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Legislation in the United States
Currently 13 U.S. states have passed statutes banning mandatory human microchips: Arkansas, California, Missouri, Montana, Nevada, New Hampshire, North Dakota, Oklahoma, Utah, Wisconsin, Indiana, Alabama, and most recently Mississippi. The Wyoming State House also considered a preemptive ban in 2023, but the bill was ultimately defeated for not clearly adhering to federal regulations on animal microchipping. As reported by Cowboy State Daily, Representative Cyrus Western (R-Sheridan) explained: “Right now, we have no way of knowing whether we are in compliance or out of compliance with any of the federal regs that do monitor this technology.” Lawmakers also expressed concern about the need for this legislation, which, as mentioned above, has not yet been forced on workers in Wyoming or anywhere else in the United States.
In contrast to other states, Nevada’s law (AB266) is arguably the most restrictive on microchip implants and permanent identification markers because it prohibits people from voluntarily electing to receive these markers in Nevada, in addition to protecting any person from being required to receive them. This dual protection is unique to that state. While not a total ban, the legislation “prohibits an officer or employee of this State or any political subdivision thereof or any other person from: (1) requiring another person to undergo the implantation of a microchip or other permanent identification marker of any kind or nature; (2) establishing a program that authorizes a person to voluntarily elect to undergo the implantation of such a microchip or permanent identification marker; or (3) participating in a program established by another person, if the program authorizes a person to voluntarily elect to undergo the implantation of such a microchip or permanent identification marker.”
In the past few years, a few other states have passed legislation on this issue. For example, in 2023, Alabama lawmakers enacted legislation to prohibit employers from mandating microchip implants. Under this law, a microchip is defined as “a device subcutaneously implanted in an individual that is passively or actively capable of transmitting personal information to another device using radio frequency identification.” Employers are required to ensure that their business practices and labor force policies comply with this preemptive ban. Of the 13 U.S. states that have enacted legislation to pre-emptively ban this technology, Alabama’s law carries one of the strongest penalties—if the law were violated, it would constitute a Class D felony.
Most recently in February 2024, Mississippi State Senator Kevin Blackwell (R) proposed Senate Bill 2088 to protect employees from forced human microchip implants. The bill prohibited employers from coercing, or threatening, employees from being microchipped. The bill also required employers to cover the cost of removing the microchip.
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