Text of WA SB 6081 (2026)

AN ACT Relating to protecting Washingtonians from invasion of 1 privacy, including the unauthorized disclosure of sex designation 2 information and historic sex designation changes in official 3 government records; amending RCW 46.20.091, 70.58A.500, 70.58A.510, 4 70.58A.520, 70.58A.530, and 70.58A.540; reenacting and amending RCW 5 42.56.230; adding a new section to chapter 46.20 RCW; and providing 6 an effective date. 7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 8 Sec. 1. RCW 42.56.230 and 2023 c 361 s 14, 2023 c 346 s 1, and 9 2023 c 182 s 2 are each reenacted and amended to read as follows: 10 The following personal information is exempt from public 11 inspection and copying under this chapter: 12 (1) Personal information in any files maintained for students in 13 public schools, patients or clients of public institutions or public 14 health agencies, or welfare recipients; 15 (2)(a) Personal information: 16 (i) For a child enrolled in licensed child care in any files 17 maintained by the department of children, youth, and families; 18 (ii) For a child enrolled in a public or nonprofit program 19 serving or pertaining to children, adolescents, or students, 20 including but not limited to early learning or child care services, 21 S-3789.1 SENATE BILL 6081 State of Washington 69th Legislature 2026 Regular Session By Senators Pedersen and Liias p. 1 SB 6081 parks and recreation programs, youth development programs, and after- 1 school programs; 2 (iii) For a student enrolled or previously enrolled in a local 3 education agency, in any records pertaining to the student, including 4 correspondence; 5 (iv) For the family members or guardians of a child who is 6 subject to the exemption under this subsection (2) if the family 7 member or guardian has the same last name as the child or if the 8 family member or guardian resides at the same address as the child 9 and disclosure of the family member's or guardian's information would 10 result in disclosure of the personal information exempted under 11 (a)(i) through (iii) of this subsection; or 12 (v) For substitute caregivers who are licensed or approved to 13 provide overnight care of children by the department of children, 14 youth, and families. 15 (b) Emergency contact information under this subsection (2) may 16 be provided to appropriate authorities and medical personnel for the 17 purpose of treating the individual during an emergency situation; 18 (3) Personal information in files maintained for employees, 19 appointees, or elected officials of any public agency to the extent 20 that disclosure would violate their right to privacy; 21 (4) Information required of any taxpayer in connection with the 22 assessment or collection of any tax if the disclosure of the 23 information to other persons would: (a) Be prohibited to such persons 24 by RCW 84.08.210, 82.32.330, 84.40.020, 84.40.340, or any ordinance 25 authorized under RCW 35.102.145; or (b) violate the taxpayer's right 26 to privacy or result in unfair competitive disadvantage to the 27 taxpayer; 28 (5) Credit card numbers, debit card numbers, electronic check 29 numbers, card expiration dates, or bank or other financial 30 information as defined in RCW 9.35.005 including social security 31 numbers, except when disclosure is expressly required by or governed 32 by other law; 33 (6) Personal and financial information related to a small loan or 34 any system of authorizing a small loan in RCW 31.45.093; 35 (7)(a) Any record used to prove identity, age, residential 36 address, social security number, or other personal information 37 required to apply for a driver's license or identicard. 38 (b) Information provided under RCW 46.20.111 that indicates that 39 an applicant declined to register with the selective service system. 40 p. 2 SB 6081 (c) Any record pertaining to a vehicle license plate, driver's 1 license, or identicard issued under RCW 46.08.066 that, alone or in 2 combination with any other records, may reveal the identity of an 3 individual, the sex designation of an individual, or reveal that an 4 individual is or was, performing an undercover or covert law 5 enforcement, confidential public health work, public assistance 6 fraud, or child support investigative activity. This exemption does 7 not prevent the release of the total number of vehicle license 8 plates, drivers' licenses, or identicards that, under RCW 46.08.066, 9 an agency or department has applied for, been issued, denied, 10 returned, destroyed, lost, and reported for misuse. 