S.B. 158

1

FLUORINE ADDED TO WATER - EXPANSION
2 TO SECOND CLASS COUNTIES
3 2000 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: D. Edgar Allen
6 AN ACT RELATING TO ENVIRONMENTAL QUALITY; AUTHORIZING
7 COMMISSIONERS OF SECOND CLASS COUNTIES TO PASS A RESOLUTION TO PLACE
8 THE ISSUE OF ADDING FLUORINE TO DRINKING WATER ON A GENERAL ELECTION
9 BALLOT; PROVIDING FOR EXEMPTIONS; AND MAKING TECHNICAL CHANGES.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 19-4-111, as last amended by Chapter 301, Laws of Utah 1998
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 19-4-111 is amended to read:
15 19-4-111. Fluorine added to water -- Election required.
16 (1) Notwithstanding any other provision of law, public water supplies, whether state,
17 county, municipal, or district, shall not have fluorine or any of its derivatives or compounds added
18 to them without the approval of a majority of voters in an election in the area affected. An election
19 shall be held upon the:
20 (a) filing of an initiative petition requesting the action in accordance with state law
21 governing initiative petitions;
22 (b) in the case of a municipal, special district, or county water system, passage of a
23 resolution by the legislative body or special district board representing the affected voters,
24 submitting the question to the affected voters at the next regular general election or municipal
25 general election; or
26 (c) in a county of the first or second class, passage of a resolution by [a] the county
27 commission to place an opinion question relating to all public water systems within the county,

28 except as provided in Subsection (2), on the ballot at the next general election.
29 (2) If a majority of voters on an opinion question under Subsection (1)(c) approve the
30 addition of fluorine to the public water supplies within the county, the local health departments
31 shall require the addition of fluorine to [the] all public water supplies within that county other than
32 those systems:
33 S [ [ ] (a) that are functionally separate from any other public water systems in that county;
33a h AND h
34 h [(b) that serve less than 5,000 users;
35 (c)] (b) h [ ] (a) ] s where a majority of the voters S [ IN A MUNICIPALITY ] s served by the
35a1 public water
35a system voted against the
36 addition of fluorine on the opinion question under Subsection (1)(c) h [ ; S [ [ ] [ and OR ]
37 [ [ ] (d) [ ] (b) ] ] s where the addition of fluorine to the public water system would not be
37a economically
38 feasible, as determined by the local health department ] h .
39 (3) Nothing contained in this section prohibits the addition of chlorine or other water
40 purifying agents.
41 (4) Any political subdivision which, prior to November 2, 1976, decided to and was adding
42 fluorine or any of its derivatives or compounds to the drinking water is considered to have
43 complied with Subsection (1).




Legislative Review Note
as of 1-26-00 9:48 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel