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An Act To Amend the Fluoridation Laws To Provide for Customer Choice
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §2653, as amended by PL 1987, c. 122, §2, is further amended to read:
§ 2653.Authorization of fluoridation; general provisions
 
1. Requirement for authorization.  NoA public water system may not add any fluoride to any water supply without first having been authorized to do so by the customers of the public water system or by the registered voters of the affected single or multiple community water district served by it. Any public water system duly authorized to add fluoride to any water supply shall do so within 912 months after being notified in accordance with this section. TheIn the case of authorization by registered voters in a single or multiple community water district, the municipal clerk shall, within 10 days after the vote, notify the public water system of the vote favoring or not favoring the addition of fluoride to the public water supply.
 
2. Form of question.   Any time the issue of whether to fluoridate a public water supply is submitted to customers of the public water system or the registered voters of a single or multiple community water district, the question shallmust be phrased as follows: "Shall fluoride be added to the public water supply for the intended purpose of reducing tooth decay?"
 
3. Prohibition.   Whenever acustomers of the public water system or the registered voters of the single community water district hasserved by the public water system have approved fluoridation, itthey may not again vote on the matter for a minimum period of 2 years from the date of installation of fluoride. Whenever acustomers of the public water system or the registered voters of the single community water district hasserved by the public water system have disapproved fluoride, itthe voters may not vote again on the matter for a minimum period of 2 years. Whenever acustomers of the public water system or the registered voters of the multiple community water district hasserved by the public water system have approved fluoridation, itthe voters may not vote again on the matter until the first general election after 2 years from the date of installation of fluoride. Whenever acustomers of the public water system or the registered voters of the multiple community water district disapprovesserved by the public water system disapprove fluoride, itthe voters may not vote again on the matter until the next general election.
 
4. Authorization not required.   The authorization required by subsection 1 shalldoes not apply to any public water supply whichthat receives or purchases less than 50% of its total annual water supply from another public water supply authorized to add fluoride to its water supply.
Sec. 2. 22 MRSA §2654, sub-§1, as amended by PL 1991, c. 824, Pt. A, §43, is repealed and the following enacted in its place:
 
1.  Single community water districts.     In a single community water district, the vote on the issue of fluoridation must be called:
 
A.  By a majority vote of the municipal officers acting on their own initiative;
 
B.  Pursuant to a petition meeting the requirements established for a referendum vote by the municipality's home rule charter or, if the municipality has no home rule charter, as provided by Title 30-A, section 2522; or
 
C.  Pursuant to a petition by 15% of the customers of the public water system or 1,000 customers, whichever is less.
Sec. 3. 22 MRSA §2654, sub-§2, as amended by PL 1987, c. 122, §4, is further amended to read:
 
2. Multiple community water districts.   In the case of a multiple community water district, authorization shallmust be by a majority vote of the customers of the water district or by a majority vote of those voting at a multiple community water system district-wide election. A valid request for an election on whether or not to authorize the addition of fluoride may be made in eitherone of the following ways.
 
A. A valid request for an election shall have beenis made when a majority of municipal officers, in a majority of municipalities within a multiple community water system district, vote to call an election. All such votes must be taken at least 90 days before the general election. Each voting municipality shall certify within 5 days to all other municipalities within the public water system district the results of its vote.
 
A multiple community water system district-wide election shallmust take place in each municipality within the district if, on the basis of the certificates, a majority of municipal officers within a majority of the municipalities in the district have called for an election.
 
B. A valid request for election shall have beenis made when a number of registered voters within a multiple community water district equal to at least 10% of the total number of votes cast for Governor at the last gubernatorial election in all municipalities, wholly or partially within the multiple community water district, file a petition in accordance with section 2655.
 
