SB 6081

CERTIFICATION OF ENROLLMENT
  SUBSTITUTE SENATE BILL 6081
  Chapter 56, Laws of 2026
  69th Legislature
  2026 Regular Session
   GOVERNMENT RECORDS—PRIVACY—SEX DESIGNATION CHANGES
  EFFECTIVE DATE: March 16, 2026
Passed by the Senate February 11,  CERTIFICATE
2026
  Yeas 30 Nays 19  I, Sarah Bannister, Secretary of
  the   Senate   of   the   State  of
  Washington, do hereby certify that
  DENNY HECK  the attached is SUBSTITUTE SENATE
President of the Senate  BILL 6081 as passed by the Senate
  and the House of Representatives on
  the dates hereon set forth.
Passed by the House March 3, 2026
  Yeas 57 Nays 36  SARAH BANNISTER
  Secretary
  LAURIE JINKINS
Speaker of the House of
Representatives
Approved March 16, 2026 10:09 AM  FILED
  March 17, 2026
  Secretary of State
  BOB FERGUSON  State of Washington
Governor of the State of Washington
  SUBSTITUTE SENATE BILL 6081
  Passed Legislature - 2026 Regular Session
State of Washington  69th Legislature        2026 Regular Session
By Senate Transportation (originally sponsored by Senators Pedersen,
Liias, Bateman, Dhingra, Frame, Hasegawa, Nobles, Saldaña, Stanford,
Valdez, and C. Wilson)
READ FIRST TIME 02/06/26.
1      AN ACT Relating to protecting Washingtonians from invasion of
2  privacy, including the unauthorized disclosure of sex designation
3  information and historic sex designation changes in official
4  government records; amending RCW 46.20.091, 46.20.156, 46.20.157,
5  70.58A.500, 70.58A.510, 70.58A.520, 70.58A.530, and 70.58A.540;
6  reenacting and amending RCW 42.56.230; adding a new section to
7  chapter 46.20 RCW; and declaring an emergency.
8  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
9     Sec. 1. RCW 42.56.230 and 2023 c 361 s 14, 2023 c 346 s 1, and
10 2023 c 182 s 2 are each reenacted and amended to read as follows:
11     The following personal information is exempt from public
12 inspection and copying under this chapter:
13     (1) Personal information in any files maintained for students in
14 public schools, patients or clients of public institutions or public
15 health agencies, or welfare recipients;
16     (2)(a) Personal information:
17     (i) For a child enrolled in licensed child care in any files
18 maintained by the department of children, youth, and families;
19     (ii) For a child enrolled in a public or nonprofit program
20 serving or pertaining to children, adolescents, or students,
21 including but not limited to early learning or child care services,
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1 parks and recreation programs, youth development programs, and after-
2 school programs;
3     (iii) For a student enrolled or previously enrolled in a local
4 education agency, in any records pertaining to the student, including
5 correspondence;
6     (iv) For the family members or guardians of a child who is
7 subject to the exemption under this subsection (2) if the family
8 member or guardian has the same last name as the child or if the
9 family member or guardian resides at the same address as the child
10 and disclosure of the family member's or guardian's information would
11 result in disclosure of the personal information exempted under
12 (a)(i) through (iii) of this subsection; or
13     (v) For substitute caregivers who are licensed or approved to
14 provide overnight care of children by the department of children,
15 youth, and families.
16     (b) Emergency contact information under this subsection (2) may
17 be provided to appropriate authorities and medical personnel for the
18 purpose of treating the individual during an emergency situation;
19     (3) Personal information in files maintained for employees,
20 appointees, or elected officials of any public agency to the extent
21 that disclosure would violate their right to privacy;
22     (4) Information required of any taxpayer in connection with the
23 assessment or collection of any tax if the disclosure of the
24 information to other persons would: (a) Be prohibited to such persons
25 by RCW 84.08.210, 82.32.330, 84.40.020, 84.40.340, or any ordinance
26 authorized under RCW 35.102.145; or (b) violate the taxpayer's right
27 to privacy or result in unfair competitive disadvantage to the
28 taxpayer;
29     (5) Credit card numbers, debit card numbers, electronic check
30 numbers, card expiration dates, or bank or other financial
31 information as defined in RCW 9.35.005 including social security
32 numbers, except when disclosure is expressly required by or governed
33 by other law;
34     (6) Personal and financial information related to a small loan or
35 any system of authorizing a small loan in RCW 31.45.093;
36     (7)(a) Any record or information used to prove identity, age,
37 residential address, social security number, sex designation, or
38 other personal information required to apply for, renew, or make
39 changes to a driver's license, instruction permit, or identicard.
