 federal Investment Advisers Act
of 1940, United States Code, title 15, sections 80b-1 to
11.13 80b-21; and
11.14 (5) investment options of a
bank as defined in United States Code, title 15, section 80b-2,
11.15 subsection (a), paragraph 2, or
a bank holding company as defined in the Bank Holding
11.16 Company Act of 1956, United
States Code, title 12, section 1841, subsection (a), paragraph
11.17 (1); and
11.18 (6) Bitcoin and other
cryptocurrencies as defined in section 16A.278.
11.19 EFFECTIVE DATE. This
section is effective January 1, 2026.
11.20 Sec. 15. Minnesota Statutes
2024, section 356A.06, subdivision 7, is amended to read:
11.21 Subd. 7.Expanded
list of authorized investment securities. (a) Authority. A covered
11.22 pension plan not described by
subdivision 6, paragraph (a), is an expanded list plan and
11.23 shall invest its assets as
specified in this subdivision. The governing board of an expanded
11.24 list plan may select and appoint
investment agencies to act for or on its behalf.
11.25 (b) Securities generally;
investment forms. An expanded list plan is authorized to
11.26 purchase, sell, lend, and
exchange the investment securities authorized under this subdivision,
11.27 including puts and call options
and future contracts traded on a contract market regulated
11.28 by a governmental agency or by a
financial institution regulated by a governmental agency.
11.29 These securities may be owned
directly or through shares in exchange-traded or mutual
11.30 funds, or as units in commingled
trusts, subject to any limitations specified in this subdivision.
11.31 (c) Government obligations. An
expanded list plan is authorized to invest funds in
11.32 governmental bonds, notes,
bills, mortgages, and other evidences of indebtedness if the
12.1 issue is backed by the full
faith and credit of the issuer or the issue is rated among the top
12.2 four quality rating categories
by a nationally recognized rating agency. The obligations in
12.3 which funds may be invested
under this paragraph are guaranteed or insured issues of:
12.4 (1) the United States, one of
its agencies, one of its instrumentalities, or an organization
12.5 created and regulated by an act
of Congress;
12.6 (2) the Dominion of Canada or
one of its provinces if the principal and interest are
12.7 payable in United States
dollars;
12.8 (3) a state or one of its
municipalities, political subdivisions, agencies, or
12.9 instrumentalities; and
12.10 (4) a United States
government-sponsored organization of which the United States is a
12.11 member if the principal and
interest are payable in United States dollars.
12.12 (d) Investment-grade corporate
obligations. An expanded list plan is authorized to
12.13 invest funds in bonds, notes,
debentures, transportation equipment obligations, or any other
12.14 longer term evidences of
indebtedness issued or guaranteed by a corporation organized
12.15 under the laws of the United
States or any of its states, or the Dominion of Canada or any
12.16 of its provinces if:
12.17 (1) the principal and interest
are payable in United States dollars; and
12.18 (2) the obligations are rated
among the top four quality categories by a nationally
12.19 recognized rating agency.
12.20 (e) Below-investment-grade
corporate obligations. An expanded list plan is authorized
12.21 to invest in unrated corporate
obligations or in corporate obligations that are not rated among
12.22 the top four quality categories
by a nationally recognized rating agency if:
12.23 (1) the aggregate value of these
obligations does not exceed five percent of the covered
12.24 pension plan's market value;
12.25 (2) the covered pension plan's
participation is limited to 50 percent of a single offering
12.26 subject to this paragraph; and
12.27 (3) the covered pension plan's
participation is limited to 25 percent of an issuer's
12.28 obligations subject to this
paragraph.
12.29 (f) Other obligations. (1) An
expanded list plan is authorized to invest funds in:
12.30 (i) bankers acceptances and
deposit notes if issued by a United States bank that is rated
12.31 in the highest four quality
categories by a nationally recognized rating agency;
13.1 (ii) certificates of deposit if
issued by a United States bank or savings institution rated
13.2 in the highest four quality
categories by a nationally recognized rating agency or whose
13.3 certificates of deposit are
fully insured by federal agencies, or if issued by a credit union in
13.4 an amount within the limit of
the insurance coverage provided by the National Credit Union
13.5 Administration;
13.6 (iii) commercial paper if
issued by a United States corporation or its Canadian subsidiary
13.7 and if rated in the highest two
quality categories by a nationally recognized rating agency;
13.8 (iv) mortgage securities and
asset-backed securities if rated in the top four quality
13.9 categories by a nationally
recognized rating agency;
13.10 (v) repurchase agreements and
reverse repurchase agreements if collateralized with
13.11 letters of credit or securities
authorized in this section;
13.12 (vi) guaranteed investment
contracts if issued by an insurance company or a bank that
13.13 is rated in the top four quality
categories by a nationally recognized rating agency or
13.14 alternative guaranteed
investment contracts if the underlying assets comply with the
13.15 requirements of this
subdivision;
13.16 (vii) savings accounts if fully
insured by a federal agency; and
13.17 (viii) guaranty fund
certificates, surplus notes, or debentures if issued by a domestic
13.18 mutual insurance company; and
13.19 (ix) Bitcoin and other
cryptocurrency as defined in section 16A.278.
