Provide for Montana genomic security act

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ENROLLED BILL
AN ACT PROVIDING FOR THE MONTANA GENOMIC SECURITY ACT; PROHIBITING MEDICAL AND
RESEARCH FACILITIES IN THE STATE FROM USING A GENETIC SEQUENCER OR GENETIC
SEQUENCING SOFTWARE PRODUCED BY A FOREIGN ADVERSARY; PROHIBITING STORAGE OF
GENETIC SEQUENCING DATA OF MONTANANS OUTSIDE OF THE UNITED STATES; REQUIRING
WRITTEN CONSENT OF AN INDIVIDUAL TO REMOTELY ACCESS THEIR GENETIC SEQUENCING DATA
THAT IS NOT OPEN DATA; PROVIDING GENETIC INFORMATION STORAGE REQUIREMENTS FOR
FACILITIES; PROVIDING PENALTIES; AND PROVIDING DEFINITIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Short title. [Sections 1 through 6] may be cited as the "Montana Genomic Security Act".
Section 2. Purpose. The purpose of [sections 1 through 6] is to ensure that blacklisted adversary
military companies do not gain access to American genetic information.
Section 3. Definitions. As used in [sections 1 through 6], the following definitions apply:
(1) "Company" means:
(a) a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture,
limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary,
majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to
make a profit; or
(b) a nonprofit organization.
(2) "Domiciled" means:
(a) the country in which a company is registered and headquartered;
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(b) where the company's affairs are primarily completed, or
(c) where the majority of ownership share is held.
(3) "Foreign adversary" means the nations specified in 15 CFR 791.4.
(4) "Genetic sequencer" means a device or platform used to conduct genetic sequencing,
resequencing, isolation, or other genetic research.
(5) "Genetic sequencing" means any method to determine the identity and order of nucleotide
bases in the human genome.
(6) "Genome" means DNA (deoxyribonucleic acid) or RNA (ribonucleic acid) found in human cells.
(7) "Medical facility" means a facility for the delivery of health services that:
(a) receives state funding, including interagency pass-through appropriations from the federal
government;
(b) is registered with the state to provide health care services in the state; or
(c) conducts research or testing on, with, or relating to genetic sequencing of the human genome.
(8) "Operational and research software" means computer programs used for the operation, control,
analysis, or other necessary functions of genetic sequencing or genetic sequencers.
(9) "Research facility" means a facility that conducts research on, with, or relating to genetic
sequencing or the human genome.
(10) "Software" means a program or routine, or a set of one or more programs or routines, that are
used or intended for use to cause one or more computers or pieces of computer-related peripheral equipment,
or any combination of these, to perform a task or set of tasks as it relates to genetic sequencing or genetic
sequencers.
Section 4. Prohibition on certain genetic sequencers and genetic sequencing technologies. (1)
For conducting genetic sequencing, no medical facility or research facility in the state may utilize genetic
sequencers or any operational or research software used for genetic sequencing that are produced in or by a
foreign adversary, a state-owned enterprise of a foreign adversary, a company domiciled within a foreign
adversary, or an owned or controlled subsidiary or affiliate of a company domiciled within a foreign adversary.
(2) Any genetic sequencers and operational and research software used for genetic sequencers or
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genetic sequencing devices that are prohibited under subsection (1) must be removed and replaced with
genetic sequencers and operational and research software used for genetic sequencers or genetic sequencing
that do not violate the prohibition under subsection (1).
Section 5. Requirements on storage of genetic information. (1) Storage of all genetic sequencing
data from the state must be restricted to the geographic location of the United States. Other than open data,
genetic sequencing data from the state may not be remotely accessed from outside the United States unless
approved in writing by the individuals whose data would be accessed.
(2) Medical facilities, research institutions, and other companies and entities storing genetic
sequencing data, including through contracts with third-party data storage companies, shall ensure the security
of genetic sequencing data using reasonable encryption methods, restrictions on access, and other
cybersecurity best practices.
Section 6. Requirement of certification of compliance -- penalties for noncompliance -- powers
of attorney general. (1) (a) Each medical facility and research institution covered under [sections 1 through 6]
shall provide legal documentation from an attorney to the attorney general by [December 31 following the
effective date of this act], and annually thereafter, certifying that the facility or institution is in compliance with
[sections 4 and 5].
(b) Failure to provide documentation by the deadline constitutes perjury.
(2) (a) A medical facility or research institution that violates the provisions of [section 4] shall be
fined $10,000 for each violation, enforceable from the first day of the first full fiscal year after [the effective date
of this act].
(b) For the purposes of this subsection (2), "violation" means each unique instance of an
individual's genome having undergone genetic sequencing or analysis using prohibited genetic sequencers or
prohibited operational and research software used for genetic sequencers or genetic sequencing.
(3) An entity that knowingly violates the provisions of [section 5] by storing genetic sequencing
data outside of the United States shall be fined $10,000 for each violation, enforceable beginning the first day of
the first full fiscal year after [the effective date of this act].
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(4) (a) A person may notify the attorney general of a violation or a potential violation of [sections 1
through 6]. If that person is an employee of the entity accused of a violation, the person must be afforded all the
protections of a whistleblower pursuant to 30-10-1111.
(b) If a person is a patient or research subject of an entity found guilty of a violation of [section 4]
or [section 5] and that person's genetic information was used in the violation, that person is entitled to recover
damages of not less than $5,000 for each unique use of the person's genomic information.
(5) The attorney general has the authority to investigate allegations of violations of [sections 1
through 6].
Section 7. Codification instruction. [Sections 1 through 6] are intended to be codified as a new part
in Title 30, chapter 23, and the provisions of Title 30, chapter 23, apply to [sections 1 through 6].
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.
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I hereby certify that the within bill,
SB 410, 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. 410
INTRODUCED BY D. ZOLNIKOV
AN ACT PROVIDING FOR THE MONTANA GENOMIC SECURITY ACT; PROHIBITING MEDICAL AND
RESEARCH FACILITIES IN THE STATE FROM USING A GENETIC SEQUENCER OR GENETIC
SEQUENCING SOFTWARE PRODUCED BY A FOREIGN ADVERSARY; PROHIBITING STORAGE OF
GENETIC SEQUENCING DATA OF MONTANANS OUTSIDE OF THE UNITED STATES; REQUIRING
WRITTEN CONSENT OF AN INDIVIDUAL TO REMOTELY ACCESS THEIR GENETIC SEQUENCING DATA
THAT IS NOT OPEN DATA; PROVIDING GENETIC INFORMATION STORAGE REQUIREMENTS FOR
FACILITIES; PROVIDING PENALTIES; AND PROVIDING DEFINITIONS.