A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 39-1-100 SO AS TO PROVIDE THAT A COMPANY OR INDIVIDUAL MAY NOT SELL AN INDIVIDUAL'S GENETIC MATERIAL, TO PROVIDE WRITTEN CONSENT MUST BE OBTAINED THROUGH AN INDEPENDENT DOCUMENT, AND TO PROVIDE FOR PRIVATE RIGHTS OF ACTION.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Chapter 1, Title 39 of the S.C. Code is amended by adding:

 

    Section 39-1-100.  (A)(1) A company or individual may not sell an individual's genetic material, regardless of how the genetic material was obtained, without prior written consent.

       (2) For the purposes of this section, "genetic material" means the hereditary substance that stores and transmits a person's genetic information, primarily in the form of DNA or, in some cases, RNA.

    (B) Written consent may be obtained only through an independent document. That independent document may address only the selling or sharing of genetic information and must provide the ability to opt-out of specific levels of sharing the genetic information. The independent document may not be included in a larger document and must be conspicuous.

    (C) A company has no legal rights to an individual's genetic information or material. Only the individual may own his genetic information.

    (D) A person or entity may bring a private right of action:

       (1) based on a violation of this section or any regulations prescribed pursuant to this section to enjoin such violation;

       (2) to recover for actual monetary loss from such a violation, or to receive five hundred dollars in damages for each violation, whichever is greater; or

       (3) for both actions described in subitems (a) and (b).

 

SECTION 2.  This act takes effect upon approval by the Governor.

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