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Wisconsin Legislature: SB649: Bill Text
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SB649: Bill Text
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2025 - 2026 LEGISLATURE
LRB-3263/1
SWB:emw
2025 SENATE BILL 649
November 14, 2025 - Introduced by Senators
Testin
,
Jacque
,
Nass
and
Tomczyk
, cosponsored by Representatives
Moses
,
Dallman
,
Callahan
,
Kreibich
,
Kurtz
,
Piwowarczyk
,
Mursau
,
Neylon
,
Dittrich
,
Knodl
,
Green
,
Behnke
and
Brill
. Referred to Committee on Licensing, Regulatory Reform, State and Federal Affairs.
SB649,1,4
1
An Act
to create
146.907 of the statutes;
relating to:
banning the use of
2
genetic software from foreign adversaries in medical and research facilities,
3
the storage of any human genome sequencing data within the borders of a
4
foreign adversary, and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits any medical facility or research facility in this state from using 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. Under the bill, “foreign adversary” means a person determined by the U.S. Department of Commerce to be a foreign adversary of the United States. Those countries currently include China, Cuba, Iran, North Korea, Russia, and Venezuela under the regime of Nicolás Maduro. The bill provides that “operational or research software” means computer programs used for the operation, control, analysis, or other necessary functions of genetic analysis or genetic sequencers. Under the bill, a “genetic sequencer” is any device or platform used to conduct genetic analysis, resequencing, isolation, or other genetic research.
The bill provides that a “medical facility” is 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. Similarly, under the bill, a “research facility” is 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.
Under the bill, 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 a foreign adversary, and each medical facility, research facility, company, or nonprofit organization must ensure that such data is inaccessible to any person located within the borders of a foreign adversary. The bill provides that these requirements do not apply to the storage of human genome sequencing data that is collected as part of clinical trials or other biomedical research studies subject to, or conducted in accordance with, certain federal regulations relating to protection of sensitive personal and government-related data.
The bill provides for enforcement by the attorney general and allows the attorney general to investigate allegations of a violation. Any person may notify the attorney general of a violation or potential violation. Under the bill, a person must forfeit $10,000 for each violation of genetic sequencing with a prohibited device or prohibited storage of human genome sequencing data. The attorney general may bring an action in the name of the state to collect any forfeiture imposed for a violation.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB649,1
1
Section
1
.
146.907 of the statutes is created to read:
SB649,2,2
2
146.907
Prohibition on certain genetic software.
(1)
In this section:
SB649,2,6
3
(a) “DNA” means deoxyribonucleic acid, ribonucleic acid, and chromosomes
4
that may be analyzed to detect heritable diseases or conditions, including the
5
identification of carriers, predicting risk of disease, or establishing a clinical
6
diagnosis.
SB649,2,8
7
(b) “Foreign adversary” means a person determined to be a foreign adversary
8
under
15 CFR 791.4
.
SB649,3,4
1
(c) “Genetic analysis” means the testing or analysis of an identifiable
2
individual’s DNA that results in information that is derived from the presence,
3
absence, alteration, or mutation of an inherited gene or the presence or absence of a
4
specific DNA marker. “Genetic analysis” does not include any of the following:
SB649,3,5
5
1. A routine physical examination.
SB649,3,6
6
2. A routine chemical, blood, or urine analysis.
SB649,3,7
7
3. A test to identify the presence of drugs or HIV infection.
SB649,3,9
8
4. A test performed due to the presence of signs, symptoms, or other
9
manifestations of a disease, illness, impairment, or other disorder.
SB649,3,11
10
(d) “Genetic sequencer” means any device or platform used to conduct genetic
11
analysis, resequencing, isolation, or other genetic research.
SB649,3,13
12
(e) “HIV” means any strain of human immunodeficiency virus, which causes
13
acquired immunodeficiency syndrome.
SB649,3,15
14
(f) “HIV infection” means the pathological state produced by a human body in
15
response to the presence of HIV.
SB649,3,16
16
(g) “Human genome” means DNA or ribonucleic acid found in human cells.
SB649,3,20
17
(h) “Medical facility” means a facility for the delivery of health services that
18
receives state moneys, including interagency pass-through appropriations from the
19
federal government, and conducts research or testing on or relating to genetic
20
analysis or the human genome.
SB649,3,23
21
(i) “Operational or research software” means computer programs used for the
22
operation, control, analysis, or other necessary functions of genetic analysis or
23
genetic sequencers.
SB649,4,2
24
(j) “Research facility” means a facility that receives state moneys, including
1
interagency pass-through appropriations from the federal government, and
2
conducts research on or relating to genetic analysis or the human genome.
SB649,4,8
3
(2)
No medical facility or research facility in this state may use a genetic
4
sequencer used for genetic analysis or operational or research software used for
5
genetic analysis that is produced in or by a foreign adversary, a company organized
6
within the borders of a country that is a foreign adversary, or an owned or controlled
7
subsidiary or affiliate of a company domiciled within the borders of a country that is
8
a foreign adversary.
SB649,4,16
9
(3)
No medical facility, research facility, company, or nonprofit organization
10
may store any human genome sequencing data of a resident of this state at a
11
location within the borders of country that is a foreign adversary, and each medical
12
facility, research facility, company, or nonprofit organization shall ensure that such
13
data is inaccessible to any person located within the borders of a country that is a
14
foreign adversary. This subsection does not apply to the storage of human genome
15
sequencing data that is collected as part of a clinical trial or other biomedical
16
research study subject to, or conducted in accordance with,
28 CFR Part 202
.
SB649,4,23
17
(4)
This section shall be enforced in the name and on behalf of the state by the
18
attorney general. The attorney general may investigate an allegation of a violation
19
of this section, and any person may notify the attorney general of a violation or
20
potential violation of this section. Whoever violates this section shall forfeit
21
$10,000 for each violation of the prohibitions in subs. (2) and (3). The attorney
22
general may bring an action in the name of the state to collect any forfeiture
23
imposed under this subsection.
SB649,4,24
24
(end)
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