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145A.03 ESTABLISHMENT AND ORGANIZATION.
    Subdivision 1. Establishment; assignment of responsibilities. (a) The governing body of
a city or county must undertake the responsibilities of a board of health or establish a board of
health and assign to it the powers and duties of a board of health.
(b) A city council may ask a county or joint powers board of health to undertake the
responsibilities of a board of health for the city's jurisdiction.
(c) A county board or city council within the jurisdiction of a community health board
operating under sections 145A.09 to 145A.131 is preempted from forming a board of health
except as specified in section 145A.10, subdivision 2.
    Subd. 2. Joint powers board of health. Except as preempted under section 145A.10,
subdivision 2
, a county may establish a joint board of health by agreement with one or more
contiguous counties, or a city may establish a joint board of health with one or more contiguous
cities in the same county, or a city may establish a joint board of health with the county or counties
within which it is located. The agreements must be established according to section 471.59.
    Subd. 3. Withdrawal from joint powers board of health. A county or city may withdraw
from a joint powers board of health by resolution of its governing body not less than one year
after the effective date of the initial joint powers agreement. The withdrawing county or city
must notify the commissioner and the other parties to the agreement at least one year before the
beginning of the calendar year in which withdrawal takes effect.
    Subd. 4. Membership; duties of chair. A board of health must have at least five members,
one of whom must be elected by the members as chair and one as vice-chair. The chair, or in
the chair's absence, the vice-chair, must preside at meetings of the board of health and sign
or authorize an agent to sign contracts and other documents requiring signature on behalf of
the board of health.
    Subd. 5. Meetings. A board of health must hold meetings at least twice a year and as
determined by its rules of procedure. The board must adopt written procedures for transacting
business and must keep a public record of its transactions, findings, and determinations. Members
may receive a per diem plus travel and other eligible expenses while engaged in official duties.
    Subd. 6. Duplicate licensing. A local board of health must work with the commissioner of
agriculture to eliminate duplicate licensing and inspection of grocery and convenience stores by
no later than March 1, 1992.
History: 1987 c 309 s 3; 1991 c 52 s 3; 1Sp2003 c 14 art 8 s 31

Official Publication of the State of Minnesota
Revisor of Statutes