11 (d) Any record pertaining to a vessel registration issued under 12 RCW 88.02.330 that, alone or in combination with any other records, 13 may reveal the identity of an individual, or reveal that an 14 individual is or was, performing an undercover or covert law 15 enforcement activity. This exemption does not prevent the release of 16 the total number of vessel registrations that, under RCW 88.02.330, 17 an agency or department has applied for, been issued, denied, 18 returned, destroyed, lost, and reported for misuse. 19 Upon request by the legislature, the department of licensing 20 shall provide a report to the legislature containing all of the 21 information in (c) of this subsection (7) and this subsection (7)(d) 22 that is subject to public disclosure; 23 (8) All information related to individual claim resolution 24 settlement agreements submitted to the board of industrial insurance 25 appeals under RCW 51.04.063, other than final orders from the board 26 of industrial insurance appeals. The board of industrial insurance 27 appeals shall provide to the department of labor and industries 28 copies of all final claim resolution settlement agreements; 29 (9) Voluntarily submitted information contained in a database 30 that is part of or associated with 911 emergency communications 31 systems, or information contained or used in emergency notification 32 systems as provided under RCW 38.52.575 and 38.52.577; 33 (10) Information relating to a future voter, as provided in RCW 34 29A.08.725; 35 (11) All information submitted by a person to the state, either 36 directly or through a state-licensed gambling establishment, or 37 Indian tribes, or tribal enterprises that own gambling operations or 38 facilities with class III gaming compacts, as part of the self- 39 p. 3 SB 6081 exclusion program established in RCW 9.46.071 or 67.70.040 for people 1 with a gambling problem or gambling disorder; 2 (12) Names, addresses, or other personal information of 3 individuals who participated in the bump-fire stock buy-back program 4 under former RCW 43.43.920; ((and)) 5 (13) All personal and financial information concerning a player 6 that is received or maintained by the state lottery or any contracted 7 lottery vendor except the player's name and city or town of 8 residence. Additional information may be released only in accordance 9 with prior written permission from the player; and 10 (14) Information collected from individuals who have requested or 11 previously requested changes to sex designation for vital records 12 under chapter 70.58A RCW. 13 NEW SECTION. Sec. 2. A new section is added to chapter 46.20 14 RCW to read as follows: 15 (1) The department may not display, transmit, or otherwise make 16 available any record of a person's sex designation except with the 17 consent of the person, given for a specific purpose. 18 (2) Credentials and digital records issued after a change to sex 19 designation must contain only the current sex designation and no 20 indicator that a change occurred. 21 Sec. 3. RCW 46.20.091 and 2021 c 158 s 4 are each amended to 22 read as follows: 23 (1) Application. In order to apply for a driver's license or 24 instruction permit the applicant must provide the applicant's: 25 (a) Name of record, as established by documentation required 26 under RCW 46.20.035; 27 (b) Date of birth, as established by satisfactory evidence of 28 age; 29 (c) Sex; 30 (d) Washington residence address; 31 (e) Description; 32 (f) Driving licensing history, including: 33 (i) Whether the applicant has ever been licensed as a driver or 34 chauffeur and, if so, (A) when and by what state or country; (B) 35 whether the license has ever been suspended or revoked; and (C) the 36 date of and reason for the suspension or revocation; or 37 p. 4 SB 6081 (ii) Whether the applicant's application to another state or 1 country for a driver's license has ever been refused and, if so, the 2 date of and reason for the refusal; and 3 (g) Any additional information required by the department. 4 (2) Sworn statement. An application for an instruction permit or 5 for an original driver's license must be made upon a form provided by 6 the department. The form must include a section for the applicant to 7 indicate whether the applicant has received driver training and, if 8 so, where. The identifying documentation verifying the name of record 9 must be accompanied by the applicant's sworn statement that it is 10 valid. For an original driver's license, the information provided on 11 the form must be sworn to and signed by the applicant before a person 12 authorized to administer oaths. An applicant who makes a false 13 statement on an application for a driver's license or instruction 14 permit is guilty of false swearing, a gross misdemeanor, under RCW 15 9A.72.040. 