S-3037.2          _______________________________________________

                                 SENATE BILL 6045

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By Senators L. Smith and Rasmussen

Read first time 01/13/92.  Referred to Committee on Governmental Operations.Requiring proof of HIV/AIDS and syphilis test as a condition for issuance of a marriage license.

     AN ACT Relating to marriage licenses; amending RCW 26.04.210; and adding a new section to chapter 70.24 RCW.

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

     Sec. 1.  RCW 26.04.210 and 1985 c 82 s 5 are each amended to read as follows:

     The county auditor, before a marriage license is issued, upon the payment of a license fee as fixed in RCW 36.18.010 shall require each applicant therefor to make and file in his office upon blanks to be provided by the county for that purpose, an affidavit showing that ((they are not afflicted with any contagious venereal disease)) the tests required by section 2 of this act have been performed and that each spousal applicant is aware of the test results of the other and that the applicants are the age of eighteen years or over:  PROVIDED, FURTHER, That if the consent in writing is obtained of the father, mother, or legal guardian of the person for whom the license is required, the license may be granted in cases where the female has attained the age of seventeen years or the male has attained the age of seventeen years.  Such affidavit may be subscribed and sworn to before any person authorized to administer oaths.  Anyone knowingly swearing falsely to any of the statements contained in the affidavits mentioned in this section shall be deemed guilty of perjury and punished as provided by the laws of the state of Washington.

NEW SECTION. Sec. 2.  A new section is added to chapter 70.24 RCW to read as follows:

     Each person applying for a marriage license in the state of Washington must provide proof by affidavit under RCW 26.04.210 of having had a test of his or her blood for the detection of AIDS/HIV and syphilis within thirty days immediately prior to the date of the application for the license and must also include on the affidavit that he or she is aware of the test results of his or her spousal applicant.