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Wisconsin Legislature: AB673: Text as Enrolled
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AB673: Text as Enrolled
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Date of enactment:
2025 Assembly Bill 673
Date of publication*:
2025 WISCONSIN ACT
An Act
to create
146.907 of the statutes;
relating to:
banning the use of genetic software from foreign adversaries in medical and research facilities, the storage of any human genome sequencing data within the borders of a foreign adversary, and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB673,1
Section
1
.
146.907 of the statutes is created to read:
146.907
Prohibition on certain genetic software.
(1)
In this section:
(a) “DNA” means deoxyribonucleic acid, ribonucleic acid, and chromosomes that may be analyzed to detect heritable diseases or conditions, including the identification of carriers, predicting risk of disease, or establishing a clinical diagnosis.
(b) 1. Except as provided under subd. 2., “foreign adversary” means any of the following:
a. The People’s Republic of China, including the Hong Kong Special Administrative Region and the Macau Special Administrative Region.
b. The Republic of Cuba.
c. The Islamic Republic of Iran.
d. The Democratic People’s Republic of Korea.
e. The Russian Federation.
f. The Venezuelan regime of Nicolás Maduro.
2. “Foreign adversary” does not include any country, government, regime, or person specified under subd. 1. if the country, government, regime, or person is not included in the list of foreign adversaries under 15 CFR 791.4, as amended from time to time.
(c) “Genetic analysis” means the testing or analysis of an identifiable individual’s DNA that results in information that is derived from the presence, absence, alteration, or mutation of an inherited gene or the presence or absence of a specific DNA marker. “Genetic analysis” does not include any of the following:
1. A routine physical examination.
2. A routine chemical, blood, or urine analysis.
3. A test to identify the presence of drugs or HIV infection.
4. A test performed due to the presence of signs, symptoms, or other manifestations of a disease, illness, impairment, or other disorder.
(d) “Genetic sequencer” means any device or platform used to conduct genetic analysis, resequencing, isolation, or other genetic research.
(e) “HIV” means any strain of human immunodeficiency virus, which causes acquired immunodeficiency syndrome.
(f) “HIV infection” means the pathological state produced by a human body in response to the presence of HIV.
(g) “Human genome” means DNA or ribonucleic acid found in human cells.
(h) “Medical facility” means a facility for the delivery of health services that receives state moneys, including interagency pass-through appropriations from the federal government, and conducts research or testing on or relating to genetic analysis or the human genome.
(i) “Operational or research software” means computer programs used for the operation, control, analysis, or other necessary functions of genetic analysis or genetic sequencers.
(j) “Research facility” means a facility that receives state moneys, including interagency pass-through appropriations from the federal government, and conducts research on or relating to genetic analysis or the human genome.
(2)
No medical facility or research facility in this state may use a genetic sequencer used for genetic analysis or operational or research software used for genetic analysis that is produced in or by a foreign adversary, a company organized within the borders of a country that is a foreign adversary, or an owned or controlled subsidiary or affiliate of a company domiciled within the borders of a country that is a foreign adversary.
(3)
No medical facility, research facility, company, or nonprofit organization may store any human genome sequencing data of a resident of this state at a location within the borders of country that is a foreign adversary, and each medical facility, research facility, company, or nonprofit organization shall ensure that such data is inaccessible to any person located within the borders of a country that is a foreign adversary. This subsection does not apply to the storage of human genome sequencing data that is collected as part of a clinical trial or other biomedical research study subject to, or conducted in accordance with, 28 CFR Part 202.
(4)
This section shall be enforced in the name and on behalf of the state by the attorney general. The attorney general may investigate an allegation of a violation of this section, and any person may notify the attorney general of a violation or potential violation of this section. Whoever violates this section shall forfeit $10,000 for each violation of the prohibitions in subs. (2) and (3). The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this subsection.
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