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1     (b) Information provided under RCW 46.20.111 that indicates that
2 an applicant declined to register with the selective service system.
3     (c) Any record pertaining to a vehicle license plate, driver's
4 license, or identicard issued under RCW 46.08.066 that, alone or in
5 combination with any other records, may reveal the identity of an
6 individual, the sex designation of an individual, or reveal that an
7 individual is or was, performing an undercover or covert law
8 enforcement, confidential public health work, public assistance
9 fraud, or child support investigative activity. This exemption does
10 not prevent the release of the total number of vehicle license
11 plates, drivers' licenses, or identicards that, under RCW 46.08.066,
12 an agency or department has applied for, been issued, denied,
13 returned, destroyed, lost, and reported for misuse.
14     (d) Any record pertaining to a vessel registration issued under
15 RCW 88.02.330 that, alone or in combination with any other records,
16 may reveal the identity of an individual, or reveal that an
17 individual is or was, performing an undercover or covert law
18 enforcement activity. This exemption does not prevent the release of
19 the total number of vessel registrations that, under RCW 88.02.330,
20 an agency or department has applied for, been issued, denied,
21 returned, destroyed, lost, and reported for misuse.
22     Upon request by the legislature, the department of licensing
23 shall provide a report to the legislature containing all of the
24 information in (c) of this subsection (7) and this subsection (7)(d)
25 that is subject to public disclosure;
26     (8) All information related to individual claim resolution
27 settlement agreements submitted to the board of industrial insurance
28 appeals under RCW 51.04.063, other than final orders from the board
29 of industrial insurance appeals. The board of industrial insurance
30 appeals shall provide to the department of labor and industries
31 copies of all final claim resolution settlement agreements;
32     (9) Voluntarily submitted information contained in a database
33 that is part of or associated with 911 emergency communications
34 systems, or information contained or used in emergency notification
35 systems as provided under RCW 38.52.575 and 38.52.577;
36     (10) Information relating to a future voter, as provided in RCW
37 29A.08.725;
38     (11) All information submitted by a person to the state, either
39 directly or through a state-licensed gambling establishment, or
40 Indian tribes, or tribal enterprises that own gambling operations or
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1 facilities with class III gaming compacts, as part of the self-
2 exclusion program established in RCW 9.46.071 or 67.70.040 for people
3 with a gambling problem or gambling disorder;
4     (12)   Names,  addresses,   or  other   personal  information  of
5 individuals who participated in the bump-fire stock buy-back program
6 under former RCW 43.43.920; ((and))
7     (13) All personal and financial information concerning a player
8 that is received or maintained by the state lottery or any contracted
9 lottery vendor except the player's name and city or town of
10 residence. Additional information may be released only in accordance
11 with prior written permission from the player; and
12     (14) Information collected from individuals who have requested or
13 previously requested changes to sex designation for vital records
14 under chapter 70.58A RCW.
15     NEW SECTION.   Sec. 2.   A new section is added to chapter 46.20
16 RCW to read as follows:
17     (1) The department may not display, transmit, or otherwise make
18 available any record or supporting documentation of a person's sex
19 designation change except with the consent of the person, given for a
20 specific purpose.
21     (2) Credentials and digital records issued after a change to sex
22 designation must contain only the current sex designation and no
23 indicator that a change occurred.