16 (3) Driving records from other jurisdictions. If a person 17 previously licensed in another jurisdiction applies for a Washington 18 driver's license, the department shall request a copy of the 19 applicant's driver's record from the other jurisdiction. The driving 20 record from the other jurisdiction becomes a part of the driver's 21 record in this state. 22 (4) Driving records to other jurisdictions. If another 23 jurisdiction requests a copy of a person's Washington driver's 24 record, the department shall provide a copy of the record. The 25 department shall forward the record without charge if the other 26 jurisdiction extends the same privilege to the state of Washington. 27 Sex designation information is considered sensitive information and 28 must be excluded from any records transmitted to other jurisdictions 29 except with the consent of the person, given for a specific purpose. 30 Otherwise the department shall charge a reasonable fee for 31 transmittal of the record. 32 Sec. 4. RCW 70.58A.500 and 2019 c 148 s 18 are each amended to 33 read as follows: 34 (1) The state registrar may amend certification items on state 35 vital records. 36 (2) The state registrar may amend a live birth record to change 37 the name of a person born in state: 38 p. 5 SB 6081 (a) Upon receipt of a complete and signed amendment application 1 with applicable fees and a certified copy of an order of a court of 2 competent jurisdiction, including the name of the person as it 3 appears on the current live birth record and the new name to be 4 designated on the amended live birth record, under RCW 4.24.130; or 5 (b) As authorized under 18 U.S.C. Sec. 3521, the federal witness 6 relocation and protection act. 7 (3) The state registrar shall seal the original live birth record 8 amended under subsection (2)(b) of this section. The sealed record is 9 not subject to public inspection and copying under chapter 42.56 RCW 10 except upon order of a court of competent jurisdiction. 11 (4)(a) The state registrar may amend a vital record to change the 12 sex designation of the subject of the record. The state registrar 13 shall include a nonbinary option for sex designation on the record. 14 (b) Supporting documentation related to sex designation changes 15 shall be sealed by the state registrar and constitute supporting 16 documentation for the purposes of RCW 42.56.365 and 70.58A.540. 17 (5) The state registrar may amend vital records for purposes 18 other than those established in this section. 19 (6) The state registrar may deny an application to amend a vital 20 record when: 21 (a) The application is not completed or filed in accordance with 22 this chapter; 23 (b) The state registrar has cause to question the validity or 24 adequacy of the applicant's statements or documentary evidence; or 25 (c) The deficiencies under (a) or (b) of this subsection are not 26 addressed to the satisfaction of the state registrar. 27 (7) The state registrar shall provide notice of the denial of an 28 application to amend a vital record and state the reasons for the 29 denial. If the state registrar denies an amendment to a vital record 30 under the provisions of this section, a person may appeal the 31 decision under RCW 70.58A.550. 32 Sec. 5. RCW 70.58A.510 and 2019 c 148 s 19 are each amended to 33 read as follows: 34 (1) The state registrar shall develop and implement a 35 preservation management policy for the vital records system for 36 permanent preservation while in the custody of the state registrar. 37 p. 6 SB 6081 (2) The state registrar shall transfer the custody of vital 1 records to the state archives in accordance with state archival 2 procedures when: 3 (a) One hundred years have elapsed after the date of live birth 4 or fetal death; 5 (b) Twenty-five years have elapsed after the date of death; and 6 (c) Twenty-five years have elapsed after the date of marriage, 7 divorce, dissolution of marriage, dissolution of domestic 8 partnership, declaration of invalidity of marriage, declaration of 9 invalidity of domestic partnership, or legal separation. 10 (3) The state archives may provide noncertified copies of 11 original vital records in the custody of the state archives, due to a 12 transfer under subsection (2) of this section, to the public. 13 (4) The state archives may not: 14 (a) Charge the department a fee or pass along costs to transfer 15 the vital records to state archives or maintain the vital records in 16 the state archives, other than those charged through the central 17 services billing model for the cost of operating the state archives; 18 or 19 (b) Alter, amend, or delete certification items on the vital 20 records. 21 (5) Sealed records must remain sealed and in the custody of the 22 department. 23 (6) In consultation with the state archives, the state registrar 24 shall prescribe the format and method of delivery of vital records 25 transferred to the state archives. 