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Senate State Affairs sends bill to bar state and local mask mandates to Senate floor
Summary
The Senate State Affairs Committee voted to send House Bill 32 to the Senate floor with a recommendation of "do pass." The bill would prohibit state agencies and political subdivisions from imposing mandatory mask orders, while carving out narrow exemptions for vocational settings where masks are an integral safety requirement.
The Senate State Affairs Committee voted to send House Bill 32 to the Senate floor with a recommendation that it "do pass," after extended testimony and debate over local authority and public-health policy.
Proponents, led by Sen. Brian Lenny, said the bill draws a line between advisory guidance and compulsory mask mandates and protects personal choice. "This does not prevent anyone who wants to wear a mask from wearing a mask," Lenny said. "Anyone can wear a mask 365 days a year." The measure includes exemptions for vocational settings where use of a protective face mask is a mandatory component of job duties, which Lenny and others said would permit masks in surgical and hazardous-material contexts.
Opponents, including the Association of Idaho Cities, and some county and city officials, urged preservation of local authority to respond to emergencies and to tailor reviews to local conditions. Kelly Packer, executive director of the Association of Idaho Cities, said the bill "has everything to do with local authority to be able to manage in all circumstances and especially emergency circumstances." Several senators echoed concerns about ambiguity in the bill's definitions of "health care facility" and how public health districts would be treated.
The committee heard several hours of public testimony from residents and organized groups. Supporters included Leslie Manoukian of Ketchum, who testified that she believes mask mandates were unsupported by science, and Thad Butterworth, chairman of the Ada County Republican Party. Opponents included Garden City Mayor John Evans, who said absolute statewide prohibitions worry him because future threats or new protective technologies might warrant local action.
During debate, senators raised two recurring issues: whether the bill would unduly restrict local governments that might need to act in an emergency and whether the bill's exemptions for vocational settings and health care are sufficiently clear. Sen. Toews, who moved the motion to send the bill to the floor, said the bill was needed to prevent future government overreach, particularly with regard to children in schools. Sen. Ratty and others said they would vote against the motion to protect local authority.
Despite the objections, the motion to send House Bill 32 to the Senate floor with a due-pass recommendation carried. The committee recorded that Senators Recti and Guthrie would be recorded as voting no. The bill will now go to the full Senate for further consideration.
Votes at a glance
- Motion: Send House Bill 32 to the floor with a recommendation that it do pass. Mover: Senator Toews. Second: Senator Dan Hartog. Outcome: Approved (motion carries). Noted recorded no votes: Senator Recti, Senator Guthrie.
Context: House Bill 32 applies to recommendations and required orders issued by state agencies and political subdivisions. The bill explicitly states it does not prevent private entities or individuals from wearing masks, and it exempts vocational roles that require masks as part of job safety.
What's next: The bill will be scheduled for floor debate and a vote by the full Idaho Senate.