24     Sec. 3.    RCW 46.20.091 and 2021 c 158 s 4 are each amended to
25 read as follows:
26      (1) Application. In order to apply for a driver's license or
27 instruction permit the applicant must provide the applicant's:
28      (a) Name of record, as established by documentation required
29 under RCW 46.20.035;
30     (b) Date of birth, as established by satisfactory evidence of
31 age;
32      (c) Sex;
33      (d) Washington residence address;
34      (e) Description;
35      (f) Driving licensing history, including:
36      (i) Whether the applicant has ever been licensed as a driver or
37 chauffeur and, if so, (A) when and by what state or country; (B)
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1 whether the license has ever been suspended or revoked; and (C) the
2 date of and reason for the suspension or revocation; or
3     (ii) Whether the applicant's application to another state or
4 country for a driver's license has ever been refused and, if so, the
5 date of and reason for the refusal; and
6     (g) Any additional information required by the department.
7     (2) Sworn statement. An application for an instruction permit or
8 for an original driver's license must be made upon a form provided by
9 the department. The form must include a section for the applicant to
10 indicate whether the applicant has received driver training and, if
11 so, where. The identifying documentation verifying the name of record
12 must be accompanied by the applicant's sworn statement that it is
13 valid. For an original driver's license, the information provided on
14 the form must be sworn to and signed by the applicant before a person
15 authorized to administer oaths. An applicant who makes a false
16 statement on an application for a driver's license or instruction
17 permit is guilty of false swearing, a gross misdemeanor, under RCW
18 9A.72.040.
19     (3) Driving records from other jurisdictions. If a person
20 previously licensed in another jurisdiction applies for a Washington
21 driver's license, the department shall request a copy of the
22 applicant's driver's record from the other jurisdiction. The driving
23 record from the other jurisdiction becomes a part of the driver's
24 record in this state.
25     (4)   Driving  records   to   other  jurisdictions.   If   another
26 jurisdiction requests a copy of a person's Washington driver's
27 record, the department shall provide a copy of the record. The
28 department shall forward the record without charge if the other
29 jurisdiction extends the same privilege to the state of Washington.
30 Records and supporting documentation of a person's sex designation
31 change are considered sensitive information and must be excluded from
32 any records transmitted to other jurisdictions except with the
33 consent of the person, given for a specific purpose. Otherwise the
34 department shall charge a reasonable fee for transmittal of the
35 record.
36     Sec. 4.   RCW 46.20.156 and 2023 c 466 s 22 are each amended to
37 read as follows:
38     (1) For persons ((eighteen)) 18 years of age or older who meet
39 requirements for voter registration and persons ((sixteen)) 16 or
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1 ((seventeen)) 17 years of age who meet requirements to sign up to
2 register to vote, who have been issued or are renewing an enhanced
3 driver's license or identicard under RCW 46.20.202 or applying for a
4 change of address for an existing enhanced driver's license or
5 identicard pursuant to RCW 46.20.205, the department shall produce
6 and transmit to the secretary of state the following information from
7 the records of each individual: The name, address, date of birth,
8 gender of the applicant if provided, the driver's license number,
9 signature image, any language preference information collected, any
10 phone number provided by the voter, any email address provided by the
11 voter, and the date on which the application was submitted. The
12 department and the secretary of state shall process information as an
13 automated application on a daily basis. If requested by the secretary
14 of state, the department shall provide copies of the documents
15 submitted to prove citizenship for an individual subject to this
16 section.
17     (2) Credentials and digital records issued after a change to sex
18 designation must contain only the current sex designation and no
19 indicator that a change occurred.
20     Sec. 5.   RCW 46.20.157 and 2024 c 54 s 57 are each amended to
21 read as follows:
22     (1) Except as provided in subsection (2) of this section, the
23 department shall annually provide to Washington technology solutions
24 an electronic data file. The data file must:
25     (a) Contain information on all licensed drivers and identicard
26 holders who are ((eighteen)) 18 years of age or older and whose
27 records have not expired for more than two years;
28     (b) Be provided at no charge; and
29     (c) Contain the following information on each such person: Full
30 name, date of birth, residence address including county, sex, and
31 most recent date of application, renewal, replacement, or change of
32 driver's license or identicard.
