Panel backs HB2086 banning mask/vaccine mandates but flags federal supremacy issue

Vice Chair Carter moved the recommendation for House Bill 2086 and the committee approved the motion 5-3.

The Rules Attorney explained the bill "would prohibit any governmental entity, including the federal government, from requiring any Arizona resident from wearing a mask or a face covering" and would "preclude all governmental entities, including the federal government, from requiring any Arizona resident to receive a vaccination." The attorney warned that the bill's inclusion of the federal government in the definition of "governmental entity" likely conflicts with the Supremacy Clause and intergovernmental immunity doctrine because a state cannot regulate the federal government without congressional waiver.

The attorney said removing the federal government from the bill's definition would resolve the constitutional concern and that the sponsor plans an amendment to that effect. After brief questions, the committee recommended the bill to proceed.