HB 392 — Enact the Ohio Right to Compute Act

As IntroducedReported by the House Technology and Innovation Committee 136th General Assembly Regular Session H.Am.

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392 2025-2026 Representatives Fischer, Demetriou ToCosponsor: enact section 9.89 of the Revised Code to limit 1 further regulation of certain computational 2 systems, require risk management policies for 3 AI-controlled critical infrastructure, and to 4 name this act the Ohio Right to Compute Act.

Representative Mathews, T.

To enact section 9.89 of the Revised Code to limit 1 further regulation of certain computational 2 systems, require risk management policies for 3 AI-controlled critical infrastructure, and to 4 name this act the Ohio Right to Compute Act.

8 (1) "Compelling governmental interest" means a 9 governmental interest of the highest order in protecting the 10 public that cannot be 10 achieved without burdening the lawful use 11 of computational 11 resources, including all of the following:

15 (c) Protecting minors and vulnerable populations from 16 harmful content generated by artificial intelligence systems, 17 such as images or video or audio recordings that replicate the 18 likenessAm. of an individual, commonly known as "deepfakes," that 19 H.

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392 Page 2 As IntroducedReported by the House Technology and Innovation Committee likeness of an individual, commonly known as "deepfakes," that 19 are generated or published without the individual's consent;

20 (d) PreventingRemediating and remediating public nuisances associated 21 with physical21 datacomputational centerresource infrastructure.infrastructure;

22 (2)(e) "ComputationalGoverning resource"acceptable meansuses anyof system,artificial software,intelligence 23 network,systems device,by oremployees infrastructure capable of processing,the 24political storing,subdivision transmitting, manipulating, or disseminatingstate data24 oragency. 25 information, including hardware, software, algorithms, 26 cryptography, artificial intelligence systems, machine learning 27 systems, quantum computing tools, and any similar technologies.

2825 (3)(2) "Artificial"Computational intelligenceresource" system" means any systemsystem, thatsoftware, 2926 utilizesnetwork, machinedevice, learning or similarinfrastructure technologiescapable toof inferprocessing, from27 30storing, inputstransmitting, howmanipulating, toor producedisseminating outputsdata thator affect28 orinformation, influenceincluding physicalhardware, 31software, oralgorithms, virtual29 environments,cryptography, includingartificial contentintelligence generation,systems, 32machine decisions,learning recommendations,30 orsystems, predictions.quantum computing tools, and any similar technologies.

31 (3) "Artificial intelligence system" means any system that 32 utilizes machine learning or similar technologies to infer from 33 (4)inputs "Criticalhow infrastructureto facility"produce hasoutputs thethat sameaffect or influence physical 34 meaningor asvirtual inenvironments, sectionincluding 2911.21content ofgeneration, the35 Reviseddecisions, Code.recommendations, or predictions.

35 (5) "State agency" means every organized body, office, or 36 agency(4) established"Critical byinfrastructure thefacility" lawshas of the statesame for37 themeaning exerciseas ofin 37section any2911.21 function of statethe government.Revised Code.

38 (5) "State agency" doesmeans notevery 38organized includebody, office, or 39 agency established by the generallaws assembly.of the state for the exercise of 40 any function of state government.

39"State (6)agency" "Politicaldoes subdivision"not means any body corporate and 40 politic that is responsible for governmental activities only in 41 ainclude geographic area smaller than the state.general assembly.

42 (B)(6) No"Political politicalsubdivision" subdivisionmeans orany statebody agencycorporate shalland enact, 43 adopted,politic enforce,that oris maintainresponsible anyfor law,governmental rule,activities regulation,only permitin 44 requirement, or other administrative practice that restricts or 45 prohibits any person's lawful use, development, deployment, or 46 possession of a computationalgeographic resourcearea unlesssmaller than the restrictionstate. is 47 narrowly tailored to achieve a compelling governmental interest.

4845 H.(B) No political subdivision or state agency shall enact, 46 Am.

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392 Page 3 As IntroducedReported (C)(1)by Anythe personHouse orTechnology otherand entityInnovation thatCommittee implementsadopted, enforce, or 49maintain operatesany anlaw, artificialrule, intelligenceregulation, systempermit that47 inrequirement, whole or inother 50administrative partpractice controlsthat arestricts criticalor infrastructure48 facilityprohibits shall,any beforeperson's 51lawful oruse, withindevelopment, adeployment, reasonableor period49 afterpossession the deployment of thea 52computational system,resource implementunless athe riskrestriction managementis policy50 thatnarrowly conformstailored to allachieve 53a ofcompelling thegovernmental following:interest.

5451 (a)(C)(1) TheAny latestperson versionor ofother theentity that implements or 52 operates an artificial intelligence risksystem 55that managementin frameworkwhole developedor byin the53 nationalpart institutecontrols ofa 56critical standardsinfrastructure andfacility technologyshall, underbefore 54 or within a reasonable period after the Uniteddeployment Statesof departmentthe 55 system, implement a risk management policy that conforms to all 56 applicable federal regulations and either of 57the commerce;following:

5857 (b)(a) The internationallatest organizationversion forof standardizationthe andartificial 59intelligence internationalrisk electrotechnical58 commissionmanagement 4200framework standarddeveloped orby anythe 60national otherinstitute nationallyof or59 internationallystandards recognizedand artificialtechnology 61under intelligencethe riskUnited managementStates standarddepartment orof framework60 notcommerce; referred 62 to in this section;

61 (b) The international organization for standardization and 62 international electrotechnical commission 4200 standard or any 63 (c)other Allnationally applicableor federalinternationally regulations.recognized artificial 64 intelligence risk management standard or framework not referred 65 to in this section.

6466 (2) The requirement to implement a risk management policy 6567 under division (C)(1) of this section does not apply if the 6668 artificial intelligence system is capable of completing only 6769 nonexecutive tasks of a procedural or preparatory nature or 6870 implementing only those decisions previously made by a human 6971 decision maker, or if the artificial intelligence system is 7072 exclusively an antivirus, antimalware, or cybersecurity tool.

7173 (D) This section shall not be construed to abridge, alter, 7274 diminish, or conflict with any legal rights and remedies related 7375 toAm. intellectual property, including patent, trademark, 74 copyright, and trade secret protections.

75H. Section 2.

ThisB. act shall be known as the Ohio Right to 76 Compute Act.

77No.

392 Page 4 As Reported by the House Technology and Innovation Committee to intellectual property, including patent, trademark, 76 copyright, and trade secret protections.

77 Section 2.

This act shall be known as the Ohio Right to 78 Compute Act.

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