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Arkansas General Assembly· SB 4Died in Senate Committee at Sine Die adjournment.

An act TO AMEND THE LAW CONCERNING PUBLIC WATER 10 SYSTEMS, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas                         A Bill
2 95th General Assembly

3 Regular Session, 2025                                             SENATE BILL 4

4

5 By: Senators C. Penzo, B. King

6 By: Representatives Duffield, Pilkington

7

8                                 For An Act To Be Entitled

9   AN ACT TO AMEND THE LAW CONCERNING PUBLIC WATER

10  SYSTEMS; TO ALLOW VOTERS TO ELECT "FOR" OR "AGAINST"

11  WATER FLUORIDATION; AND FOR OTHER PURPOSES.

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13

14                                          Subtitle

15                       TO AMEND THE LAW CONCERNING PUBLIC WATER

16                       SYSTEMS; AND TO ALLOW VOTERS TO ELECT

17                       "FOR" OR "AGAINST" WATER FLUORIDATION.

18

19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

20

21  SECTION 1. Arkansas Code Title 14, Chapter 116, Subchapter 1, is

22 amended to add an additional section to read as follows:

23  14-116-108. Election for fluoridation of water -- Definition.

24  (a) Customers of a public water system shall have the option to hold

25 an election of the qualified electors of the public water system to determine

26 whether or not the public water system shall fluoridate the water.

27  (b)(1) An election under this section may be called by:

28                       (A) Majority vote of the board of directors of the public

29 water system;

30                       (B) A petition signed by no less than ten percent (10%) of

31 the qualified electors in the public water system;

32                       (C) Majority vote of the board of directors or city

33 council of a city supplied by the public water system; or

34                       (D) Majority vote of the quorum court of a county supplied

35 by the public water system.

36  (2)(A) Except as provided under subdivision (b)(2)(B) of this

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1 section, an election under this section shall be held at the next general

2 election.

3            (B) A subsequent election in the public water system under

4 this section shall not be held earlier than four (4) years after an election

5 is held under this section.

6            (3) Except as provided in this section, the election under this

7 section shall be held and conducted in accordance with the general election

8 laws of this state.

9            (4) The question of whether to fluoridate the water in the

10 public water system shall be placed upon the ballots of the qualified

11 electors in the following form:

12           "___ FOR THE FLUORIDATION OF WATER IN [DESCRIPTION OF THE

13 PUBLIC WATER SYSTEM]

14           ___ AGAINST THE FLUORIDATION OF WATER IN [DESCRIPTION OF

15 PUBLIC WATER SYSTEM].".

16  (c)(1) The petition under this section shall be filed with the county

17 clerk of each county within the public water system no less than one hundred

18 twenty (120) days before the general election.

19           (2) No more than ten (10) days after the filing of the petition

20 under subdivision (c)(1) of this section, the county clerk shall:

21           (A) Verify the petition;

22           (B) Certify the petition; and

23           (C) Notify the county boards of election commissioners for

24 the counties within the public water system and the board of directors of the

25 public water system of the verification and certification of the petition.

26           (3) The petition shall clearly state:

27           (A) The boundaries of the public water system; and

28           (B) That the petition is to elect "for" or "against"

29 fluoridation of the water in the public water system.

30  (d) If the majority of the qualified electors of the public water

31 system elect to prohibit fluoridation of water, the public water system shall

32 cease fluoridation of the water within thirty (30) days of the certification

33 of the election results.

34  (e) As used in this section, "public water system" means a facility,

35 including without limitation a parent system, consecutive system, or other

36 system, that holds, treats, and supplies water directly or through a

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1 consecutive system or consecutive systems to five thousand (5,000) persons or

2 more.

3

4        SECTION 2. Arkansas Code � 20-7-136(b), concerning a statewide

5 fluoridation program, is amended to read as follows:

6        (b) The Unless a majority of the qualified electors of the public

7 water system have elected to prohibit fluoridation of water under � 14-116-

8 108, the company, corporation, municipality, county, government agency, or

9 other entity that owns or controls a water system shall control the quantity

10 of fluoride in the water so as to maintain a fluoride content established by

11 the Department of Health.

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