AN ACT Relating to blood testing; amending RCW 26.04.210; adding new sections to chapter 26.04 RCW; creating a new section; repealing RCW 26.04.180; prescribing penalties; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that acquired immune deficiency syndrome (AIDS) is a deadly communicable disease and that identification of individuals infected with AIDS by testing the blood of persons applying for a marriage license is a significant and essential means of protecting the public health, controlling the transmission of AIDS, and preventing persons seeking to be married, and their potential children, from exposure to and infection by the AIDS virus.

NEW SECTION. Sec. 2. Any person applying for a marriage license shall submit to a test for AIDS, pre-AIDS, or the AIDS antibody and for any contagious, infectious, and communicable venereal disease, including, but not limited to, syphilis, gonorrhea, and herpes simplex II. The applicant shall submit to the county auditor a certified copy of the test results signed and verified by the attending physician or the owner, director, manager, supervisor, or other person responsible for the operation of the testing facility. The certified copy of the test results shall include the applicant's full legal name, address and telephone number, a brief description of the test given, the date the test was given and the date the test results were confirmed, and the name, address, and telephone number of the testing facility and the verifying physician or other person.

NEW SECTION. Sec. 3. The county auditor shall not issue the marriage license until a duly certified copy of the test results for each applicant has been received and verified by the county auditor. The county auditor may issue the marriage license at the time both the application and the test results for each applicant have been received and filed by the county auditor, but the county auditor shall issue such license no later than the third full day following such time. A marriage license issued pursuant to this chapter shall not be used until three days after the time both the application and test results for each applicant have been received and filed by the county auditor and shall become void if the marriage is not solemnized within sixty days from the date the license was issued, and the county auditor shall notify the applicant in writing of this requirement at the time the license is issued.

NEW SECTION. Sec. 4. All testing information, including the full legal name, address, and telephone number of the person tested, shall remain strictly confidential subject to other provisions of this chapter, and the certified copy of an applicant's test results shall not be open to public inspection as a part of the records of the office of the county auditor. Prior to issuing a marriage license, the county auditor, or his or her designated representative, shall notify both applicants in person of the test results of each applicant, and if either or both of the applicants have tested positive for AIDS, pre-AIDS, or the AIDS antibody, or for any contagious venereal disease, the county auditor shall provide the applicants with information concerning such diseases obtained from the local health department and shall inform both applicants of the provisions of chapter 70.24 RCW and RCW 70.54.050.

NEW SECTION. Sec. 5. Every person violating or failing to comply with any provision of sections 2 through 4 of this act is guilty of a misdemeanor.

Sec. 6. Sections 13 and 14, page 83, Laws of 1866 as last amended by section 5, chapter 82, Laws of 1985 and RCW 26.04.210 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 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. 7. Section 1, chapter 107, Laws of 1953, section 3, chapter 230, Laws of 1963, section 1, chapter 128, Laws of 1979 ex. sess., section 4, chapter 82, Laws of 1985 and RCW 26.04.180 are each repealed.

NEW SECTION. Sec. 8. Sections 2 through 5 of this act are each added to chapter 26.04 RCW.

NEW SECTION. Sec. 9. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 10. This act is necessary for the immediate preservation of the public peace, health, morals, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.