H.F. 2064 Section 1. Section 137.104, subsection 1, paragraph b, 1 subparagraph (2), Code 2022, is amended to read as follows: 2 (2) Rules of a county board shall become effective upon 3 approval by the county board of supervisors by a motion or 4 resolution as defined in section 331.101, subsection 13 , and 5 publication in a newspaper having general circulation in the 6 county. The county board of supervisors shall approve a rule 7 proposed by the county board of health unless the proposed rule 8 is found illegal, as affirmed by the county attorney, or the 9 county board of supervisors can demonstrate with clear and 10 convincing evidence that the proposed rule is unreasonable or 11 unnecessary. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill relates to the approval of rules proposed by a 16 county board of health. Current law requires a county board 17 of supervisors to follow certain procedures when approving the 18 proposed rules of a county board of health. The bill requires 19 a county board of supervisors to approve a proposed rule unless 20 the proposed rule is found illegal, as affirmed by the county 21 attorney, or the county board of supervisors can demonstrate 22 with clear and convincing evidence that the proposed rule is 23 unreasonable or unnecessary. 24 -1- LSB 5209YH (2) 89 js/ns 1/ 1