Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 613 3
4
By: Senators C. Penzo, B. King 5
By: Representatives Duffield, Pilkington 6
7
For An Act To Be Entitled 8
AN ACT TO CREATE AN ELECTION PROCEDURE TO DETERMINE 9
FLUORIDATION OF A PUBLIC WATER SYSTEM; AND FOR OTHER 10
PURPOSES. 11
12
13
Subtitle 14
TO CREATE AN ELECTION PROCEDURE TO 15
DETERMINE FLUORIDATION OF A PUBLIC WATER 16
SYSTEM. 17
18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
20
SECTION 1. Arkansas Code Title 14, Chapter 116, is amended to add an 21
additional subchapter to read as follows: 22
23
Subchapter 9 - Fluoridation Election 24
25
14-116-901. Definitions. 26
As used in this subchapter: 27
(1) “Canvasser” means a person who circulates a fluoridation 28
election petition or a petition part to obtain the signatures of petitioners; 29
(2) “Paid canvasser” means a canvasser who is paid or with whom 30
there is an agreement to pay money or anything of value before or after a 31
signature on a fluoridation election petition is solicited in exchange for 32
soliciting or obtaining a signature on a fluoridation election petition; 33
(3) “Petition part” means a petition signature sheet containing 34
the information required under this subchapter; 35
(4) “Petitioner” means a person who signs a petition requesting 36 SB613
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a fluoridation election; 1
(5) "Public water system" means a facility, including without 2
limitation a parent system, consecutive system, or other system, that holds, 3
treats, and supplies water directly or through a consecutive system or 4
consecutive systems to five thousand (5,000) persons or more; 5
(6) “Registered voter” means a person who is registered at the 6
time of signing the petition under Arkansas Constitution, Amendment 51; and 7
(7) “Sponsor” means a person who arranges for the circulation of 8
a fluoridation election petition or who files a fluoridation election 9
petition with the official charged with verifying the signatures on the 10
fluoridation election petition. 11
12
14-116-902. Petition to determine fluoridation of water in public 13
water system. 14
(a) An election to determine fluoridation of water in a public water 15
system shall be called by a petition signed by registered voters supplied by 16
the public water system in a number equal to thirty -eight percent (38%) of 17
the registered voters supplied by the public water system. 18
(b) A fluoridation election petition under subsection (a) of this 19
section shall be filed with the county clerk of the county where the public 20
water system is domiciled at least one hundred twenty (120) days before: 21
(1) In even-numbered years, the preferential primary election or 22
the general election; and 23
(2) In odd-numbered years, the date of the special election as 24
provided under § 14-116-913. 25
(c) The county clerk of the county where the public water system is 26
domiciled shall: 27
(1) Coordinate with the county clerks of other counties supplied 28
by the public water system to verify the signatures on a petition filed under 29
subsection (b) of this section; and 30
(2) Determine the sufficiency of a petition filed under 31
subsection (b) of this section no later than ten (10) days after the petition 32
is submitted. 33
(d) The total number of registered voters as certified by the county 34
clerk to the Secretary of State by June 1 of each year under Arkansas 35
Constitution, Amendment 51, is the basis on which the required number of 36 SB613
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signatures of qualified electors on a petition filed under this section shall 1
be computed. 2
(e)(1) The sponsor shall request that the board of the public water 3
system provide an accurate boundary map by parcel for the purpose of counting 4
signatures and conducting the election to the county clerk of the county 5
where the public water system is domiciled . 6
(2) The public water system shall provide the boundary map 7
requested under subdivision (e)(1) of this section to the county clerk of the 8
county where the public water system is domiciled at or before the time for 9
filing the petition. 10
11
14-116-903. Duties of election officers — Penalty for failure to 12
perform. 13
(a) The duties imposed by this subchapter on members of the State 14
Board of Election Commissioners, members of the county boards of election 15
commissioners, election officials, and other officers expressly named in this 16
subchapter shall be performed: 17
(1) In good faith; 18
(2) Within the time provided by this subchapter; and 19
(3) In the manner provided by this subchapter. 20
(b) If a member of a county board of election commissioners, an 21
election official, or another officer charged with a duty under this 22
subchapter knowingly fails to perform that duty, upon conviction he or she 23
