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House passes bill allowing shareholder votes on fluoride in privately held water systems

Utah House of Representatives · February 7, 2008
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Summary

The Utah House on its 18th day passed House Bill 116 to allow privately held, shareholder-owned water corporations to add or remove fluoride by a shareholder vote. Supporters framed it as a private property-rights clarification; opponents warned it could undercut pending court review and public health planning.

The Utah House passed House Bill 116 on a recorded vote of 56-14 (5 absent), sending the measure to the Senate. The bill clarifies that a supplier of a public water system that is a privately held corporation may add or remove fluoride (described in the bill text as 'fluorine' in some lines of the transcript) from the system’s water supply only if authorized by a majority vote of the corporation’s shareholders.

Sponsor Representative Sylvia Anderson said the measure is intended to distinguish privately held water corporations from municipal, county or state systems and to protect private property rights. "Their shareholders are the users of this water, and they want a voice in what happens to the assets of their corporation," Anderson said during floor remarks.

Opponents raised legal and public-health concerns. Representative Allen said the bill appeared to be designed to help a single company — Holiday Water — and called it "an end run around the courts," noting a pending lawsuit over the company’s fluoridation status. Allen urged colleagues to consider the statutory definition of "public water system," which can include private companies once they meet thresholds for service connections or population served.

Supporters argued the bill responds to practical burdens and costs for small shareholder systems and to instances where water sources and delivery are structured as private corporate assets. Representative Moss, who identified herself as a Holiday Water shareholder, described technical and cost challenges for small spring systems and said the measure protects private property rights.

The bill’s text includes a carve-out addressing emergency or interconnection situations: a corporation shareholder vote required under the bill "does not require another public water system, including a public water system that provides water to the corporation, to add or remove fluoride from the public water system's water supply." Supporters said that language preserves continuity of service when small systems contract with or receive supply from larger public systems.

The House debate referenced Utah Code definitions (discussed in floor remarks and noted in the transcript) to explain which entities the bill is intended to cover; the sponsor and supporters repeatedly emphasized the measure targets privately held water corporations rather than municipal or county water systems. The measure passed and was forwarded to the Senate for further consideration.

The House recorded the final vote as 56 yes, 14 no, 5 absent.