New bill in Idaho Legislature seeks to prevent government mask mandates

BOISE (Idaho Capital Sun) – Nearly four years after the start of COVID-19 pandemic – but less than four months before this year’s Republican primary election – a Republican Idaho legislator is pushing a new bill designed to prevent governments from implementing mask mandates to slow the spread of contagious diseases.

The Idaho State Affairs Committee voted to introduce the new bill at the Idaho State Capitol in Boise on Monday.

If passed into law, the new bill would prevent governments in Idaho from implementing mask mandates to fight infectious diseases. The bill applies to the state governments, state government officials and any of the state’s political subdivisions. The definition of political subdivision in Idaho state law includes county and city governments, school districts, health districts and municipal corporations.

“The purpose of this legislation is to prevent the state of Idaho and its political subdivisions or any state officers from mandating the use of face masks, face shields or other face coverings to prevent or slow the spread of contagious or infectious disease,” the bill’s sponsor, Rep. Jacyn Gallagher, R-Weiser, told legislators Monday.

Idaho never had a statewide mask mandate during the COVID-19 pandemic, although some school districts, public health districts, cities and counties did.

Idaho’s new anti mask mandate bill includes tweaks, amendments

This is Gallagher’s second attempt at preventing government mask mandates this legislative session. The new bill introduced Monday is a revised version of House Bill 396. Gallagher told legislators she tweaked the new bill to now include exemptions for employees who work around hazardous materials. Committee members also amended the new bill Monday to add an exemption for employees who work around biohazards.

During Monday’s hearing, Gallagher basically explained why masks work and the benefits to wearing one in certain situations.

“So last time I went through this really fast and took into consideration some of the concerns. And I think that we have addressed those as far as in an occupation or a vocation where a mask is necessary, (and) we have now added that exemption to this bill,” Gallagher told legislators Monday. “So, if, say you have a painter, their job is painting and not breathing in those fumes. So it is OK for an employer to. … If they’re an employee of state government and their job is to paint walls, then the employer can mandate that they need to wear a mask for their safety, so they are not breathing in fumes.”

The bill does not define contagious diseases as hazards. In fact, the bill specifically says the government in Idaho cannot mandate the use of masks for face coverings to slow the spread of contagious diseases.

Committee members voted to introduce the bill following a brief discussion Monday.

Monday’s hearing was only an introductory hearing, which does not include public testimony. Introducing the new bill clears that way for it to return to the House State Affairs Committee for a full public hearing.

The new bill will be posted online at the Idaho Legislature’s website and assigned a bill number once it is read across the desk on the floor of the Idaho House of Representatives.

In 2022, the Idaho House voted 46-24 to pass House Bill 631, a similar bill prohibiting mask mandates. That bill never advanced in the Idaho Senate and died when the 2022 legislative session adjourned.