sb 0449

CHAPTER 225

SB 449 – FINAL VERSION

AN ACT relative to fluoridation of municipally-owned public water systems.

SPONSORS: Sen. D’Allesandro, Dist 20; Rep. Beaton, Hills 49

I. Establishes a procedure for voting on the introduction of fluoride into public water supplies that serve multiple municipalities.

II. Permits the introduction of fluoride into public water supplies that serve multiple municipalities if the voters of the municipalities vote to approve its use.

III. Provides that public water supplies that serve multiple municipalities and that are currently using fluoride may continue to do so until all of the municipalities have the opportunity to vote on the use of fluoride.

IV. Creates a procedure for a vote in the September 2004 state primary election on the use of fluoride in the municipalities served by the city of Manchester, water works department.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to fluoridation of municipally-owned public water systems.

Be it Enacted by the Senate and House of Representatives in General Court convened:

225:1 Use of Fluoride; Public Water Systems Serving More Than One Political Subdivision. RSA 485:14 is repealed and reenacted to read as follows:

485:14 Use of Fluoride. No fluoride shall be introduced into the public water supply unless and until the municipality or municipalities using said waters have held a public hearing as to the introduction of fluoride into the public water supply of said municipality or municipalities, and the registered voters of such municipality or municipalities have approved such action pursuant to RSA 44:16, RSA 31:17-a, RSA 52:23, or RSA 485:14-a. For purposes of this section “municipality” means a municipality that has 100 or more user connections that are served from the public water supply.

225:2 New Section; Referendum for Public Water Systems Serving More Than One Political Subdivision. Amend RSA 485 by inserting after section 14 the following new section:

485:14-a Referendum Procedure for Public Water Systems Serving More Than One Political Subdivision.

I. Upon the written application of the aggregate of 10 percent of the registered voters in all of the towns served by a water system, presented to the clerk of the town owning the water system at least 90 days before the day prescribed for an annual town meeting or city election, the clerk shall forward a copy of the petition to each town served by the water system. Upon receipt of the petition, the selectmen of the town shall insert on the warrant or the official ballot the following question: “Shall fluoride be used in the public water system?” Beside this question shall be printed the word “yes” and the word “no” with the proper boxes for the voter to indicate his or her choice. If a majority of the registered voters in a water system that serves multiple towns does not approve the use of fluoride in the public water system, no fluoride shall be introduced into the public water system for said towns. After such popular referendum, the selectmen shall not insert an article relative to the use of fluoride in the public water system in the warrant nor shall such question be inserted on the official ballot for a minimum period of 3 years from the date of the last popular referendum and only upon written application at that time of not less than the aggregate of 10 percent of the registered voters of all of the towns.

225:3 Referendum on the Use of Fluoride. RSA 31:17-a is repealed and reenacted to read as follows:

31:17-a Referendum. Upon the written application of 10 percent of the registered voters in a town, presented to the selectmen or one of them at least 15 days before the day prescribed for an annual town meeting, the selectmen shall insert in their warrant for such meeting an article relative to the use of fluoride in the public water system for said town. If the town has an official ballot, the town clerk shall insert on such ballot the following question: “Shall fluoride be used in the public water system?” Beside this question shall be printed the word “yes” and the word “no” with the proper boxes for the voter to indicate his or her choice. If a majority of the registered voters in a water system that serves one municipality does not approve the use of fluoride in the public water system, no fluoride shall be introduced into the public water system for said town; or if fluoride has prior to said vote, been introduced, such use shall be discontinued until such time as the registered voters of the town shall, by majority vote, approve the use of fluoride. After such popular referendum, the selectmen shall not insert an article relative to the use of fluoride in the public water system in the warrant nor shall such question be inserted on the official ballot for a minimum period of 3 years from the date of the last popular referendum and only upon written application at that time of not less than 10 percent of the registered voters of said town. The procedure for a referendum on the use of fluoride in a town that is part of public water system serving more than one municipality shall be the procedure in RSA 485:14-a.

225:4 Public Water Supplies; Referendum on the use of Fluoride. RSA 44:16 is repealed and reenacted to read as follows:

44:16 Public Water Supplies. Upon the written application of 10 percent of the registered voters in any city, presented to the city clerk prior to the municipal election, the city clerk shall insert on the ballot to be used at said election the following question: “Shall fluoride be used in the public water system?” Beside this question shall be printed the word “yes” and the word “no” with the proper boxes for the voter to indicate his or her choice. If a majority of the registered voters in a water system that serves one municipality at said election does not approve the use of fluoride in the public water system for said city, no fluoride shall be introduced into the public water system. If fluoride has, prior to said vote, been so introduced, such use shall be discontinued until such time as the registered voters of the city shall, by majority vote, approve the use of such fluoride. After such popular referendum, the city clerk shall not insert the aforementioned question relative to the use of fluoride in the public water system on the ballot to be used at the municipal election for a minimum period of 3 years from the date of the last popular referendum, and only upon written application at that time of not less than 10 percent of the registered voters of said city. The procedure for a referendum on the use of fluoride in a city that is part of a water system serving more than one municipality shall be the procedure in RSA 485:14-a.

225:5 Public Water; Referendum on the use of Fluoride. RSA 52:23 is repealed and reenacted to read as follows:

52:23 Public Water. Upon the written application of 10 percent of the registered voters in any village water district, presented to the commissioners or one of them at least 15 days before the day prescribed for an annual meeting of the district, the commissioners shall insert in their warrant for such meeting an article relative to the use of fluoride in the water system for said district, and the district clerk shall prepare a ballot for said meeting with the following question: “Shall fluoride be used in the district water system?” Beside the question shall be printed the word “yes” and the word “no” with the proper boxes for the voter to indicate his or her choice. If a majority of the registered voters in a water system that serves only one municipality does not approve the use of fluoride in the district water system, no fluoride shall be introduced into the district water system; or if fluoride has, prior to said vote, been so introduced, such use shall be discontinued until such time as the registered voters of the district shall, by majority vote, approve of the use of fluoride. After such popular referendum, the commissioners shall not insert an article relative to the use of fluoride in the district water system in the warrant nor shall the district clerk prepare such a ballot for a minimum period of 3 years from the date of the last popular referendum of the district and only upon written application at that time of not less than 10 percent of the registered voters of said district. The procedure for a referendum on the use of fluoride in a village district that is part of a water system serving more than one municipality shall be the procedure in RSA 485:14-a.

225:6 Applicability. Any public water system serving more than one municipality which introduced fluoride into the water supply prior to July 1, 2004 may continue the use of fluoride until a referendum under RSA 485:14-a has taken place.

225:7 Special Procedure; Municipalities Receiving Water From the City of Manchester, Water Works Department.

I. Notwithstanding RSA 485:14-a, the secretary of state shall place the following question on the September 2004 state primary election ballot and on a separate ballot for undeclared voters for the city of Manchester and other municipalities whose voters directly receive water from the city of Manchester, water works department: “Shall fluoride be used in the Manchester public water system?”

II. When the secretary of state has received the returns on the question in paragraph I, he or she shall examine, record, and total such returns and shall declare the outcome.

III. The secretary of state shall forward one copy of the outcome to the clerk of the city of Manchester.

IV. The city of Manchester, water works department, may continue to use fluoride until the secretary of state notifies the Manchester city clerk of the outcome of the question in paragraph I. If a majority of those voting in all of the municipalities combined does not approve the use of fluoride in the Manchester public water system, the use of fluoride shall be discontinued.

V. To the extent that there is an additional expense for printing the question, the expense shall be paid by the city of Manchester, water works department.