33     (2)(a) Before complying with subsection (1) of this section, the
34 department shall remove from the file the names of any certified
35 participants in the Washington state address confidentiality program
36 under chapter 40.24 RCW that have been identified to the department
37 by the secretary of state.
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1      (b) Credentials and digital records issued after a change to sex
2  designation must contain only the current sex designation and no
3  indicator that a change occurred.
4     Sec. 6. RCW 70.58A.500 and 2019 c 148 s 18 are each amended to
5 read as follows:
6     (1) The state registrar may amend certification items on state
7 vital records.
8     (2) The state registrar may amend a live birth record to change
9 the name of a person born in state:
10     (a) Upon receipt of a complete and signed amendment application
11 with applicable fees and a certified copy of an order of a court of
12 competent jurisdiction, including the name of the person as it
13 appears on the current live birth record and the new name to be
14 designated on the amended live birth record, under RCW 4.24.130; or
15     (b) As authorized under 18 U.S.C. Sec. 3521, the federal witness
16 relocation and protection act.
17     (3) The state registrar shall seal the original live birth record
18 amended under subsection (2)(b) of this section. The sealed record is
19 not subject to public inspection and copying under chapter 42.56 RCW
20 except upon order of a court of competent jurisdiction.
21     (4)(a) The state registrar may amend a vital record to change the
22 sex designation of the subject of the record. The state registrar
23 shall include a nonbinary option for sex designation on the record.
24     (b) Supporting documentation related to sex designation changes
25 shall be sealed by the state registrar and constitute supporting
26 documentation for the purposes of RCW 42.56.365 and 70.58A.540.
27     (5) The state registrar may amend vital records for purposes
28 other than those established in this section.
29     (6) The state registrar may deny an application to amend a vital
30 record when:
31     (a) The application is not completed or filed in accordance with
32 this chapter;
33     (b) The state registrar has cause to question the validity or
34 adequacy of the applicant's statements or documentary evidence; or
35     (c) The deficiencies under (a) or (b) of this subsection are not
36 addressed to the satisfaction of the state registrar.
37     (7) The state registrar shall provide notice of the denial of an
38 application to amend a vital record and state the reasons for the
39 denial. If the state registrar denies an amendment to a vital record
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1  under the provisions of this      section,   a   person   may   appeal   the
2  decision under RCW 70.58A.550.
3     Sec. 7. RCW 70.58A.510 and 2019 c 148 s 19 are each amended to
4 read as follows:
5     (1)   The   state  registrar  shall   develop   and  implement  a
6 preservation management policy for the vital records system for
7 permanent preservation while in the custody of the state registrar.
8     (2) The state registrar shall transfer the custody of vital
9 records to the state archives in accordance with state archival
10 procedures when:
11     (a) One hundred years have elapsed after the date of live birth
12 or fetal death;
13     (b) Twenty-five years have elapsed after the date of death; and
14     (c) Twenty-five years have elapsed after the date of marriage,
15 divorce,    dissolution  of   marriage,    dissolution    of    domestic
16 partnership, declaration of invalidity of marriage, declaration of
17 invalidity of domestic partnership, or legal separation.
18     (3) The state archives may provide noncertified copies of
19 original vital records in the custody of the state archives, due to a
20 transfer under subsection (2) of this section, to the public.
21     (4) The state archives may not:
22     (a) Charge the department a fee or pass along costs to transfer
23 the vital records to state archives or maintain the vital records in
24 the state archives, other than those charged through the central
25 services billing model for the cost of operating the state archives;
26 or
27     (b) Alter, amend, or delete certification items on the vital
28 records.
29     (5) Sealed records must remain sealed and in the custody of the
30 department.
31     (6) In consultation with the state archives, the state registrar
32 shall prescribe the format and method of delivery of vital records
33 transferred to the state archives.
34     (7) The department may retain records for the purpose of issuing
35 certifications under RCW 70.58A.530.
36     (8) The state archives shall not make publicly available or
37 disclose to any recipient other than the department any supporting
38 documentation    related to   sex   designation   changes    that   were
39 transferred pursuant to this section.
