SB 212: Creating the Right to Compute Act and requiring shutdowns of AI controlled critical infrastructure - Montana

SB0212_2(11).pdf → SB0212_X.pdf · 6 edits

MODERATE

The bill was revised to remove language requiring specific 'shutdown capabilities' for AI systems, replacing it with a mandate for deployers to create a risk management policy based on national standards. The definitions were updated to clarify that 'critical artificial intelligence' excludes systems performing narrow procedural tasks or improving past human work, while the preemption clause was expanded to explicitly state that the bill does not override federal laws.

Scope change

The bill's scope shifted from requiring a hard 'shutdown' mechanism for AI-controlled infrastructure to requiring a risk management policy, and the definition of 'critical AI' was narrowed to exclude routine or preparatory tasks.

REQUIREMENT

Removed the specific requirement for deployers to ensure the capability to disable AI control and revert to human control within a reasonable time.

Changed the requirement from a 'shutdown capability' to developing a 'risk management policy' that considers guidance from the NIST AI Risk Management Framework and ISO/IEC 42001 standards.

DEFINITION

Added explicit exclusions to the definition of 'critical artificial intelligence,' stating it does not include systems intended for narrow procedural tasks, improving past human activities, or detecting decision-making patterns.

Reorganized the definitions section to clearly list exclusions for 'critical artificial intelligence' alongside the main definition.

Added a specific exclusion for antifraud, antimalware, antivirus, calculator, cybersecurity, database, data storage, firewall, and other utility systems from the definition of critical AI.

ENFORCEMENT

Expanded the preemption clause to explicitly state that the bill cannot be used to preempt federal laws.

SB0212_3.pdf → SB0212_2(11).pdf · 3 edits

MINOR

The bill text was reformatted to correct capitalization errors and fix a typo in the title number, but the substantive legal content remains identical. The changes involve converting all-caps text to standard sentence case and correcting 'SB 212' to 'SB0212.2', ensuring the document is ready for official printing without altering any laws or regulations.

TECHNICAL

Corrected the bill title number from 'SB 212' to 'SB0212.2' to match the official filing number.

Changed the entire text from all-caps (typical for draft bills) to standard sentence case for the final version.

Fixed a typo in the short title section where 'Sections' was capitalized incorrectly.

SB0212_2(10).pdf → SB0212_3.pdf · 3 edits

MINOR

The bill was renumbered from SB0212.2 to SB 212 and reclassified as an 'Enrolled Bill,' indicating it has passed final legislative approval. The text was cleaned of formatting artifacts and minor typos, such as removing redundant 'NEW SECTION' headers and correcting inconsistent capitalization. The core policy content regarding the 'Right to Compute' and AI safety requirements remains substantively unchanged.

TECHNICAL

The bill number was updated from SB0212.2 to SB 212, and the document status changed to 'Enrolled Bill,' reflecting its final passage.

Redundant 'NEW SECTION' headers were removed to streamline the text, and minor capitalization errors were corrected for consistency.

Formatting artifacts, such as stray page numbers and broken lines, were removed to create a clean, readable version of the act.

SB0212_2(3).pdf → SB0212_2(4).pdf · 3 edits

MINOR

The bill was significantly expanded to include a new section on preserving intellectual property rights and a new preemption clause to ensure federal laws take precedence. Additionally, the definition of 'compelling government interest' was broadened to explicitly include preventing datacenter nuisances and protecting minors from harmful synthetic content.

Scope change

The bill's scope was expanded to cover intellectual property preservation and to clarify that it does not override federal laws.

REQUIREMENT

Added a new section requiring the bill not to alter or diminish intellectual property rights under federal or state law, such as patents and copyrights.

Added a new section stating that the bill cannot preempt (override) federal laws.

DEFINITION

Expanded the definition of 'compelling government interest' to include preventing common law nuisances from physical datacenters and protecting minors from harmful synthetic content like deepfakes.

SB0212_1(7).pdf → SB0212_2.pdf · 5 edits

MODERATE

The bill was renumbered from SB 212 to SB0212.2 and significantly expanded to include specific shutdown requirements for AI-controlled critical infrastructure. The original text focused broadly on protecting the right to compute, while the new version mandates that AI system deployers must have the ability to disable AI control and revert to human oversight. It also introduces a requirement for an annual risk management policy aligned with national AI standards.

Scope change

The bill's scope expanded from a general declaration of rights to include mandatory operational controls for critical infrastructure facilities controlled by artificial intelligence systems.

REQUIREMENT

Added a requirement for AI system deployers to ensure the capability to disable AI control and revert to human control within a reasonable time.

Added a mandate for deployers to implement, annually review, and test a risk management policy including fallback mechanisms and redundancy plans.

TECHNICAL

Specified that the risk management policy must consider guidance from the NIST AI Risk Management Framework and ISO/IEC 42001 standards.

DEFINITION

Modified the definition of 'Compelling government interest' to explicitly include the requirement that AI-controlled facilities can be shut down and returned to human control.

ENFORCEMENT

Added a compliance clause stating that plans prepared under federal requirements constitute compliance with the new shutdown and policy requirements.

LC0292.pdf → SB0212_1.pdf · 2 edits

MINOR

The bill was renumbered from LC 0292 to SB 212.1 and updated with the primary sponsor's name. A new definition was added to clarify that 'government actions' include permits and administrative practices that restrict the use of technology.

Scope change

The bill's scope was expanded by adding 'permits' and 'administrative practices' to the definition of government actions, broadening the types of restrictions covered.

DEFINITION

Added 'permits' and 'administrative practices' to the definition of 'government actions' to ensure these specific types of restrictions are covered by the bill.

TECHNICAL

Changed the bill number from LC 0292 to SB 212.1 and added the primary sponsor's name.

Creating the Right to Compute Act and requiring shutdowns of AI controlled critical infrastructure

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