Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 95th General Assembly A Bill
3 Regular Session, 2025 SENATE BILL 4
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5 By: Senators C. Penzo, B. King
6 By: Representatives Duffield, Pilkington
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8 For An Act To Be Entitled
9 AN ACT TO AMEND THE LAW CONCERNING PUBLIC WATER
10 SYSTEMS; TO ALLOW VOTERS TO ELECT "FOR" OR "AGAINST"
11 WATER FLUORIDATION; AND FOR OTHER PURPOSES.
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13
14 Subtitle
15 TO AMEND THE LAW CONCERNING PUBLIC WATER
16 SYSTEMS; AND TO ALLOW VOTERS TO ELECT
17 "FOR" OR "AGAINST" WATER FLUORIDATION.
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19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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21 SECTION 1. Arkansas Code Title 14, Chapter 116, Subchapter 1, is
22 amended to add an additional section to read as follows:
23 14-116-108. Election for fluoridation of water — Definition.
24 (a) Customers of a public water system shall have the option to hold
25 an election of the qualified electors of the public water system to determine
26 whether or not the public water system shall fluoridate the water.
27 (b)(1) An election under this section may be called by:
28 (A) Majority vote of the board of directors of the public
29 water system;
30 (B) A petition signed by no less than ten percent (10%) of
31 the qualified electors in the public water system;
32 (C) Majority vote of the board of directors or city
33 council of a city supplied by the public water system; or
34 (D) Majority vote of the quorum court of a county supplied
35 by the public water system.
36 (2)(A) Except as provided under subdivision (b)(2)(B) of this
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1 section, an election under this section shall be held at the next general
2 election.
3 (B) A subsequent election in the public water system under
4 this section shall not be held earlier than four (4) years after an election
5 is held under this section.
6 (3) Except as provided in this section, the election under this
7 section shall be held and conducted in accordance with the general election
8 laws of this state.
9 (4) The question of whether to fluoridate the water in the
10 public water system shall be placed upon the ballots of the qualified
11 electors in the following form:
12 "___ FOR THE FLUORIDATION OF WATER IN [DESCRIPTION OF THE
13 PUBLIC WATER SYSTEM]
14 ___ AGAINST THE FLUORIDATION OF WATER IN [DESCRIPTION OF
15 PUBLIC WATER SYSTEM].".
16 (c)(1) The petition under this section shall be filed with the county
17 clerk of each county within the public water system no less than one hundred
18 twenty (120) days before the general election.
19 (2) No more than ten (10) days after the filing of the petition
20 under subdivision (c)(1) of this section, the county clerk shall:
21 (A) Verify the petition;
22 (B) Certify the petition; and
23 (C) Notify the county boards of election commissioners for
24 the counties within the public water system and the board of directors of the
25 public water system of the verification and certification of the petition.
26 (3) The petition shall clearly state:
27 (A) The boundaries of the public water system; and
28 (B) That the petition is to elect "for" or "against"
29 fluoridation of the water in the public water system.
30 (d) If the majority of the qualified electors of the public water
31 system elect to prohibit fluoridation of water, the public water system shall
32 cease fluoridation of the water within thirty (30) days of the certification
33 of the election results.
34 (e) As used in this section, "public water system" means a facility,
35 including without limitation a parent system, consecutive system, or other
36 system, that holds, treats, and supplies water directly or through a
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1 consecutive system or consecutive systems to five thousand (5,000) persons or
2 more.
3
4 SECTION 2. Arkansas Code § 20-7-136(b), concerning a statewide
5 fluoridation program, is amended to read as follows:
6 (b) The Unless a majority of the qualified electors of the public
7 water system have elected to prohibit fluoridation of water under § 14-116-
8 108, the company, corporation, municipality, county, government agency, or
9 other entity that owns or controls a water system shall control the quantity
10 of fluoride in the water so as to maintain a fluoride content established by
11 the Department of Health.
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Statutes affected:
SB 4: 20-7-136(b)