Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 548 (2025GS)

Sponsor

Rep. Brooks, Walt

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• prohibits the use of certain genetic sequencers and genetic sequencing software;
• prescribes requirements and restrictions related to the storage of genetic sequencing data;
• requires relevant entities to certify compliance with genetic sequencing requirements;
• authorizes the attorney general to investigate alleged violations of genetic sequencing requirements, and initiate civil actions for those violations; and
• provides protections for an employee who reports a suspected violation of genetic sequencing requirements to the attorney general.

Every vote on this bill

Bill text

3
26B-2-244
0
Genetic Information Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Walt Brooks
Senate Sponsor: 
LONG TITLE
General Description:
This bill addresses the use of genetic sequencing tools and the storage of genetic 
sequencing data.
Highlighted Provisions:
This bill:
defines terms;
prohibits the use of certain genetic sequencers and genetic sequencing software;
requires genetic sequencing data to be stored within the United States;
requires relevant entities to certify compliance with genetic sequencing requirements;
creates civil penalties for violations of genetic sequencing requirements; and
authorizes the attorney general to investigate alleged violations of genetic sequencing 
requirements. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
26B-2-244
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
26B-2-244
 is enacted to read:
26B-2-244. Genetic sequencing -- Storage of genetic information -- Enforcement.
(1)
As used in this section:
(a)
"DNA" means deoxyribonucleic acid.
(b)
"Domicile" means the country where:
(i)
a company is registered and headquartered;
(ii)
a company's affairs are primarily completed; or
(iii)
the majority of a company's ownership share is held.
(c)
"Foreign adversary" means a foreign adversary identified in 15 C.F.R. Sec. 791.4.
(d)
"Genetic sequencer" means a device or platform used to conduct genetic sequencing, 
resequencing, isolation, or other similar genetic research.
(e)
"Genetic sequencing" means a method to determine the identity and order of 
nucleotide bases in the human genome.
(f)
"Genomic research facility" means a facility that conducts research on, with, or 
relating to genetic sequencing or the human genome.
(g)
"Human genome" means DNA found in human cells or RNA found in human cells.
(h)
"Medical facility" means a facility for the delivery of health services that:
(i)
receives public funds, including pass-through appropriations from the federal 
government;
(ii)
is registered to provide health care services in the state; or
(iii)
conducts research or testing on, with, or relating to genetic sequencing or the 
human genome.
(i)
"Operational and research software" means a computer program used for the 
operation, control, analysis, or other necessary functions of genetic sequencing or a 
genetic sequencer.
(j)
"RNA" means ribonucleic acid.
(k)
"Software" means a program or routine, or a set of one or more programs or routines, 
used or intended for use to cause one or more computers or pieces of 
computer-related peripheral equipment, to perform a task or set of tasks related to 
genetic sequencing or a genetic sequencer.
(2)
(a)
A medical facility or genomic research facility may not use a genetic sequencer or 
operational and research software that is produced in or by a foreign adversary, a 
foreign adversary's state-owned enterprise, a person domiciled within a foreign 
adversary, or an owned or controlled subsidiary or affiliate of a person domiciled 
within a foreign adversary.
(b)
A medical facility or genomic research facility with a genetic sequencer or genetic 
sequencing device prohibited under Subsection 
(2)(a)
 that is not permanently 
disabled shall:
(i)
remove or permanently disable the genetic sequencer or genetic sequencing 
device; and
(ii)
use a genetic sequencer or genetic sequencing device that is not prohibited by 
Subsection 
(2)(a)
.
(3)
(a)
A medical facility, genomic research facility, or other person that stores genetic 
sequencing data shall store genetic sequencing data within the geographic boundaries 
of the United States.
(b)
Remote access to genetic sequencing data storage, other than open data, from outside 
the United States is prohibited unless approved in writing by the department.
(c)
A medical facility, genomic research facility, or other person that stores genetic 
sequencing data, including through a contract with a third-party data storage 
provider, shall ensure the security of the genetic sequencing data by using reasonable 
encryption methods, restrictions on access, and other cybersecurity best practices.
(4)
(a)
Beginning December 31, 2025, and by December 31 of each subsequent year, 
each medical facility and genomic research facility that is subject to this section shall 
provide a sworn statement to the attorney general and the department confirming that 
the medical facility or genomic research facility is in compliance with the 
requirements of this section.
(b)
A person that violates Subsection 
(2)
 is subject to a fine of $10,000 per violation, 
enforceable beginning July 1, 2025.
(c)
For the purposes of Subsection 
(4)(b)
, each unique instance of a human genome 
undergoing genetic sequencing or analysis using a prohibited genetic sequencer or 
prohibited operational and research software is a separate violation.
(d)
A person that knowingly violates the provisions of Subsection 
(3)
 by storing genetic 
sequencing data outside of the United States is subject to a fine of $10,000 per 
violation, enforceable beginning July 1, 2025.
(5)
(a)
Any person may notify the attorney general of a violation or potential violation of 
this section.
(b)
An employer may not take an adverse employment action against an employee if:
(i)
the employee notifies the attorney general of a violation or potential violation of 
this section; and
(ii)
the adverse employment action is based on the employee notifying the attorney 
general regarding the violation.
(c)
If an individual is a patient or research subject of a person that violates Subsection 
(2)
, 
and the individual's genetic information was used in the violation, that individual is 
entitled to recover statutory damages of not less than $1,000 for each unique use of 
the individual's genomic information in violation of Subsection 
(2)
.
(d)
If an individual is a patient or research subject of a person that violates Subsection 
(3)
, 
and the individual's genetic information was used in the violation, that individual is 
entitled to recover statutory damages of not less than $1,000 for each unique use of 
the individual's genomic information in violation of Subsection 
(3)
.
(6)
The attorney general may investigate alleged violations of this section and institute 
appropriate actions regarding those suspected violations.
(7)
If any provision of this section, or the application of any provision to any person or 
circumstance, is held to be invalid, that holding does not affect the remainder of this 
section or the application of this section's provisions to any other person or circumstance.
Section 2. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
2-24-25 2:04 PM