26 (7) The department may retain records for the purpose of issuing 27 certifications under RCW 70.58A.530. 28 (8) The state archives shall not make publicly available or 29 disclose to any recipient other than the department any supporting 30 documentation related to sex designation changes that were 31 transferred pursuant to this section. 32 Sec. 6. RCW 70.58A.520 and 2019 c 148 s 20 are each amended to 33 read as follows: 34 (1) The department may disclose vital records information for 35 persons named in any birth, death, or fetal death record only as 36 provided under this chapter. 37 p. 7 SB 6081 (2) Proposals for research and public health purposes must be 1 reviewed and approved as to scientific merit and adequacy of 2 confidentiality safeguards in accordance with this section. 3 (3) The department may release birth and fetal death record data 4 that includes direct identifiers for research with approval of the 5 state institutional review board and receipt of a signed 6 confidentiality agreement with the department. 7 (4) The department may release birth and fetal death record data 8 that includes direct identifiers for nonresearch public health 9 purposes to a government agency upon receipt of a signed written 10 data-sharing agreement with the department. 11 (5) The department may release birth and fetal death record data 12 that contains only indirect identifiers to anyone upon receipt of a 13 signed written data-sharing agreement with the department. 14 (6) The department may release death record data to anyone upon 15 approval of the department and receipt of a signed written data- 16 sharing agreement with the department. 17 (7) A written data-sharing agreement required under subsections 18 (4) through (6) and (14) through (17) of this section must, at a 19 minimum: 20 (a) Include a description of the type of data needed and the 21 purpose for how the data will be used; 22 (b) Include the methods to be used to protect the confidentiality 23 and security of the data; 24 (c) State that ownership of the data provided under this section 25 remains with the department, and is not transferred to those 26 authorized to receive and use the data under the agreement; and 27 (d) Include the applicable fees for use of the data. 28 (8) In addition to the conditions required by subsection (7) of 29 this section, the written data-sharing agreement for birth and fetal 30 death record data for public health purposes under subsection (4) of 31 this section must: 32 (a) Prohibit redisclosure of any direct or indirect identifiers 33 without explicit permission from the department; and 34 (b) Prohibit the recipient of the data from contacting or 35 attempting to contact the person whose information is included in the 36 data set or that person's family members without explicit permission 37 from the department. 38 (9) In addition to the conditions required by subsection (7) of 39 this section, the written data-sharing agreement for birth or fetal 40 p. 8 SB 6081 death record data with indirect identifiers under subsection (5) of 1 this section must prohibit the recipient of the data from attempting 2 to determine the identity of persons whose information is included in 3 the data set or use the data in any manner that identifies 4 individuals or their family members. 5 (10) The department and the state institutional review board 6 shall apply the most restrictive law governing data release to 7 proposals for research and public health purposes requesting data 8 sets with direct identifiers for linkage to other data sets. 9 (11) The department may provide the fewest birth and fetal death 10 record data elements necessary for the purpose described in the 11 proposal for research or public health purposes. 12 (12) The department may deny a request for data for cause 13 including, but not limited to, when: 14 (a) Indirect identifiers are sufficient for the purpose described 15 in the proposal for research or public health purposes; 16 (b) The research or public health proposal lacks scientific 17 merit; 18 (c) The department lacks resources or the request would result in 19 an unreasonable use of resources related to data preparation and 20 analysis; 21 (d) The requestor cannot meet the requirements in a data-sharing 22 agreement for protecting the confidentiality of the data; ((or)) 23 (e) The requestor is out of compliance with an existing data- 24 sharing agreement; or 25 (f) The department determines that there is a reasonable 26 possibility of the data being used to cause or enable harm or 27 disenfranchisement or that its use could reasonably result in 28 disparate impact on the data subject or that otherwise fulfilling the 29 request would not be in the public interest. 