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S.B. 158 Enrolled
AN ACT RELATING TO ENVIRONMENTAL QUALITY; AUTHORIZING
COMMISSIONERS OF SECOND CLASS COUNTIES TO PASS A RESOLUTION TO PLACE
THE ISSUE OF ADDING FLUORINE TO DRINKING WATER ON A GENERAL ELECTION
BALLOT; PROVIDING FOR EXEMPTIONS; AND MAKING TECHNICAL CHANGES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
19-4-111, as last amended by Chapter 301, Laws of Utah 1998
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 19-4-111 is amended to read:
19-4-111. Fluorine added to water -- Election required.
(1) Notwithstanding any other provision of law, public water supplies, whether state,
county, municipal, or district, shall not have fluorine or any of its derivatives or compounds added
to them without the approval of a majority of voters in an election in the area affected. An election
shall be held upon the:
(a) filing of an initiative petition requesting the action in accordance with state law
governing initiative petitions;
(b) in the case of a municipal, special district, or county water system, passage of a
resolution by the legislative body or special district board representing the affected voters,
submitting the question to the affected voters at the next regular general election or municipal
general election; or
(c) in a county of the first or second class, passage of a resolution by [
commission to place an opinion question relating to all public water systems within the county,
except as provided in Subsection (2), on the ballot at the next general election.
(2) If a majority of voters on an opinion question under Subsection (1)(c) approve the
addition of fluorine to the public water supplies within the county, the local health departments shall
require the addition of fluorine to [
systems:
(a) that are functionally separate from any other public water systems in that county; and
(b) where a majority of the voters served by the public water system voted against the
addition of fluorine on the opinion question under Subsection (1)(c).
(3) Nothing contained in this section prohibits the addition of chlorine or other water
purifying agents.
(4) Any political subdivision which, prior to November 2, 1976, decided to and was adding
fluorine or any of its derivatives or compounds to the drinking water is considered to have complied
with Subsection (1).
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