Bill prohibiting government and school mask mandates advances to Idaho Senate

(Idaho Statesman) — The Idaho Senate could soon vote on a bill that would prohibit local governments, health districts and school districts from mandating that an individual must wear a mask of face covering to prevent the spread of an infectious disease.

During a hearing Wednesday at the Idaho State Capitol in Boise, the Idaho Senate State Affairs Committee voted to advance House Bill 32

to the Senate with a recommendation it passes. The Idaho House of Representatives voted 52-16 to pass the bill on Jan. 29.

Sponsored by Sen. Brian Lenney, R-Nampa, and Rep. Robert Beiswenger, R-Horseshoe Bend, House Bill 32 states “Neither the state nor a political subdivision may mandate that an individual in this state must use a medical face mask, face shield, or other face covering for the purpose of preventing or slowing the spread of a contagious or infectious disease.”

There are exceptions in the bill for hospitals and health care settings, as well as for professional settings where a protective face shield is required – like for welding.

The bill would not prohibit anyone from wearing a mask by choice, but cities, counties, school districts, health districts and government officials could not require face masks be used.

“Now is the crucial moment to shield Idahoans from that kind of government overreach and medical tyranny that marked the COVID crisis,” Lenney said during the bill’s public hearing Wednesday. “I submit to you that mandatory masking isn’t just unscientific, it’s a direct assault on our fundamental rights to bodily integrity and autonomy enshrined in the 14th Amendment of the U.S. Constitution.”

Idaho never had a statewide mask mandate during the COVID-19 pandemic, and it has been years since any local government, school district or public health district has had a mask mandate or recommended the public wear masks.

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Most people who testified during the public hearing supported the bill.

“I will not hide the image of God nor hinder the breath of life, which is my very connection to my creator,” said Misty Gardner, who represents Health Freedom Idaho, a group that opposed vaccinations and COVID-19 restrictions.

Garden City Mayor John Evans, who said he opposed COVID-19 mask mandates and stay-home orders, spoke in opposition to the bill Wednesday. Evans said the bill is so absolute it makes him nervous. Evans told legislators the bill would tie the hands of local government officials by banning mask mandates to fight infectious disease, no matter the circumstances or medical advancements available in the future. 

“So we’re saying, under no circumstances, could there be something developed that would require us to have a respirator or a mask mandate, and the Legislature is going to say, ‘No, that’s not possible.’ And that concerns me,” Evans said. 

Sen. James Ruchti, D-Pocatello, and Senate State Affairs Committee Chairman Jim Guthrie, R-McCammon, cast the only two votes against the bill Wednesday.

“This isn’t about whether masks work or whether they don’t; it’s about usurping local control, and it’s about even borderline disrespect of local control,” Guthrie said.

House Bill 32 heads next to the Idaho Senate with a recommendation to pass it.

If a majority of members of the Idaho Senate vote to pass House Bill 32, it would be sent to Gov. Brad Little’s desk for final consideration. 

If House Bill 32 reaches his desk, Little will have three options – he could sign the bill into law, he could allow it to become law without his signature, or he could veto it. If Little vetoes the bill, the Idaho House and Idaho Senate could override the veto with a two-thirds majority vote.

Idaho Capital Sun is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Idaho Capital Sun maintains editorial independence. Contact Editor Christina Lords for questions: info@idahocapitalsun.com.

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