30 (13) The department must provide notice of the denial to the 31 requestor and include a statement of the reasons for the denial. If 32 the state registrar denies a request for data under the provisions of 33 this section, a person may appeal the decision under RCW 70.58A.550. 34 (14) The department may release vital records to government 35 agencies in the conduct of official duties upon approval of the state 36 registrar and receipt of a signed written data-sharing agreement with 37 the department that prohibits redisclosure of any direct or indirect 38 identifiers without explicit permission from the department. Vital 39 records information released by the department under this subsection 40 p. 9 SB 6081 may be limited to only the information necessary to perform the 1 official duties of the agencies to which the information is released. 2 The department may deny requests according to subsection (12) of this 3 section. Government agencies may access records electronically and 4 use of records must be limited to the information needed for official 5 business. The agreement may include cost sharing for support of the 6 electronic system. 7 (15) The department shall make available to the department of 8 social and health services, division of child support, the social 9 security numbers of parents listed on birth records as required for 10 establishing child support upon receipt of a signed written data- 11 sharing agreement with the department. 12 (16) The department may release vital records to the national 13 center for health statistics to be used solely for national 14 statistics upon approval of the state registrar and receipt of a 15 signed written data-sharing agreement with the department. 16 (17) The department may release copies of vital records through 17 an interjurisdictional exchange agreement to offices of vital 18 statistics in states or territories of the United States, the 19 District of Columbia, New York City, or neighboring countries. The 20 records must relate to a resident of, a person born in, or a person 21 who died in the requesting state, territory, the District of 22 Columbia, New York City, or neighboring country. 23 (18) The department may release indices of death, marriage, and 24 divorce records annually to the state archives. 25 (19) Nothing in this chapter may be construed as giving authority 26 to the state or local registrar, department, government agencies, or 27 data recipients to sell or provide access to lists of individuals 28 when requested for commercial purposes. 29 (20) For the purposes of this section: 30 (a) "Data" means a data file containing multiple records. 31 (b) "Direct identifier" means a single data element that 32 identifies an individual person. 33 (c) "Indirect identifier" means a single data element that on its 34 own does not identify an individual person, but when combined with 35 other indirect identifiers can be used to identify an individual 36 person. 37 (d) "Public health purpose" means a purpose that seeks to support 38 or evaluate public health activities which include, but are not 39 limited to, health surveillance; identifying population health 40 p. 10 SB 6081 trends; health assessments; implementing educational programs; 1 program evaluation; developing and implementing policies; determining 2 needs for access to services and administering services; creating 3 emergency response plans; promoting healthy lifestyles; and 4 preventing, detecting, and responding to infectious diseases, injury, 5 and chronic and inheritable conditions. Public health purpose does 6 not include research as defined in this section. 7 (e) "Research" means a systematic investigation, including 8 research development, testing, and evaluation, designed to develop or 9 contribute to generalizable knowledge. Activities that meet this 10 definition constitute research for purposes of this policy, whether 11 or not they are conducted or supported under a program that is 12 considered research for other purposes. 13 Sec. 7. RCW 70.58A.530 and 2025 c 37 s 1 are each amended to 14 read as follows: 15 (1)(a) A certification issued in accordance with this section is 16 considered for all purposes the same as the original vital record and 17 is prima facie evidence of the facts stated therein. 18 (b) An informational copy is not considered the same as the 19 original vital record and does not serve as prima facie evidence of 20 the facts stated therein. 21 (2) The state and local registrar shall issue all certifications 22 registered in the vital records system from the state's central vital 23 records system database upon submission by a qualified applicant of 24 all required information and documentation required either by this 25 chapter or by rule, or both, and shall ensure that all certifications 26 include: 27 (a) The date of registration; and 28 (b) Security features that deter altering, counterfeiting, or 29 simulation without ready detection as required under this chapter. 