shall be guilty of a violation and shall be: 24
(1) Fined not less than one hundred dollars ($100) nor more than 25
one thousand dollars ($1,000); and 26
(2) Removed from his or her position or office. 27
28
14-116-904. Hiring and training of paid canvassers. 29
(a)(1) A person shall not provide money or anything of value to 30
another person for obtaining signatures on a fluoridation election petition 31
unless the person receiving the money or item of value meets the requirements 32
of this section. 33
(2) Before a signature is solicited by a paid canvasser, the 34
sponsor shall: 35
(A) Explain the Arkansas law applicable to obtaining 36 SB613
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signatures on a fluoridation election petition to the paid canvasser; and 1
(B)(i) Provide a complete list under subdivision 2
(a)(2)(B)(i) of this section of all paid canvassers' names and current 3
residential addresses to the county clerk. 4
(ii) If additional paid canvassers agree to solicit 5
signatures on behalf of a sponsor after the complete list is provided, the 6
sponsor shall provide an updated list of all paid canvassers' names and 7
current residential addresses to the county clerk. 8
(b) Before obtaining a signature on a fluoridation election petition 9
as a paid canvasser, a person shall submit in person or by mail to the 10
sponsor: 11
(1) The full name and any assumed name of the person; 12
(2) The current residence address of the person and the person's 13
permanent domicile address if the person's permanent domicile address is 14
different from the person's current residence address; 15
(3) A signed statement taken under oath or solemn affirmation 16
that states that the person has not pleaded guilty or nolo contendere to or 17
been found guilty of a criminal offense involving a violation of the election 18
laws, fraud, forgery, or identification theft in any state; 19
(4) A signed statement that the person has read and understands 20
the Arkansas law applicable to obtaining signatures on a fluoridation 21
election petition; and 22
(5) A photograph of the person taken within ninety (90) days of 23
the submission of the information required under this section. 24
(c) A sponsor shall maintain the information required under this 25
section for each paid canvasser for three (3) years after the general 26
election or special election in which the fluoridation election is called. 27
28
14-116-905. Signing of petition — Penalty for falsification — Notice 29
of suspected forgery. 30
(a)(1) A person signing a petition under this subchapter shall: 31
(A) Be a registered voter supplied by the public water 32
system; and 33
(B) After reading the ballot title of the petition in the 34
presence of the canvasser or having the ballot title of the petition read 35
aloud to him or her in the presence of the canvasser, sign his or her own 36 SB613
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name and in his or her own handwriting print his or her own name, address, 1
and birthdate and the date of signing on a petition. 2
(2) If a person signing a petition under subdivision (a)(1) of 3
this section requires assistance due to a disability, another person: 4
(A) May print the person's name, address, and birthdate 5
and the date of signing; and 6
(B) Shall sign and print his or her own name in the margin 7
of the petition. 8
(3) A person who is under eighteen (18) years of age shall not 9
act as a canvasser. 10
(4) A person acting as a canvasser shall not obtain a signature 11
for a petition without disclosing to the potential petitioner that petition 12
fraud is a criminal offense before the potential petitioner signs the 13
petition in the custody of the canvasser by: 14
(A) Verbal notification; or 15
(B) If verbal notification is impossible, written 16
notification with a document that is provided separately from all other 17
petition materials. 18
(b) A person commits a Class A misdemeanor if the person, acting as a 19
canvasser, notary, sponsor, or agent of a sponsor knowingly: 20
(1) Signs a name other than his or her own to a petition; 21
(2) Prints a name, address, or birthdate other than his or her 22
own on a petition unless the petitioner requires assistance due to a 23
disability and the person complies with this section; 24
(3) Solicits or obtains a signature to a petition knowing that 25
the petitioner is not qualified to sign the petition; 26
(4) Pays a person any form of compensation in exchange for 27
signing a petition as a petitioner; 28
(5) Accepts or pays money or anything of value for obtaining 29
signatures on a petition when the person acting as a canvasser, sponsor, or 30
agent of a sponsor knows that the name or address of the person acting as a 31
canvasser is not included on the sponsor's list filed with the county clerk; 32