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1     Sec. 8. RCW 70.58A.520 and 2019 c 148 s 20 are each amended to
2 read as follows:
3     (1) The department may disclose vital records information for
4 persons named in any birth, death, or fetal death record only as
5 provided under this chapter.
6     (2) Proposals for research and public health purposes must be
7 reviewed and approved as to scientific merit and adequacy of
8 confidentiality safeguards in accordance with this section.
9     (3) The department may release birth and fetal death record data
10 that includes direct identifiers for research with approval of the
11 state   institutional  review   board   and   receipt  of   a signed
12 confidentiality agreement with the department.
13     (4) The department may release birth and fetal death record data
14 that includes direct identifiers for nonresearch public health
15 purposes to a government agency upon receipt of a signed written
16 data-sharing agreement with the department.
17     (5) The department may release birth and fetal death record data
18 that contains only indirect identifiers to anyone upon receipt of a
19 signed written data-sharing agreement with the department.
20     (6) The department may release death record data to anyone upon
21 approval of the department and receipt of a signed written data-
22 sharing agreement with the department.
23     (7) A written data-sharing agreement required under subsections
24 (4) through (6) and (14) through (17) of this section must, at a
25 minimum:
26     (a) Include a description of the type of data needed and the
27 purpose for how the data will be used;
28     (b) Include the methods to be used to protect the confidentiality
29 and security of the data;
30     (c) State that ownership of the data provided under this section
31 remains with the department, and is not transferred to those
32 authorized to receive and use the data under the agreement; and
33     (d) Include the applicable fees for use of the data.
34     (8) In addition to the conditions required by subsection (7) of
35 this section, the written data-sharing agreement for birth and fetal
36 death record data for public health purposes under subsection (4) of
37 this section must:
38     (a) Prohibit redisclosure of any direct or indirect identifiers
39 without explicit permission from the department; and
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1     (b) Prohibit the recipient of the data from contacting or
2 attempting to contact the person whose information is included in the
3 data set or that person's family members without explicit permission
4 from the department.
5     (9) In addition to the conditions required by subsection (7) of
6 this section, the written data-sharing agreement for birth or fetal
7 death record data with indirect identifiers under subsection (5) of
8 this section must prohibit the recipient of the data from attempting
9 to determine the identity of persons whose information is included in
10 the data set or use the data in any manner that identifies
11 individuals or their family members.
12     (10) The department and the state institutional review board
13 shall apply the most restrictive law governing data release to
14 proposals for research and public health purposes requesting data
15 sets with direct identifiers for linkage to other data sets.
16     (11) The department may provide the fewest birth and fetal death
17 record data elements necessary for the purpose described in the
18 proposal for research or public health purposes.
19     (12) The department may deny a request for data for cause
20 including, but not limited to, when:
21     (a) Indirect identifiers are sufficient for the purpose described
22 in the proposal for research or public health purposes;
23     (b) The research or public health proposal lacks scientific
24 merit;
25     (c) The department lacks resources or the request would result in
26 an unreasonable use of resources related to data preparation and
27 analysis;
28     (d) The requestor cannot meet the requirements in a data-sharing
29 agreement for protecting the confidentiality of the data; ((or))
30     (e) The requestor is out of compliance with an existing data-
31 sharing agreement; or
32     (f) The department determines that there is a reasonable
33 possibility of the data being used to cause or enable harm or
34 disenfranchisement or that its use could reasonably result in
35 disparate impact on the data subject or that otherwise fulfilling the
36 request would not be in the public interest.
37     (13) The department must provide notice of the denial to the
38 requestor and include a statement of the reasons for the denial. If
39 the state registrar denies a request for data under the provisions of
40 this section, a person may appeal the decision under RCW 70.58A.550.
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1     (14) The department may release vital records to government
2 agencies in the conduct of official duties upon approval of the state
3 registrar and receipt of a signed written data-sharing agreement with
4 the department that prohibits redisclosure of any direct or indirect
5 identifiers without explicit permission from the department. Vital
6 records information released by the department under this subsection
7 may be limited to only the information necessary to perform the
8 official duties of the agencies to which the information is released.
