FOR AN ACT ENTITLED, An Act to  prohibit employers from obtaining, seeking, or using genetic information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That chapter 60-2 be amended by adding thereto a NEW SECTION to read as follows:

     It is an unlawful employment practice for an employer to seek to obtain, to obtain, or to use genetic information, as defined in section 2 of this Act, of an employee or a prospective employee to distinguish between or discriminate against employees or prospective employees or restrict any right or benefit otherwise due or available to an employee or a prospective employee. However, it is not an unlawful employment practice for an employer to seek to obtain, to obtain, or to use genetic information if the employer is a law enforcement agency conducting a criminal investigation. Any employee or prospective employee claiming to be aggrieved by this unlawful employment practice may bring a civil suit for damages in circuit court. The court may award reasonable attorney fees and costs in addition to any judgment awarded to the employee or prospective employee.

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     Section  2.  That chapter 60-2 be amended by adding thereto a NEW SECTION to read as follows:

     For the purposes of this Act, genetic information is the information about an individual or family obtained from a genetic test or an individual's deoxyribonucleic acid (DNA) sample.