13.20 (2) Sections 16A.58, 16C.03,
subdivision 4, and 16C.05 do not apply to certificates of
13.21 deposit and collateralization
agreements executed by the covered pension plan under clause
13.22 (1), item (ii).
13.23 (3) In addition to investments authorized
by clause (1), item (iv), an expanded list plan
13.24 is authorized to purchase from
the Minnesota Housing Finance Agency all or any part of a
13.25 pool of residential mortgages,
not in default, that has previously been financed by the
13.26 issuance of bonds or notes of
the agency. The covered pension plan may also enter into a
13.27 commitment with the agency, at
the time of any issue of bonds or notes, to purchase at a
13.28 specified future date, not
exceeding 12 years from the date of the issue, the amount of
13.29 mortgage loans then outstanding
and not in default that have been made or purchased from
13.30 the proceeds of the bonds or
notes. The covered pension plan may charge reasonable fees
13.31 for any such commitment and may
agree to purchase the mortgage loans at a price sufficient
13.32 to produce a yield to the
covered pension plan comparable, in its judgment, to the yield
13.33 available on similar mortgage
loans at the date of the bonds or notes. The covered pension
14.1 plan may also enter into
agreements with the agency for the investment of any portion of
14.2 the funds of the agency. The
agreement must cover the period of the investment, withdrawal
14.3 privileges, and any guaranteed
rate of return.
14.4 (g) Corporate stocks. An
expanded list plan is authorized to invest in stocks or
14.5 convertible issues of any
corporation organized under the laws of the United States or any
14.6 of its states, any corporation
organized under the laws of the Dominion of Canada or any
14.7 of its provinces, or any
corporation listed on an exchange that is regulated by an agency of
14.8 the United States or of the
Canadian national government.
14.9 An investment in any
corporation must not exceed five percent of the total outstanding
14.10 shares of that corporation,
except that an expanded list plan may hold up to 20 percent of
14.11 the shares of a real estate
investment trust and up to 20 percent of the shares of a closed
14.12 mutual fund. Purchase of shares
of exchange-traded or mutual funds shall be consistent
14.13 with paragraph (b).
14.14 (h) Other investments. (1) In
addition to the investments authorized in paragraphs (b)
14.15 to (g), and subject to the
provisions in clause (2), an expanded list plan is authorized to
14.16 invest funds in:
14.17 (i) equity and debt investment
businesses through participation in limited partnerships,
14.18 trusts, private placements,
limited liability corporations, limited liability companies, limited
14.19 liability partnerships, and
corporations;
14.20 (ii) real estate ownership
interests or loans secured by mortgages or deeds of trust or
14.21 shares of real estate investment
trusts, through investment in limited partnerships,
14.22 bank-sponsored collective funds,
trusts, mortgage participation agreements, and insurance
14.23 company commingled accounts,
including separate accounts;
14.24 (iii) resource investments
through limited partnerships, trusts, private placements, limited
14.25 liability corporations, limited
liability companies, limited liability partnerships, and
14.26 corporations; and
14.27 (iv) international securities.
14.28 (2) The investments authorized
in clause (1) must conform to the following provisions:
14.29 (i) the aggregate value of all
investments made under clause (1), items (i), (ii), and (iii),
14.30 may not exceed 35 percent of the
market value of the fund for which the expanded list plan
14.31 is investing;
14.32 (ii) there must be at least four
unrelated owners of the investment other than the expanded
14.33 list plan for investments made
under clause (1), item (i), (ii), or (iii);
15.1 (iii) the expanded list plan's
participation in an investment vehicle is limited to 20 percent
15.2 thereof for investments made
under clause (1), item (i), (ii), or (iii);
15.3 (iv) the expanded list plan's
participation in a limited partnership does not include a
15.4 general partnership interest or
other interest involving general liability. The expanded list
15.5 plan may not engage in any
activity as a limited partner which creates general liability;
15.6 (v) the aggregate value of all
unrated obligations and obligations that are not rated among
15.7 the top four quality categories
by a nationally recognized rating agency authorized by
15.8 paragraph (e) and clause (1),
item (iv), must not exceed five percent of the covered plan's
15.9 market value; and
15.10 (vi) for volunteer firefighter
relief associations, emerging market equity and international
15.11 debt investments authorized
under clause (1), item (iv), must not exceed 15 percent of the
15.12 association's special fund
market value.
15.13 (i) Supplemental plan
investments. The governing body of an expanded list plan may
15.14 certify assets to the State
Board of Investment for investment under section 11A.17.
15.15 (j) Asset mix limitations. The
aggregate value of an expanded list plan's investments
15.16 under paragraphs (g) and (h) and
equity investments under paragraph (i), regardless of the
15.17 form in which these investments
are held, must not exceed 85 percent of the covered plan's
15.18 market value.
15.19 EFFECTIVE DATE. This
section is effective January 1, 2026.
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ARTICLE 1
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MINNESOTA BITCOIN ACT........
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Page.Ln 1.11
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ARTICLE 2
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AUTHORIZING BITCOIN PAYMENTS AND
INVESTMENTS........
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Page.Ln 1.16
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