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23LSO-0386
2023
STATE OF WYOMING
23LSO-0386
ENGROSSED
3.0
SENATE FILE NO. SF0072
Employees-forced microchip implantation prohibited.
Sponsored by: Senator(s) Laursen, D, Biteman, Brennan, French, McKeown and Steinmetz and Representative(s) Allred, Haroldson, Heiner, Knapp, Locke, Rodriguez-Williams, Singh and Strock
A BILL
for
AN ACT relating to labor and employment; prohibiting employers from requiring employees to have microchips implanted in the employees' bodies; specifying requirements for employers for employees' voluntary microchip implants; providing definitions; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
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W.S. 27
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1
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117 is created to read:
27
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1
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117.
Employee microchip implantation; involuntary implants prohibited; requirements for voluntary implants.
(a)
As used in this section:
(i)
"Employee" means a person permitted to work for an employer in employment and includes an independent contractor;
(ii)
"Employer" means any person or organization, including the state and all its political subdivisions, which has in its employ one (1) or more persons performing services for it in employment;
(iii)
"Microchip" means technology that:
(A)
Is designed to be implanted in the body of a person; and
(B)
Contains a unique identification number, permanent identification marker or personal information that can be noninvasively retrieved or transmitted with an external scanning device.
(b)
No employer shall:
(i)
Ask on an application for employment or inquire during an interview whether a prospective employee will consent to having a microchip implanted in his body;
(ii)
Require an employee to have or consent to having a microchip implanted in the employee's body as a condition of employment;
(iii)
Coerce an employee into consenting to have a microchip implanted in his body;
(iv)
Take an adverse employment action against an employee who does not consent to having a microchip implanted in his body;
(v)
Withhold advancement from an employee within the employer's business when the employee does not consent to having a microchip implanted in his body;
(vi)
Withhold a salary or wage increase from an employee who does not consent to having a microchip implanted in his body;
(vii)
Dismiss or otherwise discipline an employee based on the employee not consenting to having a microchip implanted in his body.
(c)
An employer shall provide work alternatives to an employee who does not consent to having a microchip implanted in his body.
(d)
A microchip may be implanted in an employee's body for purposes of the employee's employment, provided that:
(i)
The employee provides the employer with written consent for the implantation;
(ii)
An employee may have the microchip removed at any time;
(iii)
If the employee requests the employer to remove the microchip, the employer shall remove or cause to have removed the microchip not later than thirty (30) days after the employee's request.
(e)
After an employee voluntarily consents to implantation of a microchip after the employer's request, the employer shall:
(i)
Pay all costs associated with implanting, maintaining and removing the microchip;
(ii)
Pay all medical costs that the employee incurs as a result of any bodily injury to the employee caused by the implantation of the microchip or by the microchip's presence in the body;
(iii)
Disclose to the employee:
(A)
The data that will be maintained on or in the microchip;
(B)
How the data that is maintained on the microchip will be used by the employer.
(iv)
Within thirty (30) days of the employee's termination or separation from employment with the employer, remove the microchip or have the microchip removed at the employer's expense, subject to subsection (f) of this section.
(f)
An employee who is terminated or separates from the employer may elect to retain an implanted microchip after termination or separation, provided that the employee assumes responsibility for all costs associated with the microchip. An employer shall not be required to comply with subsection (e) of this section for each employee who elects to retain an implanted microchip under this subsection.
(g)
Nothing in this section shall be construed to prohibit an employer from using alternative, non
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invasive technology for the reasonable operations of the employer.
Section 2
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This act is effective July 1, 2023
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(END)
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SF0072