C.  A valid request for an election is made pursuant to a petition by 15% of the customers of the public water system or 1,000 customers, whichever is less.
Sec. 4. 22 MRSA §2655, sub-§1, as enacted by PL 1987, c. 737, Pt. C, §65 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further amended to read:
 
1. Circulation.   Any time the issue of whether to fluoridate a public water supply is submitted to the voters in multiple community water districts pursuant to petition as authorized by section 2654, subsection 2, paragraph B, the petition or petitions shallmust be circulated and signed in the manner prescribed by Title 30-A, section 2503, subsection 3, paragraph B, subparagraphs (2) and (3), and shallmust be dated and gathered within the time frame prescribed by the Constitution of Maine, Article IV, Part Third, Section 18, Subsection 2.
Sec. 5. 22 MRSA §2656, as amended by PL 1987, c. 122, §§7 and 8, is further amended to read:
§ 2656.Elections
 
1. Multiple community water system district-wide elections.   In the case of public systems serving more than one municipality, in whole or in part, elections shallrequested pursuant to section 2654, subsection 2, paragraph A or B must be held simultaneously in all municipalities served by the water system at the first general election following the certification of a request for an election on the issue of whether or not to fluoridate the water supply. Those eligible to vote shallmust be all registered voters within affected single-service municipalities and all registered voters within the affected public water system zone of multiservice municipalities. The following provisions apply to all multiple community water system district-wide elections.
 
A. Each municipality shall beis responsible for posting a warrant according to the following requirements.
 
(1) It shallThe warrant must specify the voting place and the time of opening and closing of polls.
 
(2) It shallThe warrant must specify that the purpose of the election is to determine the following question: "Shall fluoride be added to the public water supply for the intended purpose of reducing tooth decay?"
 
(3) It shallThe warrant must specify that a public hearing will be held by the municipal officers of each municipality at least 10 days before the election date.
 
(4) It shallThe warrant must be signed by a majority of the municipal officers of the municipality and directed personally to a constable or any resident ordering himthe constable or resident to announce the election.
 
(5) The person to whom the warrant is directed shall post an attested copy of it in a conspicuous public place in each voting district of the municipality at least 7 days immediately before the date of the public hearing. HeThat person shall make a return on the warrant stating the manner of announcement and the time it was given and return the warrant to the municipal officers.
 
(6) The municipal officers shall then deliver the warrant to the clerk who shall record it.
 
B. Elections shallmust be held by secret preprinted ballots.
 
C. Each municipality shall provide for absentee ballots in a manner whichthat substantially complies with Title 21-A, chapter 9, subchapter IV4.
 
1-A. Elections in single community water districts.   Elections in single community water districts shallrequested pursuant to section 2654, subsection 1, paragraph A or B must be conducted in the same manner as other municipal elections.
 
1-B.  Elections by customers of a public water system.     Elections by customers of a public water system requested pursuant to section 2654, subsection 1, paragraph C or by section 2654, subsection 2, paragraph C must be conducted by the public water system according to procedures adopted by the public water system. The treasurer of the public water system shall notify its customers of the results of the election.
 
2. Reporting election results.   Each municipal clerk shall certify in writing the results of the election within 72 hours of the vote to the Secretary of State. The results shallmust be certified as to the number of eligible voters voting in favor of fluoridation and the number of eligible voters voting in opposition to fluoridation. The municipality shall also certify to the Secretary of State the identity of the relevant public water district or districts involved. This subsection applies only to elections held pursuant to subsections 1 and 1-A.
 
3. Vote tabulation.   The Secretary of State shall, within 48 hours of receiving the last written certification, tabulate the votes from each municipality and immediately make public the results of the multiple community water system district-wide election by mailing to each affected municipality and public water system the results of the election, including the submitted votes from that municipality and public water system zone and the total multiple community water system district-wide vote. This subsection applies only to elections held pursuant to subsections 1 and 1-A.
 
SUMMARY
Current law allows the voters of a single or multiple community water district to vote by municipal election on fluoridating their water supply. This bill allows customers of a public water system to vote on fluoridating their water supply.