AB 88

This bill requires individuals to wear face coverings in certain situations from

the day this bill is enacted until the conclusion of a national emergency declared by

the President of the United States in response to the 2019 novel coronavirus. Under

the bill, “face covering” is defined as a piece of cloth or other material that is worn

to cover the nose and mouth completely, including a bandana, a cloth face mask, a

disposable or paper mask, or a religious face covering. Under the bill, “face covering”

does not include face shields, mesh masks, masks with holes or openings, or masks

with vents.

During the effective period of the bill, an individual who is at least five years

of age must wear a face covering if all of the following apply:

1. The individual is indoors, other than at a private residence, or in an enclosed

space, as defined in the bill.

2. Another individual who is not a member of the individual's household or

living unit is present in the same room or enclosed space.

The bill includes a number of exceptions. Specifically, an individual who is

otherwise required to wear a face covering under the bill may remove the face

covering in the following situations:

1. While eating, drinking, or sleeping.

2. When communicating with an individual who is deaf or hard of hearing and

communication cannot be achieved through other means.

3. While obtaining a service that requires the temporary removal of the face

covering.

4. While swimming or on duty as a lifeguard.

5. While speaking in a public forum and the individual speaking is at least six

feet away from all other persons at all times.

6. When engaging in work where wearing a face covering would create a risk

to the individual, as determined by government safety guidelines.

7. When necessary to confirm the individual's identity, including when entering

a financial institution.

8. When federal or state law or regulations prohibit wearing a face covering.

9. When the individual cannot wear a face covering due to a medical condition,

intellectual or developmental disability, mental health condition, or a sensory

sensitivity.

10. When incarcerated.

Additionally, the legislature and the courts are also exempt from the

requirements of the bill.

Under the bill, a person who intentionally violates the bill's face covering

requirement may be subject to a forfeiture of up to $200.