9 The department may deny requests according to subsection (12) of this
10 section. Government agencies may access records electronically and
11 use of records must be limited to the information needed for official
12 business. The agreement may include cost sharing for support of the
13 electronic system.
14     (15) The department shall make available to the department of
15 social and health services, division of child support, the social
16 security numbers of parents listed on birth records as required for
17 establishing child support upon receipt of a signed written data-
18 sharing agreement with the department.
19     (16) The department may release vital records to the national
20 center for health statistics to be used solely for national
21 statistics upon approval of the state registrar and receipt of a
22 signed written data-sharing agreement with the department.
23     (17) The department may release copies of vital records through
24 an interjurisdictional exchange agreement to offices of vital
25 statistics in states or territories of the United States, the
26 District of Columbia, New York City, or neighboring countries. The
27 records must relate to a resident of, a person born in, or a person
28 who died in the requesting state, territory, the District of
29 Columbia, New York City, or neighboring country.
30     (18) The department may release indices of death, marriage, and
31 divorce records annually to the state archives.
32     (19) Nothing in this chapter may be construed as giving authority
33 to the state or local registrar, department, government agencies, or
34 data recipients to sell or provide access to lists of individuals
35 when requested for commercial purposes.
36     (20) For the purposes of this section:
37     (a) "Data" means a data file containing multiple records.
38     (b) "Direct identifier" means a single data element that
39 identifies an individual person.
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1     (c) "Indirect identifier" means a single data element that on its
2 own does not identify an individual person, but when combined with
3 other indirect identifiers can be used to identify an individual
4 person.
5     (d) "Public health purpose" means a purpose that seeks to support
6 or evaluate public health activities which include, but are not
7 limited to, health surveillance; identifying population health
8 trends;   health  assessments;   implementing   educational   programs;
9 program evaluation; developing and implementing policies; determining
10 needs for access to services and administering services; creating
11 emergency   response   plans;  promoting    healthy   lifestyles;   and
12 preventing, detecting, and responding to infectious diseases, injury,
13 and chronic and inheritable conditions. Public health purpose does
14 not include research as defined in this section.
15     (e) "Research" means a systematic investigation, including
16 research development, testing, and evaluation, designed to develop or
17 contribute to generalizable knowledge. Activities that meet this
18 definition constitute research for purposes of this policy, whether
19 or not they are conducted or supported under a program that is
20 considered research for other purposes.
21     Sec. 9.   RCW 70.58A.530 and 2025 c 37 s 1 are each amended to
22 read as follows:
23     (1)(a) A certification issued in accordance with this section is
24 considered for all purposes the same as the original vital record and
25 is prima facie evidence of the facts stated therein.
26     (b) An informational copy is not considered the same as the
27 original vital record and does not serve as prima facie evidence of
28 the facts stated therein.
29     (2) The state and local registrar shall issue all certifications
30 registered in the vital records system from the state's central vital
31 records system database upon submission by a qualified applicant of
32 all required information and documentation required either by this
33 chapter or by rule, or both, and shall ensure that all certifications
34 include:
35     (a) The date of registration; and
36     (b) Security features that deter altering, counterfeiting, or
37 simulation without ready detection as required under this chapter.
38     (3) A person requesting a certification of birth, death, fetal
39 death, or birth resulting in stillbirth must submit an application,
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1 identity documentation, evidence of eligibility, and the applicable
2 fee established in RCW 70.58A.560 to the state or local registrar.
3     (4) For a certification of birth, the state or local registrar
4 may release the certification only to:
5     (a) The subject of the record or the subject of the record's
6 spouse or domestic partner, child, parent, stepparent, stepchild,
7 sibling,   grandparent,    great   grandparent,   grandchild,    great
8 grandchild, legal guardian, legal representative, or authorized
9 representative; or
10     (b) A government agency or court, if the certification will be
11 used in the conduct of the agency's or court's official duties,
12 unless the department determines that there is a reasonable
13 possibility of the certification being used to cause or enable harm
14 or disenfranchisement or that its use could reasonably result in
15 disparate impact on the data subject or that otherwise fulfilling the
16 request would not be in the public interest.
