LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6244 NOTE PREPARED: Nov 15, 2024
BILL NUMBER: SB 33 BILL AMENDED:
SUBJECT: Consumer Genetic Testing Providers.
FIRST AUTHOR: Sen. Hunley BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill provides that a person may not discriminate against an individual on the
basis of the individual's solicitation and use of consumer genetic testing services or on the basis of the results
of genetic testing performed by a provider of consumer genetic testing services (provider).
The bill requires a provider to disclose specified information to an individual who submits biological material
to the provider for genetic testing. It prohibits a provider that performs, or causes to be performed, genetic
testing on an individual's biological material from:
(1) taking specified actions with regard to:
(A) the biological material; or
(B) data resulting from genetic testing performed on the biological material;
unless the provider has solicited and received the individual's consent to the action; or
(2) providing data, other than deidentified data, resulting from genetic testing performed on the
individual's biological material to:
(A) an insurer;
(B) a business that provides information or data to insurers for the purposes of underwriting
or rating of risks; or
(C) the individual's employer.
The bill imposes requirements on a provider with respect to: (1) controlling access to an individual's
biological material and data; (2) complying with the individual's revocation of consent with regard to the
individual's biological material and data; and (3) marketing or advertising sent to the individual as a result
of the individual's solicitation and use of the provider's genetic testing services or use of a website or other
remote or virtual service associated with the provider's genetic testing services.
The bill provides that a provider may not charge a fee for the provision of biological material or data
resulting from genetic testing performed on biological material: (1) to a law enforcement agency on the basis
of a search warrant; or (2) as required by a court order; that is more than the provider's actual cost of
providing the material or data.
SB 33 1 The bill also provides for enforcement of the bill's provisions by the Attorney General.
Effective Date: July 1, 2025.
Explanation of State Expenditures: Attorney General (AG): To the extent the AG enforces provisions of
this bill, agency workload would increase to investigate and potentially prosecute allegations. Increases in
AG workload are expected to be accomplished within existing resource and funding levels.
Explanation of State Revenues: Civil Penalties: Violations of the bill’s provisions by consumer genetic
testing providers carry a maximum $7,500 civil penalty, which is deposited in the General Fund. Actual
increases in revenue are unknown but expected to be small.
Court Fee Revenue: If additional civil cases occur and court fees are collected, revenue to the state General
Fund will increase. The total revenue per case would range between $100 and $122. The amount deposited
will vary depending on whether the case is filed in a court of record or a municipal court. The following
linked document describes the fees and distribution of the revenue: Court fees imposed in civil, probate, and
small claims cases.
Explanation of Local Expenditures:
Explanation of Local Revenues: Court Fee Revenue: If additional cases occur, revenue will be collected
by certain local units. If the case is filed in a court of record, the county will receive $32 and qualifying
municipalities will receive a share of $3. If the case is filed in a municipal court, the county receives $20,
and the municipality will receive $37. The following linked document describes the fees and distribution of
the revenue: Court fees imposed in civil, probate, and small claims cases.
State Agencies Affected: Office of the Attorney General.
Local Agencies Affected: Trial courts, city and town courts.
Information Sources: Indiana Supreme Court, Indiana Trial Court Fee Manual.
Fiscal Analyst: Nate Bodnar, 317-234-9476.
SB 33 2