130th Ohio General Assembly
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As Introduced

124th General Assembly
Regular Session
2001-2002
H. B. No. 37


REPRESENTATIVES Metzger, Collier, Hartnett, Seitz, Allen, Willamowski, Evans, Niehaus, Hollister, Britton, Flowers, Rhine, Coates, Distel, Woodard



A BILL
To amend section 6109.20 of the Revised Code to provide for a special election pertaining to the fluoridation of water to be used by political subdivisions that opted out of the fluoridation requirement as allowed by law in 1969 and 1970, and to authorize municipal corporations that opted out of the requirement to adopt an ordinance requiring fluoridation.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That section 6109.20 of the Revised Code be amended to read as follows:

Sec. 6109.20.  (A) If the natural fluoride content of supplied water of a public water system is less than eight-tenths milligrams per liter of water, fluoride shall be added to such the supplied water to maintain fluoride content of not less than eight-tenths milligrams per liter of water nor and not more than one and three-tenths milligrams per liter of water beginning:

(A)(1) On or before January 1, 1971, for a public water system supplying water to twenty thousand or more persons;

(B)(2) On or before January 1, 1972, for a public water system supplying water to five thousand or more persons, but less than twenty thousand persons.

(B) A petition may be filed with the board of elections of a county containing a political subdivision served by a public water supply to which fluoride was not regularly added before the effective date of this amendment, requesting that the issue of adding fluoride to the water supply be placed on the ballot at a special election in the political subdivisions in the county and, if applicable, in adjoining counties served by the water supply, to be held on a date specified in the petition, not less than seventy-five days after the date of the filing of the petition.

The petition shall meet the requirements of section 3501.38 of the Revised Code and, in addition, shall designate the political subdivisions in the county and, if applicable, in adjoining counties served by the water supply and be signed by not less than ten per cent of the number of electors served by the water supply of each of those political subdivisions who voted for governor at the last preceding gubernatorial election. The board of elections shall place the issue on the ballot at the special election to be held in the political subdivisions served by the water supply.

If a water supply serves political subdivisions in more than one county, the board of elections of the county where the petition is filed shall send, within ten days after the filing, notice of the filing to the boards of elections of the other counties having political subdivisions served by the water supply and shall furnish all ballots and forms for the special election.

In political subdivisions where only a part of the electors are served by the water supply, only those electors who sign forms provided by the board of elections stating that they are served by the water supply shall be allowed to vote on the issue.

The issue of adding fluoride to the water supply shall be determined, at the special election, by a majority vote of those voting on the issue.

(C) In lieu of the procedure set forth in division (B) of this section, the legislative authority of a municipal corporation may adopt an ordinance to require the fluoridation of its water supply in accordance with division (A) of this section.

(D) Once a political subdivision has elected to fluoridate its water supply pursuant to division (B) or (C) of this section, it shall continue to fluoridate its water supply in accordance with division (A) of this section.

Section 2.  That existing section 6109.20 of the Revised Code is hereby repealed.

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