H-339                _______________________________________________

                                                    HOUSE BILL NO. 142

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State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Rayburn, Dellwo, Ballard and Baugher

Read first time 1/21/85 and referred to Committee on Local Government.

AN ACT Relating to marriages; and amending RCW 26.04.140, 26.04.160, 26.04.170, 26.04.180, and 26.04.210.

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

        Sec. 1.  Section 2, chapter 204, Laws of 1939 and RCW 26.04.140 are each amended to read as follows:

          Before any persons can be joined in marriage, they shall procure a license from a county auditor, as provided in RCW 26.04.150 through 26.04.190 ((provided, authorizing any person or religious organization or congregation to join together the persons therein named as husband and wife)).

        Sec. 2.  Section 4, chapter 204, Laws of 1939 as amended by section 7, chapter 26, Laws of 1967 and RCW 26.04.160 are each amended to read as follows:

          Application for such marriage license must be made and filed with the appropriate county auditor upon blanks to be provided by the county auditor for that purpose ((at least three full days before the license shall be issued)), which application shall be under the oath of each of the applicants, and each application shall state the name, address at the time of execution of application, age, ((color, occupation,)) birthplace, whether single, widowed or divorced, and whether under control of a guardian, residence during the past six months((, together with the name and address of at least one competent witness who can testify that the residence given by the applicant is bona fide)):  PROVIDED, That each county may require such other and further information on said application as it shall deem necessary.

        Sec. 3.  Section 5, chapter 204, Laws of 1939 and RCW 26.04.170 are each amended to read as follows:

          Any such application shall be open to public inspection as a part of the records of the office of such county auditor((, and all applications which have been filed within three days shall be kept separately, and readily accessible to public examination)).

        Sec. 4.  Section 1, chapter 107, Laws of 1953 as last amended by section 1, chapter 128, Laws of 1979 ex. sess. and RCW 26.04.180 are each amended to read as follows:

          ((The county auditor shall issue no license until the third full day following the filing of the application, exclusive of the date of filing.)) The county auditor may issue the marriage license at the time of application, but shall issue such license no later than the third full day following the date of the application.  A marriage license issued pursuant to the provisions of this chapter may not be used until three days after the date of application and shall become void if the marriage is not solemnized within sixty days of the date of the issuance of the license, and the county auditor shall notify the applicant in writing  of this requirement at the time of issuance of the license.

        Sec. 5.  Sections 13 and 14, page 83, Laws of 1866 as last amended by section 2, chapter 128, Laws of 1979 ex. sess. 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((.  He shall also require an affidavit of some disinterested credible person showing that neither of said persons is)), that they are not an habitual criminal, 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.