2000 SESSION

00-2329

08/10

HOUSE BILL 1598-LOCAL

COMMITTEE: Municipal and County Government

ANALYSIS

This bill requires a 2/3 affirmative vote to put fluorides in a municipal water supply. This bill requires any municipality having a fluoridated water supply to have a vote on the issue within 2 years of January 1, 2000. This bill also creates a committee to study issues regarding fluoridation of water.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

00-2329.0

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand

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

1 Public Water Supplies; Town Referendum on Fluorides in Water. Amend RSA 31:17-a to read as follows:

31:17-a Referendum. Upon the written application of 10 percent of the 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 fluorides 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 permission be granted to introduce fluorides into 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 choice. If [a majority of the voters do not approve the use of fluorides in the public water system] less than 2/3 of the voters vote "yes", no fluorides shall be introduced into the public water system for said town; or if fluorides have prior to said vote been introduced, such use shall be discontinued until such time as the voters of the town shall, by [majority] 2/3 vote, approve the use of fluorides. After such popular referendum, the selectmen shall not insert an article relative to the use of fluorides 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.

2 Public Water Supplies; City Referendum on Fluorides in Water. Amend RSA 44:16 to read as follows:

44:16 Public Water Supplies. Upon the written application of 10 percent of the 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 permission be granted to introduce fluorides into 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 choice. If [a majority of the voters at said election do not approve the use of fluorides in the public water system for said city] less than 2/3 of the voters vote "yes", no fluorides shall be introduced into the public water system. If fluorides have, prior to said vote, been so introduced, such use shall be discontinued until such time as the voters of the city shall, by [majority] 2/3 vote, approve the use of such fluorides. After such popular referendum, the city clerk shall not insert the aforementioned question relative to the use of fluorides 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.

3 Public Water Supply; Village Water District Referendum on Fluorides in Water. Amend RSA 52:23 to read as follows:

52:23 Public Water. Upon the written application of 10 percent of the 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 fluorides in the water system for said district, and the district clerk shall prepare a ballot for said meeting with the following question: "Shall permission be granted to introduce fluorides into 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 choice. If [a majority of the voters do not approve the use of fluorides in the district water system] less than 2/3 of the voters vote "yes", no fluorides shall be introduced into the district water system; or if fluorides have, prior to said vote, been so introduced, such use shall be discontinued until such time as the voters of the district shall, by [majority] 2/3 vote, approve of the use of fluorides. After such popular referendum, the commissioners shall not insert an article relative to the use of fluorides 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.

4 Safe Drinking Water Act; Public Water Supply Protection Program; Use of Fluorine. Amend RSA 485:14 to read as follows:

485:14 Use of Fluorine. No fluorine shall be introduced into the water of any lake, pond, reservoir, or stream tributary from which the domestic water supply is taken unless and until the municipality using said waters has held a public hearing as to the introduction of fluorine into the public water supply of said municipality, and the voters of such municipality have approved such action pursuant to RSA 33:17-a, 44:16, or 52:23. If any lake, pond, reservoir, or stream tributary provides a domestic water supply to more than one municipality, each such municipality shall first approve by vote such fluorine introduction.

5 Referendum Vote on Fluorides in Municipal Water Supply Within 2 Years. Notwithstanding RSA 31:17-a, 44:16, or 52:23, any town, city, or village water district that has introduced fluorides into its public water system as of January 1, 2000 shall vote on the issue of authorizing such introduction within 2 years of the effective date of this act.

6 Committee Established. There is established a committee to study issues regarding fluoridation of water.

7 Membership and Compensation.

I. The members of the committee shall be as follows:

(a) Four members of the house of representatives, appointed by the speaker of the house, of which 2 shall be from the children and family law committee and 2 from the health, human services and elderly affairs committee.

(b) Two members of the senate, appointed by the president of the senate, of which one shall be from the environment committee and one from the public institutions, health and human services committee.

II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

8 Duties. The committee shall study issues regarding fluoridation of water.

9 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.

10 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2000.

11 Effective Date. This act shall take effect 60 days after its passage.