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Bill

H 32

MASK MANDATES – Adds to existing law to establish provisions regarding the prohibition of mask mandates.

68th Legislature, 1st Regular Session (2025)

Prohibits state and local government mask mandates, requires nonbinding recommendations remain voluntary, and preserves limited exemptions for essential safety roles and certain fa

Reported Signed by Governor on March 4, 2025 Session Law Chapter 11 Effective: 03/04/2025
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Bill Summary · H 32

Summary of Idaho House Bill 32 (H 32) – Mask Mandates Prohibited

Overview

H 32 amends Idaho Code to prohibit mask mandates by the state or political subdivisions, with limited exemptions. It defines terms, clarifies when recommendations may be made (without mandating), and provides specific carve-outs for certain settings. The bill includes an emergency clause and becomes effective on passage and approval.

  • Bill: House Bill No. 32
  • Title: MASK MANDATES – Adds to existing law to establish provisions regarding the prohibition of mask mandates
  • Status: Signed by Governor and enacted as Session Law Chapter 11; Effective March 4, 2025
  • Introduced: January 21, 2025
  • Subject areas: Cities, Counties, Education, Emergencies, Government, Governor, Health, Medical
  • Fiscal note: No additional funding or resources required

What the bill does

  • Prohibits mandates requiring the use of medical face masks, face shields, or other face coverings to prevent or slow the spread of contagious or infectious diseases by:
    • The state
    • Political subdivisions (as defined)
    • Officials acting on behalf of the state or a political subdivision
  • Prohibits requiring masks as a condition for entry, education, employment, or access to services.
  • Requires that any recommendation to wear a mask, if given, accompany a clear notice that the recommendation is not mandatory.
  • Declares an emergency, making the act effective upon passage and approval.

Key provisions and definitions

  • Section 67-2362 (new): Mask Mandates Prohibited
    • (1)(a)–(d): Government entities and officials may not mandate mask use; entry/education/employment/services cannot be conditioned on mask use; recommendations must be non-mandatory.
    • (2): Definitions
    • (a) “Official” = officer or employee of the state or a political subdivision
    • (b) “Political subdivision” = counties, cities, health districts, school districts, special districts, or other municipalities; excludes hospitals and health care facilities
    • (c) “State” = Idaho and its agencies, boards, commissions, departments, divisions, or state institutions of higher education; excludes hospitals and health care facilities
    • (3): Vocational exemption for masks
    • Allows masks to be required in settings where wearing a mask is an integral and mandatory safety component of job duties (e.g., healthcare, hazardous materials, certain industrial environments)
    • (4): Behavioral risk in confinement facilities
    • Allows masking as needed to address behavioral risk in facilities such as hospitals or correctional facilities; not restricted by this section

Exemptions and notable contrasts

  • Hospitals and health care facilities are explicitly excluded from the definitions of “state” and “political subdivision,” meaning they are not bound by the mandate prohibition.
  • Vocational settings where masking is an essential safety requirement remain permissible.
  • Masking may be used in facilities where masking is needed to address behavioral risks (e.g., certain hospitals, mental health facilities, correctional facilities).

Fiscal impact

  • The fiscal note states no additional funding or resources are required; implementing or enforcing the bill does not create new costs or budget needs.

Who is affected

  • State agencies and political subdivisions (counties, cities, public health districts, school districts, special districts, etc.)
  • State and local officials acting on behalf of the state or subdivisions
  • Individuals seeking entry to, or services from, state or local entities
  • Hospitals and health care facilities are not bound by the mandate prohibition, per the statute’s definitions

Timeline and procedural notes

  • Introduced: January 21, 2025
  • Passed legislative chambers with notable votes in January–February 2025
  • Delivered to Governor: February 27–28, 2025
  • Signed: March 4, 2025
  • Effective date: March 4, 2025 (emergency clause)

This bill establishes a clear prohibition on formal mask mandates by state and local government entities while preserving limited, specific exemptions for essential safety roles and certain containment facilities.

Compiled from official sources — confirm details with the bill’s official record.

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