H.B. 116

1

FLUORINE IN A PRIVATELY OWNED WATER
2 SYSTEM
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Sylvia S. Andersen
6 Senate Sponsor: Patricia W. Jones
7
8 LONG TITLE
9 General Description:
10 This bill modifies the provision related to fluorine in a water system.
11 Highlighted Provisions:
12 This bill:
13 . requires the majority of the voting shareholders of a privately owned public water
14 system to approve the addition or removal of fluorine.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 19-4-111, as last amended by Laws of Utah 2007, Chapter 329
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 19-4-111 is amended to read:
25 19-4-111. Fluorine added to or removed from water -- Election required.
26 (1) (a) Except as provided in Subsection (7) or Subsection 19-4-104 (1)(a)(i), public
27 water supplies, whether state, county, municipal, or district, may not have fluorine or any of its

28 derivatives or compounds added to or removed from them without the approval of a majority of
29 voters in an election in the area affected.
30 (b) An election shall be held:
31 (i) upon the filing of an initiative petition requesting the action in accordance with state
32 law governing initiative petitions;
33 (ii) in the case of a municipal, local district, special service district, or county water
34 system [which] that is functionally separate from any other water system, upon the passage of a
35 resolution by the legislative body or local district or special service district board representing
36 the affected voters, submitting the question to the affected voters at a municipal general
37 election; or
38 (iii) in a county of the first or second class, upon the passage of a resolution by the
39 county legislative body to place an opinion question relating to all public water systems within
40 the county, except as provided in Subsection (2), on the ballot at a general election.
41 (2) If a majority of voters on an opinion question under Subsection (1)(b)(iii) approve
42 the addition of fluorine to or the removal of fluorine from the public water supplies within the
43 county, the local health departments shall require the addition of fluorine to or the removal of
44 fluorine from all public water supplies within that county other than those systems:
45 (a) that are functionally separate from any other public water systems in that county;
46 and
47 (b) where a majority of the voters served by the public water system voted against the
48 addition or removal of fluorine on the opinion question under Subsection (1)(b)(iii).
49 (3) Nothing contained in this section prohibits the addition of chlorine or other water
50 purifying agents.
51 (4) Any political subdivision [which] that, prior to November 2, 1976, decided to and
52 was adding fluorine or any of its derivatives or compounds to the drinking water is considered
53 to have complied with Subsection (1).
54 (5) In an election held pursuant to Subsections (1)(b)(i), (ii), or (iii), where a majority
55 of the voters approve the addition to or removal of fluorine from the public water supplies, no
56 election to consider removing fluorine from or adding fluorine to the public water supplies
57 shall be held for a period of four years from the date of approval by the majority of voters
58 beginning with elections held in November 2000.

59 (6) For purposes of this section, "removal" means ceasing to add fluorine to a public
60 water supply, the addition having been previously approved by the voters of a political
61 subdivision.
62 (7) (a) A supplier of a public water system that is a corporation, as defined in Section
63 16-4-102 , may not add to or remove from the water supply of the public water system fluorine
64 or a derivative or compound of fluorine unless the majority of the votes cast by the
65 corporation's shareholders authorize the supplier to add or remove the fluorine or the derivative
66 or compound of fluorine.
67 (b) A vote of the corporation's shareholders required by Subsection (7)(a) does not
68 effect the fluoridation of another public water system, including a public water system that may
69 provide water to the corporation.




Legislative Review Note
as of 12-27-07 2:57 PM

Office of Legislative Research and General Counsel