17     (5) The state registrar may issue an heirloom certification of
18 birth to a qualified applicant consistent with subsection (4) of this
19 section. The heirloom certification of birth must contain the state
20 seal and be signed by the governor.
21     (6) The state registrar may issue a certification of a birth
22 record registered as delayed under RCW 70.58A.120 or 70.58A.130 to a
23 qualified applicant consistent with subsection (4) of this section.
24 The certification must:
25     (a) Be marked as delayed; and
26     (b) Include a description of the evidence or court order number
27 used to establish the delayed record.
28     (7) The state registrar may issue a certification of a birth
29 record for a person adopted under chapter 26.33 RCW and registered
30 under RCW 70.58A.400 to a qualified applicant consistent with
31 subsection (4) of this section. The certification:
32     (a) Must not include reference to the adoption of the child; and
33     (b) For children born outside of the state, must be issued
34 consistent with the certification standards of this section, unless
35 the court orders otherwise.
36     (8) When providing a birth certification to a qualified applicant
37 under this chapter, the state or local registrar shall include
38 information prepared by the department setting forth the advisability
39 of a security freeze under RCW 19.182.230 and the process for
40 acquiring a security freeze.
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1     (9) For a certification of death, the state or local registrar
2 may release the certification only to:
3     (a) The decedent's spouse or domestic partner, child, parent,
4 stepparent, stepchild, sibling, grandparent, great grandparent,
5 grandchild, great grandchild, legal guardian immediately prior to
6 death, legal representative, authorized representative, or next of
7 kin as specified in RCW 11.28.120;
8     (b) A funeral director, the funeral establishment licensed
9 pursuant to chapter 18.39 RCW, or the person having the right to
10 control the disposition of the human remains under RCW 68.50.160
11 named on the death record, within twelve months of the date of death;
12 or
13     (c) A government agency or court, if the certification will be
14 used in the conduct of the agency's or court's official duties.
15     (10) The state or local registrar may issue a short form
16 certification of death that does not display information relating to
17 cause and manner of death to a qualified applicant. In addition to
18 the qualified applicants listed in subsection (9) of this section, a
19 qualified applicant for a short form certification of death includes:
20     (a) A title insurer or title insurance agent handling a
21 transaction involving real property in which the decedent held some
22 right, title, or interest; or
23     (b) A person that demonstrates that the certified copy is
24 necessary for a determination related to the death or the protection
25 of a personal or property right related to the death.
26     (11) The state or local registrar may issue reports of fetal
27 death either as a certification of a fetal death or as a
28 certification of birth resulting in a stillbirth, or both.
29     (12) When issuing a certification of fetal death, the state or
30 local registrar may release the certification only to:
31     (a) A parent, a parent's legal representative, an authorized
32 representative, a sibling, or a grandparent;
33     (b) The funeral director or funeral establishment licensed
34 pursuant to chapter 18.39 RCW and named on the fetal death record,
35 within twelve months of the date of fetal death; or
36     (c) A government agency or court, if the certification will be
37 used in the conduct of the agency's or court's official duties.
38     (13) When issuing a certification of birth resulting in
39 stillbirth,   the  state   or   local   registrar   may  release   the
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1 certification only to the individual who gave birth listed on the
2 fetal death record.
3     (a) A certification of birth resulting in stillbirth must comply
4 with the format requirements prescribed by the state registrar and be
5 in a format similar to a certification of birth.
6     (b) The certification of birth resulting in stillbirth must
7 contain a title at the top of the certification that reads: "This
8 certificate of birth resulting in stillbirth is not proof of a live
9 birth and is not an identity document."
10     (c) Nothing in this subsection (13):
11     (i) May be the basis for a civil cause of action seeking damages
12 or criminal charges against any person or entity for bodily injury,
13 personal injury, or wrongful death for a stillbirth;
14     (ii) Shall alter a woman's rights to reproductive freedom or
15 equal protection under the law, or to alter or supersede any other
16 provision of law; and
17     (iii) Except for the right to request a certification of birth
18 resulting in stillbirth, may constitute the basis of any new right,
19 privilege, or entitlement, or abrogate any existing right, privilege,
20 or entitlement.
