Ban on forced employee microchip implants initially passed by Senate

Jan. 24—CHEYENNE — A bill that bans employers from requiring employees to have microchips implanted into their bodies passed the Wyoming Senate on first reading Tuesday.

Senate File 72 was brought by Sen. Dan Laursen, R-Powell, and received a unanimous recommendation out of the House Labor, Health and Social Services Committee before it came to the Senate floor. It was carried forward Tuesday by a majority vote in the Senate Committee of the Whole, with brief debate preceding the vote.

Laursen said 12 other states have passed similar legislation, some of which prohibit employers or the government from requiring a microchip implant. He said he wasn't aware of any businesses nationwide that are requiring microchipping, but he hasn't heard of any opposition from businesses.

"Usually, it's put between the finger and the thumb," he said on the floor. "There are two types of chips that are put in there. There can be an active one that would actually have a battery in it and can transmit data, and then there's a passive that will store the data and then it has to be put close to a scanner to see what data is in there."

Other provisions in the bill set boundaries for employers trying to ask, coerce or withhold salary in order to implant a microchip, and provide guidelines if an employee consents to having a microchip implanted. This includes removing the microchip not later than 30 days after the request, paying all costs associated with implanting and maintaining the chip, and paying all medical costs if there is bodily injury.

The final section of the bill also states that, "Nothing in this section shall be construed to prohibit an employer from using alternative, non-invasive technology to track the movement of the employer's employees." Laursen gave examples of nurses or medical professionals having location trackers in hospitals in order to contact them or provide emergency assistance.

Although the bill was passed on initial consideration, there were still questions from lawmakers and references to "Orwellian" language.

"It almost seems like the bill is more a bill to allow for implantation under certain conditions than it is to ban it, because I've never heard of actually anyone being implanted," said Sen. Chris Rothfuss, D-Laramie. "So, I'm almost a little worried that if we pass this bill, someone's going to come coerce me."

Sen. Charles Scott, R-Casper, asked if he was missing a trending problem in the state that needed a solution-seeking bill. He said he had heard of cattle being microchipped, but never humans. He also was worried the final section of the bill would allow employers to track employees' vehicles legally.

Other legislators, such as Sen. Bo Biteman, R-Ranchester, were in support of the bill and said it was getting ahead of an issue.

He said the Legislature has a track record of waiting too long and often kills preemptive legislation, only to panic later. He encouraged senators to support the bill and bring forward amendments to make the bill better.

"As one of the people that tends to look farther out in the horizon than most and see things coming four or five years from now, if I were to mention ESG, and economic warfare, everybody in this room would say, why would we need a bill on something like that is never going to happen," Biteman said. "And here we are."

Jasmine Hall is the Wyoming Tribune Eagle's state government reporter. She can be reached by email at jhall@wyomingnews.com or by phone at 307-633-3167. Follow her on Twitter @jasminerhphotos and on Instagram @jhrose25.