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House State Affairs advances HB 32 to bar government mask mandates; cities, health groups clash in testimony

2377830 · January 27, 2025
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Summary

The House State Affairs Committee voted 13–2 to send House Bill 32 to the full House, advancing a proposal that would prohibit government officials from imposing mask mandates while preserving narrow vocational and medical exemptions.

The House State Affairs Committee voted to send House Bill 32 to the full House with a due-pass recommendation after more than an hour of debate and nearly two dozen public witnesses both for and against the measure.

The committee approved the motion to send HB 32 to the floor on a roll-call vote, 13–2. Representative Zachary Scott moved the motion; the roll call recorded multiple 'yes' votes and two 'no' votes (Representatives Achilles and Daugherty). The motion passed and the committee adjourned.

Sponsor's description and exemptions Representative Rob Bieswanger, District 8, told the committee "House Bill 32 prohibits any government official from requiring people to wear a mask for the purpose of preventing virus transmission." He said the bill includes narrow exemptions for workers who must wear masks for job safety or vocational reasons, such as surgeons and welders, and that the legislation "does not cost the taxpayers a single penny." He told the panel that the bill is intended to prevent fines and jail time that were imposed during prior mask enforcement efforts and to return decisionmaking to individuals: "they can advise us ... really I'm just kind of asking they treat us like adults that we can decide what we want to do with the informations out there."

Opposition from local-government and public-health representatives Kelly Packer, executive director of the Association of Idaho Cities, testified in opposition. "We stand here in opposition of House Bill 32," she said, arguing the bill would block elected officials from making locally informed decisions in future public-health emergencies. Packer said local officials faced uncertain, changing guidance in 2020–21 and that the association would be more supportive of narrower measures limiting excessive fines or penalties than of a broad prohibition on local direction.

Multiple witnesses described personal harms and differing views on mask effectiveness. Heather Stout, who said a family member developed long COVID, urged the committee to "vote no on HB 32" and said the family depended on public-health tools including masking. Several witnesses appearing for the bill invoked scientific and historical critiques of masks; Leslie Manoukian of the Health Freedom Defense Fund cited legal work challenging the federal travel-mask mandate and argued randomized controlled trials did not support community masking.

Committee concerns and clarifications sought Committee members asked a range of technical and jurisdictional questions. Representative Mickelson asked how the bill addresses inspectors who enter food processing facilities; Bieswanger pointed to the bill's exemption language, saying required vocational or safety masks are preserved. Representative Barbieri pressed whether a statute such as this would change local liability or leave city officials without recourse; Kelly Packer said her membership had discussed that possibility and that a narrower statute restricting excessive fines might be more acceptable to some cities.

Public testimony highlights - Fred Birnbaum of the Idaho Freedom Foundation supported the bill and emphasized its political and civil-liberties rationale. - Dr. Brandon Couchman, a licensed chiropractor and paramedic/firefighter background, testified that improper mask fit and use can cause harm and argued for individual choice. - Thad Butterworth, a small-business owner, described OSHA fit-test requirements and said some small businesses struggled to comply with mask procedures; he supported limiting mandates to job-specific requirements. - David Pettinger and other witnesses offered pro-bill testimony focused on perceived overreach and past enforcement. - Opponents included Kelly Packer (Association of Idaho Cities) and multiple public-health or medically vulnerable witnesses who said local authority to act in emergencies should be preserved.

Committee action and vote Representative Zachary Scott moved that HB 32 be sent to the House floor with a due-pass recommendation. The committee took a roll-call vote; the clerk recorded a 13–2 result with Representatives Achilles and Daugherty voting no. The committee chair announced the motion passed.

What happens next With a committee due-pass recommendation, HB 32 proceeds to the House floor for further consideration. If it passes the House it would move to the Senate; the sponsor and several witnesses noted similar measures have stalled in the Senate in prior sessions.