BILL REQ. #:  H-2294.1 

READ FIRST TIME 03/05/03.   

     AN ACT Relating to providing for a public vote on the fluoridation of public water supplies; amending RCW 70.05.060; creating a new section; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that it is in the public interest for the registered voters affected by a fluoridation proposal to make the final decision on whether to fluoridate a public water system as defined by RCW 70.116.030. The legislature further finds that fluoridation decisions are best made by voters prior to the addition of fluoride to public water systems.

Sec. 2   RCW 70.05.060 and 1991 c 3 s 308 are each amended to read as follows:
     (1) Except as provided in subsection (2) of this section, each local board of health shall have supervision over all matters pertaining to the preservation of the life and health of the people within its jurisdiction and shall:
     (((1))) (a) Enforce through the local health officer or the administrative officer appointed under RCW 70.05.040, if any, the public health statutes of the state and rules promulgated by the state board of health and the secretary of health;
     (((2))) (b) Supervise the maintenance of all health and sanitary measures for the protection of the public health within its jurisdiction;
     (((3))) (c) Enact such local rules and regulations as are necessary in order to preserve, promote and improve the public health and provide for the enforcement thereof;
     (((4))) (d) Provide for the control and prevention of any dangerous, contagious or infectious disease within the jurisdiction of the local health department;
     (((5))) (e) Provide for the prevention, control and abatement of nuisances detrimental to the public health;
     (((6))) (f) Make such reports to the state board of health through the local health officer or the administrative officer as the state board of health may require; and
     (((7))) (g) Establish fee schedules for issuing or renewing licenses or permits or for such other services as are authorized by the law and the rules of the state board of health: PROVIDED, That such fees for services shall not exceed the actual cost of providing any such services.
     (2) A local board of health shall not authorize the fluoridation of a public water system as defined by RCW 70.116.030 unless:
     (a) A majority of the members of a local board of health vote to request the county legislative authority to cause a proposition of fluoridation of a public water system to be submitted to the registered voters residing within the area described in the board's proposition of fluoridation at a general or special election; and
     (b) Following an election as provided in this subsection, a majority of the votes cast on the proposition are in favor of fluoridation.

NEW SECTION.  Sec. 3   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.