(6) As a sponsor, files a petition part with the official 33
charged with verifying the signatures knowing that the petition part contains 34
one (1) or more false or fraudulent signatures unless each false or 35
fraudulent signature is clearly stricken by the sponsor before filing; 36 SB613
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(7) As a canvasser, knowingly accepts a signature when the 1
person signing the petition has not read the ballot title of the petition in 2
the presence of the canvasser or the ballot title of the petition has not 3
been read aloud to the person in the presence of the canvasser; or 4
(8) As a canvasser, fails to disclose to a potential petitioner 5
that petition fraud is a criminal offense before the potential petitioner 6
signs the petition in the custody of the canvasser under subdivision (a)(4) 7
of this section. 8
(c) When the county clerk charged with verifying the signatures has 9
reasonable grounds to believe that one (1) or more signatures on a petition 10
is forged, the county clerk shall report the suspected forgery and the basis 11
for suspecting forgery to the prosecuting attorney of the county. 12
(d)(1) The county clerk shall not count signatures collected and 13
witnessed by a canvasser if the county clerk finds by a preponderance of the 14
evidence that the canvasser has violated Arkansas laws regarding canvassing, 15
perjury, forgery, or fraudulent practices in the procurement of petition 16
signatures or any provision of the Arkansas Constitution applicable to the 17
collection of signatures on a fluoridation election petition during the 18
current election cycle. 19
(2) This subsection shall not constrain the duties and authority 20
of the county clerk as set forth in Arkansas law. 21
22
14-116-906. Form of initiative petition — Sufficiency of signatures. 23
(a) The petition for an ordinance, act, or amendment proposed by 24
initiative under this subchapter shall be on substantially the following 25
form: 26
“PETITION FOR FLUORIDATION ELECTION 27
To the Honorable_____________, 28
County Clerk 29
We, the undersigned registered voters of the State of Arkansas, of 30
_____________ County, Arkansas, respectfully request that an election be held 31
to determine fluoridation of the water in the public water system in the 32
district described below, to the end that the same may be adopted, enacted, 33
or rejected by the vote of the registered voters supplied by the public water 34
system. Each of us for himself or herself says: 35
I have personally signed this petition; I am a registered voter of 36 SB613
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_____________ County, Arkansas, and my printed name, date of birth, 1
residence, and city or town of residence and the date of signing this 2
petition are correctly written after my signature. 3
(Here insert a description of the public water system in which the 4
election shall be held.)”. 5
(b)(1) The information provided by the petitioner under this 6
subchapter may be used as evidence of the validity or invalidity of the 7
signature. 8
(2) If a signature of a registered voter on a petition under 9
this subchapter is sufficient to verify the registered voter's name, then it 10
shall not be adjudged invalid for failure to sign the name or write the 11
residence and city or town of residence exactly as it appears on voter 12
registration records, for failure to print the name in the space provided, 13
for failure to provide the correct date of birth, nor for failure to provide 14
the correct date of signing the petition, all the information being an aid to 15
verification rather than a mandatory requirement to perfect the validity of 16
the signature of the petitioner. 17
(c) Additional sheets of petitioner signatures shall not be attached 18
to a petition under this subchapter unless the sheets contain the full 19
language of the petition. 20
(d)(1) The signature section of a petition under this subchapter shall 21
be formatted and shall contain the number of signature lines prescribed by 22
the county clerk. 23
(2) Before the circulation of a petition for signatures under 24
this subchapter, the sponsor shall file a printed petition part with the 25
county clerk in the form that will be used for obtaining signatures. 26
27
14-116-907. Procedure for circulation of petition. 28
(a)(1) Each petition under this subchapter for an election to be held 29
for a public water system that includes more than one (1) county shall be 30
prepared and circulated in a petition part, and each petition part shall be 31
an exact copy of all other petition parts on which signatures of petitioners 32
are to be solicited. 33
(2) When a sufficient number of petition parts are signed by the 34
requisite number of registered voters and are filed and certified by the 35
