SB 49 — safeguard the integrity, privacy, and security of genetic data and provide a civil penalty therefor.

26.533.1126.533.12 101st Legislative Session 49 South Dakota Legislature Senate Bill 49 HOUSEENROLLED JUDICIARYA ENGROSSEDN IntroducedA by:CT ENTITLED An Act to safeguard the integrity, privacy, and security of genetic data and provide a civil penalty therefor.

TheB ChairE ofIT theENACTED CommitteeBY onTHE JudiciaryL atEGISLATURE theOF requestTHE ofS theTATE AttorneyOF GeneralS AnOUTH ActD toAKOTA safeguard: the integrity, privacy, and security of genetic data and provide a civil penalty therefor.

B E IT ENACTED BY THE LEGISLATURE OF THE S TATE OF S OUTH D AKOTA :

or Overstrikes26.533.12 indicate2 deleted49 language.(c) Delivers the results of the analysis of a biological sample or genetic data.

26.533.11 2 49 (c) Delivers the results of the analysis of a biological sample or genetic data.

and OverstrikesSB49 indicateENROLLED deleted26.533.12 language.3 49 (f) Separate express consent for marketing by the direct-to-consumer genetic testing company, to another consumer, based on the consumer's genetic data, or by a third party, to another consumer, based on the consumer having ordered or purchased a genetic testing product or service;

26.533.11 3 49 (f) Separate express consent for marketing by the direct-to-consumer genetic testing company, to another consumer, based on the consumer's genetic data, or by a third party, to another consumer, based on the consumer having ordered or purchased a genetic testing product or service;

OverstrikesSB49 indicateENROLLED deleted26.533.12 language.4 49 The provisions of sections 2 to 5, inclusive, of this Act do not apply to:

26.533.11 4 49 The provisions of sections 2 to 5, inclusive, of this Act do not apply to:

part 50 (December 4, 2025) and 21 C.F.R.

OverstrikesSB49 indicateENROLLED deleted26.533.12 language.5 49 An Act to safeguard the integrity, privacy, and security of genetic data and provide a civil penalty therefor.

Received at this Executive Office I certify that the attached Act originated in this _____ day of _____________, the:

at ____________M.

Senate as Bill No.

49 By Secretary of the Senate for the Governor The attached Act is hereby approved this ________ day of President of the Senate ______________, A.D., 2026 Attest:

Governor Secretary of the Senate STATE OF SOUTH DAKOTA, ss.

Office of the Secretary of State Speaker of the House Filed ____________, 2026 Attest:

at _________ o'clock __M.

Chief Clerk of the House Secretary of State Senate Bill No.

49 By File No.

____ Asst.

Secretary of State Chapter No.

______ SB49 ENROLLED