30 (3) A person requesting a certification of birth, death, fetal 31 death, or birth resulting in stillbirth must submit an application, 32 identity documentation, evidence of eligibility, and the applicable 33 fee established in RCW 70.58A.560 to the state or local registrar. 34 (4) For a certification of birth, the state or local registrar 35 may release the certification only to: 36 (a) The subject of the record or the subject of the record's 37 spouse or domestic partner, child, parent, stepparent, stepchild, 38 sibling, grandparent, great grandparent, grandchild, great 39 p. 11 SB 6081 grandchild, legal guardian, legal representative, or authorized 1 representative; or 2 (b) A government agency or court, if the certification will be 3 used in the conduct of the agency's or court's official duties, 4 unless the department determines that there is a reasonable 5 possibility of the certification being used to cause or enable harm 6 or disenfranchisement or that its use could reasonably result in 7 disparate impact on the data subject or that otherwise fulfilling the 8 request would not be in the public interest. 9 (5) The state registrar may issue an heirloom certification of 10 birth to a qualified applicant consistent with subsection (4) of this 11 section. The heirloom certification of birth must contain the state 12 seal and be signed by the governor. 13 (6) The state registrar may issue a certification of a birth 14 record registered as delayed under RCW 70.58A.120 or 70.58A.130 to a 15 qualified applicant consistent with subsection (4) of this section. 16 The certification must: 17 (a) Be marked as delayed; and 18 (b) Include a description of the evidence or court order number 19 used to establish the delayed record. 20 (7) The state registrar may issue a certification of a birth 21 record for a person adopted under chapter 26.33 RCW and registered 22 under RCW 70.58A.400 to a qualified applicant consistent with 23 subsection (4) of this section. The certification: 24 (a) Must not include reference to the adoption of the child; and 25 (b) For children born outside of the state, must be issued 26 consistent with the certification standards of this section, unless 27 the court orders otherwise. 28 (8) When providing a birth certification to a qualified applicant 29 under this chapter, the state or local registrar shall include 30 information prepared by the department setting forth the advisability 31 of a security freeze under RCW 19.182.230 and the process for 32 acquiring a security freeze. 33 (9) For a certification of death, the state or local registrar 34 may release the certification only to: 35 (a) The decedent's spouse or domestic partner, child, parent, 36 stepparent, stepchild, sibling, grandparent, great grandparent, 37 grandchild, great grandchild, legal guardian immediately prior to 38 death, legal representative, authorized representative, or next of 39 kin as specified in RCW 11.28.120; 40 p. 12 SB 6081 (b) A funeral director, the funeral establishment licensed 1 pursuant to chapter 18.39 RCW, or the person having the right to 2 control the disposition of the human remains under RCW 68.50.160 3 named on the death record, within twelve months of the date of death; 4 or 5 (c) A government agency or court, if the certification will be 6 used in the conduct of the agency's or court's official duties. 7 (10) The state or local registrar may issue a short form 8 certification of death that does not display information relating to 9 cause and manner of death to a qualified applicant. In addition to 10 the qualified applicants listed in subsection (9) of this section, a 11 qualified applicant for a short form certification of death includes: 12 (a) A title insurer or title insurance agent handling a 13 transaction involving real property in which the decedent held some 14 right, title, or interest; or 15 (b) A person that demonstrates that the certified copy is 16 necessary for a determination related to the death or the protection 17 of a personal or property right related to the death. 18 (11) The state or local registrar may issue reports of fetal 19 death either as a certification of a fetal death or as a 20 certification of birth resulting in a stillbirth, or both. 21 (12) When issuing a certification of fetal death, the state or 22 local registrar may release the certification only to: 23 (a) A parent, a parent's legal representative, an authorized 24 representative, a sibling, or a grandparent; 25 (b) The funeral director or funeral establishment licensed 26 pursuant to chapter 18.39 RCW and named on the fetal death record, 27 within twelve months of the date of fetal death; or 28 (c) A government agency or court, if the certification will be 29 used in the conduct of the agency's or court's official duties. 