The bill amends Arkansas law regarding public water systems to allow voters the opportunity to decide whether or not to fluoridate the water supplied by these systems. It introduces a new section, 14-116-108, which outlines the process for holding an election on water fluoridation. Customers of a public water system can initiate an election through a petition signed by at least five percent of the voters in the county or by a majority vote of the county's quorum court. The election must occur at the next general election, and subsequent elections cannot be held sooner than four years after the previous one. The ballot will present the question of fluoridation in a specified format, and if a majority of voters in the majority of counties opt against fluoridation, the public water system must cease fluoridation within thirty days of the election results.
Additionally, the bill modifies existing language in Arkansas Code 20-7-136(b) regarding the control of fluoride levels in water systems. It clarifies that while the entity controlling the water system is responsible for maintaining fluoride levels as established by the Department of Health, the board of a public water system may choose to prohibit fluoridation. However, any decision made by the board will be overridden by the results of an election held under the new section 14-116-108. This ensures that the voters' choice on fluoridation takes precedence over the board's decisions.
Statutes affected: SB 282: 20-7-136(b)