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S.B. 158 Enrolled

                 

FLUORINE ADDED TO WATER - EXPANSION

                 
TO SECOND CLASS COUNTIES

                 
2000 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: D. Edgar Allen

                  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 [a] the county
                  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 [the] all public water supplies within that county other than those
                  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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