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Idaho Legislature again introduces bill prohibiting mask mandates

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Idaho Legislature again introduces bill prohibiting mask mandates

By Clark Corbin
Idaho Legislature again introduces bill prohibiting mask mandates
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A protester's sign encouraging no COVID-19-related mandates rests against an end table in the Idaho House's lobby at the Statehouse in Boise, Idaho, on Nov. 15, 2021. (Otto Kitsinger for Idaho Capital Sun)

A new legislator dusted off an old play from the legislative playbook Tuesday by calling for the passage of a bill to prohibit government mask mandates. 

Even though the state of Idaho never had a mask mandate and local units of government haven’t issued a mask mandate or masking recommendations in years, rookie Rep. Robert Beiswenger, R-Horseshoe Bend, co-sponsored a bill seeking to prohibit the state, cities, counties, public health districts, school districts and state officers from mandating the use of masks, face shields or coverings to prevent the spread of contagious diseases.

“One thing we learned from the COVID was lots of government overreach and overreaction, so we’re trying to put some guardrails back in place,” he said. “This bill would simply prohibit any government official from imposing a mask mandate for the purpose of preventing the transmission of viruses, infectious disease and stuff like that.”

The bill does include an exemption for hospitals, health care workers and vocational sessions where wearing protective facemasks is mandatory, such as the welding industry.

“I would note, this bill does exempt health care workers,” Beiswenger said. “So if you’re a dentist or a surgeon and you don’t want your saliva going out on your patient, you could still be required to wear a mask mandate in that sense.”

Beiswenger teamed up with Sen. Brian Lenney, R-Nampa, to co-sponsor the bill, which is nearly identical to an unsuccessful bill from last year, House Bill 493.

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The Idaho House of Representatives voted 46-24 to pass last year’s bill, but the Idaho Senate never took it up.
Last year’s failed bill wasn’t the only attempt Republican officials have made to block mask mandates. In 2021, former Lt. Gov. Janice McGeachin issued an executive order banning the state, school districts and local governments from issuing mask mandates while McGeachin was serving acting governor while Gov. Brad Little was out of state. After he returned to the state, Little promptly rescinded McGeachin’s executive order. 

Introducing the new bill Tuesday clears the way for it to return to the House State Affairs Committee for a full public hearing at a later date. Beiswenger and Lenney’s bill will be assigned a bill number and publicly posted on the Idaho Legislature’s website after it is read across the desk on the floor of the Idaho House of Representatives, likely later Tuesday or on Wednesday.