HF 2064 (LSB 5209YH (2) 89)

HOUSE FILE 2064

BY  ISENHART

A BILL FOR

An Act relating to the approval by a county board of supervisors of rules proposed by a county board of health.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 137.104, subsection 1, paragraph b, subparagraph (2), Code 2022, is amended to read as follows:
   (2)  Rules of a county board shall become effective upon approval by the county board of supervisors by a motion or resolution as defined in section 331.101, subsection 13, and publication in a newspaper having general circulation in the county.  The county board of supervisors shall approve a rule proposed by the county board of health unless the proposed rule is found illegal, as affirmed by the county attorney, or the county board of supervisors can demonstrate with clear and convincing evidence that the proposed rule is unreasonable or unnecessary.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the approval of rules proposed by a county board of health. Current law requires a county board of supervisors to follow certain procedures when approving the proposed rules of a county board of health. The bill requires a county board of supervisors to approve a proposed rule unless the proposed rule is found illegal, as affirmed by the county attorney, or the county board of supervisors can demonstrate with clear and convincing evidence that the proposed rule is unreasonable or unnecessary.