21     (14) The state or local registrar shall review the identity
22 documentation and evidence of eligibility to determine if the person
23 requesting the certification is a qualified applicant under this
24 section. The state or local registrar may verify the identity
25 documents and evidence of eligibility to determine the acceptability
26 and   authenticity  of   identity    documentation  and  evidence   of
27 eligibility.
28     (15) The state or local registrar may not issue a certification
29 of birth or fetal death, including a certification of birth resulting
30 in stillbirth, that includes information from the confidential
31 section of record, except as provided in subsection (16) of this
32 section.
33     (16) The state registrar may release information contained in the
34 confidential section of the birth record only to the following
35 persons:
36     (a) The individual who is the subject of the birth record, upon
37 confirmation of documentation and evidence of identity of the
38 requestor in a manner approved by the state board of health and the
39 department.   The  state   registrar   must   limit  the  confidential
40 information provided to the individual who is the subject of the
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1 birth record's information, and may not include the parent's
2 confidential information; or
3     (b) A member of the public, upon order of a court of competent
4 jurisdiction.
5     (17) A person requesting a certification of marriage, dissolution
6 of marriage, or dissolution of domestic partnership currently held by
7 the department must submit an application and the applicable fee
8 established in RCW 70.58A.560 to the state registrar.
9     (18) The state registrar may mark deceased on a birth
10 certification when that birth record is matched to a death record
11 under RCW 70.58A.060.
12     (19) The state or local registrar must issue an informational
13 copy from the central vital records system to anyone. Informational
14 copies   must  contain   only  the    information  allowed  by  rule.
15 Informational copies of death records must not display information
16 related to cause and manner of death.
17     (20) A person requesting an informational copy must submit an
18 application and the applicable fee established in RCW 70.58A.560 to
19 the state or local registrar.
20     (21) If no record is identified as matching the information
21 provided in the application, the state or local registrar shall issue
22 a document indicating that a search of the vital records system was
23 made and no matching record was identified.
24     (22) All government agencies or courts to whom certifications or
25 informational copies are issued must pay the applicable fee for
26 certifications established in RCW 70.58A.560.
27     (23) The state or local registrar must comply with the
28 requirements of this chapter when issuing a certification or
29 informational copy of a vital life event.
30     (24) The department may issue, through electronic means and
31 processes determined by the department, verifications of information
32 contained on birth or death records filed with the department when a
33 verification is requested by a government agency, insurance company,
34 hospital, or any other organization in the conduct of its official
35 duties for fraud prevention and good governance purposes as
36 determined by the department. The department shall charge a fee for a
37 search under this subsection.
38     (25) For the purposes of this section:
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1     (a) "Qualified applicant" means a person who is eligible to
2 receive a certification of a vital record based on the standards
3 established by this chapter and department rule.
4     (b) "Stillbirth" means the same as fetal death as defined in RCW
5 70.58A.010.
6     Sec. 10. RCW 70.58A.540 and 2019 c 148 s 22 are each amended to
7 read as follows:
8     (1) All or part of any vital records, reports, supporting
9 documentation, vital statistics, data, or information contained
10 therein, including information related to sex designation changes
11 under this chapter, are not subject to public inspection and copying
12 under chapter 42.56 RCW.
13     (2) With the exception of certifications and informational copies
14 issued under RCW 70.58A.530, or unless otherwise authorized by this
15 chapter, ((no person may permit the inspection of, disclose data or
16 information contained in, or copy or issue a copy of all or part of
17 any)) all vital records, reports, supporting documentation, vital
18 statistics, data, ((or)) and information contained therein maintained
19 by the department are confidential and are not subject to state or
20 federal discovery, subpoenas, or other compulsory process.
21     NEW SECTION. Sec. 11. This act is necessary for the immediate
22 preservation of the public peace, health, or safety, or support of
23 the state government and its existing public institutions, and takes
24 effect immediately.
  Passed by the Senate February 11, 2026.
  Passed by the House March 3, 2026.
  Approved by the Governor March 16, 2026.
  Filed in Office of Secretary of State March 17, 2026.
  --- END ---
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