county clerk, they shall be treated and considered as one (1) petition. 36 SB613
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(b) Each petition part under this subchapter shall have attached to it 1
the affidavit of the canvasser who collected the signatures on the petition 2
part stating that: 3
(1) The canvasser's current residence address appearing on the 4
verification is correct; 5
(2) All signatures appearing on the petition part were made in 6
the presence of the canvasser; and 7
(3) To the best of the canvasser's knowledge and belief each 8
signature is genuine and each person signing is a registered voter. 9
(c) A petition part under this section shall not contain signatures of 10
petitioners from more than one (1) county. 11
12
14-116-908. Form of verification — Penalty for false statement. 13
(a) Each petition under this subchapter that contains signatures shall 14
be verified in substantially the following form by the canvasser's affidavit 15
on the petition as a part of the petition: 16
“State of Arkansas, County of _____________ 17
I, _____________ (print name of canvasser) _____________, being duly 18
sworn, state that each of the foregoing persons signed his or her own name to 19
this sheet of the petition in my presence. To the best of my knowledge and 20
belief, each signature is genuine and each signer is a registered voter of 21
_____________ County. At all times during the circulation of this signature 22
sheet, an exact copy of the popular name, ballot title, and text was attached 23
to the signature sheet , and each signer read the ballot title of the petition 24
or had the ballot title of the petition read to the signer in my presence. My 25
current residence address is correctly stated below. 26
Signature_____________ 27
Residence _____________ 28
Indicate one: _____________ Paid Canvasser _____________ 29
Volunteer/Unpaid Canvasser 30
Subscribed and sworn to before me this _____________day of 31
_____________, 20_____________ 32
Signature_____________ 33
Clerk, Notary, Judge, or Justice of the Peace 34
Seal_____________ ”. 35
(b)(1) If the form provided under subsection (a) of this section is 36 SB613
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substantially followed in a petition, the form is sufficient. 1
(2) A form provided under this section shall not be held 2
insufficient for clerical and merely technical errors. 3
(c)(1) A petition under this subchapter shall not be disqualified due 4
to clerical or technical errors made by a clerk, notary, judge, or justice of 5
the peace when verifying a canvasser's signature. 6
(2) A petition under this subchapter shall not be disqualified 7
for the failure of a clerk, notary, judge, or justice of the peace to sign 8
exactly as his or her name appears on his or her seal if the signature of a 9
clerk, notary, judge, or justice of the peace is sufficient to verify his or 10
her name. 11
(d) A canvasser who knowingly makes a false statement on a petition 12
verification form required by this section upon conviction is guilty of a 13
Class D felony. 14
(e)(1) A canvasser who witnesses signatures on a petition part shall 15
view a copy of a potential petitioner's photo identification to verify the 16
identity of the potential petitioner before obtaining the signature. 17
(2) If a canvasser cannot verify the identity of the potential 18
petitioner, the canvasser shall not obtain a signature from the potential 19
petitioner. 20
(3) A canvasser who submits a canvasser affidavit under 21
subsection (a) of this section swearing that to the best of the canvasser's 22
knowledge and belief each signature is genuine and that the person signing is 23
a registered voter, but does not comply with the requirements under 24
subdivision (e)(1) of this section, makes a false statement on the petition 25
verification form. 26
(4) As used in this subsection, "photo identification" means a 27
document or identification card permitted under § 7 -1-101(40). 28
29
14-116-909. Failure to act on petition — Mandamus — Injunction. 30
(a) If a county clerk does not examine and certify a petition under 31
this subchapter within the time prescribed in § 14 -116-902, the sponsor may 32
apply to the circuit court with jurisdiction for appropriate relief. 33
(b) If the circuit court decides that the petition under this 34
subchapter is legally sufficient, the circuit court shall order the county 35
clerk to certify the sufficiency of the petition and set an election date. 36 SB613
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(c) On a proper showing that a petition under this subchapter is not 1
sufficient, the circuit court may enjoin the county clerk from: 2
(1) Certifying the sufficiency of the petition; or 3
(2) Setting an election date. 4
5
14-116-910. Preservation of records. 6
