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- 2025
69th Legislature 2025 SB 212
- 1 - Authorized Print Version – SB 212
ENROLLED BILL
AN ACT GENERALLY REVISING LAWS RELATED TO TECHNOLOGY; CREATING THE RIGHT TO
COMPUTE ACT; REQUIRING A RISK MANAGEMENT POLICY FOR CRITICAL INFRASTRUCTURE
FACILITIES CONTROLLED BY AN ARTIFICIAL INTELLIGENCE SYSTEM; PROVIDING DEFINITIONS; AND
PROVIDING AN IMMEDIATE EFFECTIVE DATE.”
WHEREAS, innovations in computational technology, such as machine learning, enable technological
breakthroughs in nearly every sector, leading to increased economic growth and greater prosperity; and
WHEREAS, ensuring the United States remains at the forefront of computational technology is critical
for driving economic growth, safeguarding national security, and retaining a competitive edge over adversarial
nations; and
WHEREAS, while recognizing the benefits of recent innovations in computational technologies,
technology industry leaders have also expressed concern that some applications of powerful computational
resources may pose a high risk to public health and safety; and
WHEREAS, federal and state governments increasingly propose far-reaching restrictions on the ability
to privately own or make use of computational resources for lawful purposes, some of which may infringe on
fundamental constitutional rights to property and free expression; and
WHEREAS, the Montana Legislature is the proper branch of government to establish policies and
principles relating to the ability to own and make use of computational resources within the context of state
constitutional provisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Short title. [Sections 1 through 7] may be cited as the "Right to Compute Act".
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69th Legislature 2025 SB 212
- 2 - Authorized Print Version – SB 212
ENROLLED BILL
Section 2. Legislative findings -- intent. The legislature finds that the rights to acquire, possess,
and protect property under Article II, section 3, of the Montana constitution, and the freedom of expression
under Article II, section 7, of the Montana constitution, also embody the notion of a fundamental right to own
and make use of technological tools, including computational resources. Any restrictions placed by the
government on the ability to privately own or make use of computational resources for lawful purposes must be
limited to those demonstrably necessary and narrowly tailored to fulfill a compelling government interest.
Section 3. Right to compute. Government actions that restrict the ability to privately own or make
use of computational resources for lawful purposes, which infringes on citizens' fundamental rights to property
and free expression, must be limited to those demonstrably necessary and narrowly tailored to fulfill a
compelling government interest.
Section 4. Infrastructure controlled by critical artificial intelligence system. (1) When critical
infrastructure facilities are controlled in whole or in part by a critical artificial intelligence system, the deployer
shall develop a risk management policy after deploying the system that is reasonable and considers guidance
and standards in the latest version of the artificial intelligence risk management framework from the national
institute of standards and technology, the ISO/IEC 4200 artificial intelligence standard from the international
organization for standardization, or another nationally or internationally recognized risk management framework
for artificial intelligence systems. A plan prepared under federal requirements constitutes compliance with this
section.
Section 5. Preservation of intellectual property. Nothing in [sections 1 through 7] may be
construed to alter, diminish, or interfere with the rights and remedies available under federal or state intellectual
property laws, including but not limited to patent, copyright, trademark, and trade secret laws.
Section 6. Preemption by federal law. Nothing in [sections 1 through 7] may be construed to
preempt federal laws.
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69th Legislature 2025 SB 212
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ENROLLED BILL
Section 7. Definitions. As used in [sections 1 through 7], the following definitions apply:
(1) "Artificial intelligence system" means any machine learning-based system that, for any explicit
or implicit objective, infers from the inputs the system receives how to generate outputs, including but not
limited to content, decisions, predictions, and recommendations that can influence physical or virtual
environments.
(2) "Compelling government interest " means a government interest of the highest order in
protecting the public that cannot be achieved through less restrictive means. This includes but is not limited to:
(a) ensuring that a critical infrastructure facility controlled by an artificial intelligence system
develops a risk management policy;
(b) addressing conduct that deceives or defrauds the public;
(c) protecting individuals, especially minors, from harm by a person who distributes deepfakes and
other harmful synthetic content with actual knowledge of the nature of that material; and
(d) taking actions that prevent or abate common law nuisances created by physical datacenter
infrastructure.
(3) "Computational resources" means any tools, technologies, systems, or infrastructure, whether
digital, analog, existing, or some other form, that facilitate any form of computation, data processing, storage,
transmission, manipulation, control, creation, dissemination, or use of information and data. This includes but is
not limited to hardware, software, algorithms, sensors, networks, protocols, platforms, services, systems,
cryptography, machine learning, or quantum applications.
(4) (a) "Critical artificial intelligence" means an artificial intelligence system that is designed and
deployed to make, or is a substantial factor in making, a consequential decision.
(b) The term does not include:
(i) an artificial intelligence system that is intended to:
(A) perform a narrow procedural task;
(B) improve the result of a previously completed human activity;
(C) perform a preparatory task to an assessment relevant to a consequential decision; or
(D) detect a decision-making pattern or a deviation from a preexisting decision-making pattern;
(ii) antifraud, antimalware, antivirus, calculator, cybersecurity, database, data storage, firewall,
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69th Legislature 2025 SB 212
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ENROLLED BILL
internet domain registration, internet-website loading, networking, robocall-filtering, spam-filtering, spell-
checking, spreadsheet, web-caching, web-hosting, or search engine technologies or similar technologies; or
(iii) a technology that communicates in natural language for the purpose of providing users with
information, makes referrals or recommendations, answers questions, or generates other content and that is
subject to an acceptable use policy that prohibits the generation of unlawful content.
(5) "Critical infrastructure facility" has the same meaning as provided in 82-1-601.
(6) "Deployer" means an individual, company, or other organization that utilizes an artificial
intelligence system.
(7) "Government actions" means any law, ordinance, regulation, rule, policy, condition, test, permit,
or administrative practice enacted by a government entity that restricts the common or intended use of
computational resources by its owner or invitees.
(8) "Government entity" means any unit of state government including the state, counties, cities,
towns, or political subdivisions, and any branch, department, division, office, or government entity of state or
local government.
Section 8. Severability. If a part of [this act] is invalid, all valid parts that are severable from the
invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in
effect in all valid applications that are severable from the invalid applications.
Section 9. Codification instruction. [Sections 1 through 7] are intended to be codified as a new part
of Title 2, chapter 10, and the provisions of Title 2, chapter 10, apply to [sections 1 through 7].
Section 10. Effective date. [This act] is effective on passage and approval.
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I hereby certify that the within bill,
SB 212, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
SENATE BILL NO. 212
INTRODUCED BY D. ZOLNIKOV
AN ACT GENERALLY REVISING LAWS RELATED TO TECHNOLOGY; CREATING THE RIGHT TO
COMPUTE ACT; REQUIRING SHUTDOWN CAPABILITIES A RISK MANAGEMENT POLICY FOR CRITICAL
INFRASTRUCTURE FACILITIES CONTROLLED BY AN ARTIFICIAL INTELLIGENCE SYSTEM; PROVIDING
DEFINITIONS; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.