(a) All petitions, notices, certificates, or other documentary 7
evidence of procedural steps taken under this subchapter shall be filed and 8
preserved. 9
(b) A petition under this subchapter with signatures shall be retained 10
for two (2) years after submission to the county clerk. 11
12
14-116-911. Count of signatures. 13
(a) Upon the initial filing of a petition under this subchapter, the 14
county clerk charged with verifying the signatures shall: 15
(1) Perform an initial count of the signatures; and 16
(2) Determine whether the petition contains, on its face and 17
before verification of the signatures of registered voters, the designated 18
number of signatures required by the Arkansas Constitution and this 19
subchapter in order to call an election. 20
(b) A petition part and all signatures appearing on the petition part 21
shall not be counted for any purpose by the official charged with verifying 22
the signatures, including the initial count of signatures, if one (1) or more 23
of the following is true: 24
(1) The petition is not an original petition, including without 25
limitation a petition that is a photocopy or a fax; 26
(2) The petition lacks the signature, printed name, and 27
residence address of the canvasser or is signed by more than one (1) 28
canvasser; 29
(3) The canvasser is a paid canvasser whose name and the 30
information required under § 14 -116-904 were not submitted by the sponsor to 31
the county clerk before the petitioner signed the petition; 32
(4) The canvasser verification is not notarized, is notarized by 33
more than one (1) notary, or lacks a notary signature or a notary seal; 34
(5) The canvasser verification is dated earlier than the date on 35
which a petitioner signed the petition; 36 SB613
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(6) The petition part clearly contains signatures of petitioners 1
from more than one (1) county unless each signature of a petitioner from 2
another county is clearly stricken before the filing of the petition with the 3
county clerk; or 4
(7) The petition part has a material defect that, on its face, 5
renders the petition part invalid. 6
(c) The following signatures shall not be counted by the official 7
charged with verifying the signatures, including the initial count of 8
signatures: 9
(1) A signature that is not an original signature; 10
(2) A signature that is obviously not that of the purported 11
petitioner; 12
(3) A signature that is illegible and is accompanied by no 13
personally identifying information; 14
(4) A signature for which the corresponding printed name, 15
address, or birthdate is written by someone other than the petitioner except 16
under circumstances of disability of the signer; 17
(5) A signature that has any other material defect that, on its 18
face, renders the signature invalid; and 19
(6) A signature submitted by a canvasser who has not filed a 20
true affidavit with the county clerk as required under subdivision (d)(1) of 21
this section certifying that the canvasser has complied with the Arkansas 22
Constitution and all Arkansas laws regarding canvassing, perjury, forgery, 23
and fraudulent practices in the procurement of petition signatures during the 24
current election cycle. 25
(d)(1) Except as provided under subdivision (d)(4) of this section, a 26
canvasser shall file a true affidavit with the county clerk certifying that 27
the canvasser has complied with the Arkansas Constitution and all Arkansas 28
laws regarding canvassing, perjury, forgery, and fraudulent practices in the 29
procurement of petition signatures during the current election cycle. 30
(2) The county clerk shall not count the signatures submitted by 31
a canvasser until a true affidavit is submitted by the canvasser under 32
subdivision (d)(1) of this section. 33
(3) A true affidavit submitted under subdivision (d)(1) of this 34
section shall have no bearing to establish the genuineness or falsity of the 35
signatures obtained by the canvasser. 36 SB613
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(4)(A) The inability of a canvasser to submit an affidavit due 1
to death or medical disability shall not disqualify the signatures gathered 2
by the canvasser. 3
(B) Subdivision (d)(4)(A) of this section does not excuse 4
a canvasser from filing the affidavit required under § 14 -116-908. 5
(e) A canvasser who has filed a true affidavit under subsection (d) of 6
this section shall not collect additional signatures unless the county clerk 7
determines that the sponsor of the fluoridation election petition is eligible 8
to solicit and add additional signatures to the petition under § 14 –14–9
915(e). 10
11
14-116-912. Notification of election. 12
(a) Notice of an election under this subchapter shall be given by the 13
secretary of the board of directors of the public water system at least 14
thirty (30) days before the date fixed for the election by publication of a 15
notice for at least two (2) consecutive weekly insertions in a newspaper 16
published and having a bona fide circulation in each of the counties supplied 17
by the public water system. 18
(b) The notice of election shall be in substantially the following 19
form: 20
“NOTICE OF ELECTION 21
Notice is hereby given that an election will be held in ............. County, 22
Arkansas, on the ............. day of ............., 20............., for the 23
purpose of determining whether the Board of Directors of the ............. 24
Public Water System shall be authorized to change the status of water 25
fluoridation in the public water system, and whether the Board of Directors 26
of the public water system shall be authorized to exercise the powers 27
conferred on the public water system under Arkansas Code § 14 -116-901 et seq. 28
to carry out the results of the election. The voting places in ............. 29
County, Arkansas, for this election shall be as follows: (Here will be 30
inserted the various voting places of the county in which the particular 31
notice is published.)”. 32
(c) The notice required under this section shall be dated and signed 33
by the secretary of the board of directors of the public water system. 34
35
14-116-913. Conduct of election. 36 SB613
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(a)(1)(A) The county board of election commissioners of the particular 1
county shall cause the question of a change in status of the water 2
fluoridation in a public water system to be placed on the ballot: 3
(i) In even-numbered years, at the general election 4
or preferential primary election; or 5
(ii) In odd-numbered years, at the special election 6
that shall be held on the second Tuesday of March or November. 7
(B) An election held under subdivision (a)(1)(A)(ii) of 8
this section that is scheduled to occur in a month in which the second 9
Tuesday is a legal holiday shall be held on the third Tuesday of the month. 10
(2) The question shall be presented in the following form: 11
" FOR THE FLUORIDATION OF WATER IN [DESCRIPTION OF THE 12
PUBLIC WATER SYSTEM] 13
AGAINST THE FLUORIDATION OF WATER IN [DESCRIPTION OF 14
THE PUBLIC WATER SYSTEM].". 15
(3) Each elector shall be instructed on the ballot to vote "FOR" 16
or "AGAINST" the question by placing an appropriate mark. 17
(b) The county board of election commissioners shall count the votes 18
cast on the question submitted to the voters under this section to determine 19
the fluoridation of water in the public water system and shall deliver its 20
certificate declaring the result of the election, together with the election 21
returns, within three (3) days after the date of the election to the county 22
clerk of the county. 23
(c) Upon petition of twenty -five (25) interested registered voters in 24
the territory affected, within ten (10) days after the date of an election 25
under this section, the county board of election commissioners shall 26
immediately recount the votes and declare the result of the election as 27
determined by the recount. 28
(d) Within twenty (20) days after an election under this section, the 29
county court shall make and have entered on record its order declaring the 30
result of the election. 31
(e)(1) The costs of an election held under this subchapter shall be 32
paid by the board of directors of the public water system. 33
(2) The county clerk of each county holding an election to 34
determine the fluoridation of the water in the public water system shall 35
provide an invoice to the board of directors of the public water system for 36 SB613
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any expenses incurred by the county in connection with an election under this 1
subchapter. 2
3
14-116-914. Results of election. 4
(a) If a majority of the registered voters supplied by the public 5
water system elect to prohibit fluoridation of water under this subchapter, 6
the public water system shall cease fluoridation of the water within thirty 7
(30) days of the certification of the election results. 8
(b) A subsequent election in the public water system under this 9
subchapter shall not be held earlier than four (4) years after an election is 10
held under this subchapter. 11
12
SECTION 2. Arkansas Code § 20 -7-136(b), concerning a statewide 13
fluoridation program, is amended to read as follows: 14
(b) The Unless prohibited by the results of an election under § 14-15
116-901 et seq., the company, corporation, municipality, county, government 16
agency, or other entity that owns or controls a water system shall control 17
the quantity of fluoride in the water so as to maintain a fluoride content 18
established by the Department of Health. 19
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