30 (13) When issuing a certification of birth resulting in 31 stillbirth, the state or local registrar may release the 32 certification only to the individual who gave birth listed on the 33 fetal death record. 34 (a) A certification of birth resulting in stillbirth must comply 35 with the format requirements prescribed by the state registrar and be 36 in a format similar to a certification of birth. 37 (b) The certification of birth resulting in stillbirth must 38 contain a title at the top of the certification that reads: "This 39 p. 13 SB 6081 certificate of birth resulting in stillbirth is not proof of a live 1 birth and is not an identity document." 2 (c) Nothing in this subsection (13): 3 (i) May be the basis for a civil cause of action seeking damages 4 or criminal charges against any person or entity for bodily injury, 5 personal injury, or wrongful death for a stillbirth; 6 (ii) Shall alter a woman's rights to reproductive freedom or 7 equal protection under the law, or to alter or supersede any other 8 provision of law; and 9 (iii) Except for the right to request a certification of birth 10 resulting in stillbirth, may constitute the basis of any new right, 11 privilege, or entitlement, or abrogate any existing right, privilege, 12 or entitlement. 13 (14) The state or local registrar shall review the identity 14 documentation and evidence of eligibility to determine if the person 15 requesting the certification is a qualified applicant under this 16 section. The state or local registrar may verify the identity 17 documents and evidence of eligibility to determine the acceptability 18 and authenticity of identity documentation and evidence of 19 eligibility. 20 (15) The state or local registrar may not issue a certification 21 of birth or fetal death, including a certification of birth resulting 22 in stillbirth, that includes information from the confidential 23 section of record, except as provided in subsection (16) of this 24 section. 25 (16) The state registrar may release information contained in the 26 confidential section of the birth record only to the following 27 persons: 28 (a) The individual who is the subject of the birth record, upon 29 confirmation of documentation and evidence of identity of the 30 requestor in a manner approved by the state board of health and the 31 department. The state registrar must limit the confidential 32 information provided to the individual who is the subject of the 33 birth record's information, and may not include the parent's 34 confidential information; or 35 (b) A member of the public, upon order of a court of competent 36 jurisdiction. 37 (17) A person requesting a certification of marriage, dissolution 38 of marriage, or dissolution of domestic partnership currently held by 39 p. 14 SB 6081 the department must submit an application and the applicable fee 1 established in RCW 70.58A.560 to the state registrar. 2 (18) The state registrar may mark deceased on a birth 3 certification when that birth record is matched to a death record 4 under RCW 70.58A.060. 5 (19) The state or local registrar must issue an informational 6 copy from the central vital records system to anyone. Informational 7 copies must contain only the information allowed by rule. 8 Informational copies of death records must not display information 9 related to cause and manner of death. 10 (20) A person requesting an informational copy must submit an 11 application and the applicable fee established in RCW 70.58A.560 to 12 the state or local registrar. 13 (21) If no record is identified as matching the information 14 provided in the application, the state or local registrar shall issue 15 a document indicating that a search of the vital records system was 16 made and no matching record was identified. 17 (22) All government agencies or courts to whom certifications or 18 informational copies are issued must pay the applicable fee for 19 certifications established in RCW 70.58A.560. 20 (23) The state or local registrar must comply with the 21 requirements of this chapter when issuing a certification or 22 informational copy of a vital life event. 23 (24) The department may issue, through electronic means and 24 processes determined by the department, verifications of information 25 contained on birth or death records filed with the department when a 26 verification is requested by a government agency, insurance company, 27 hospital, or any other organization in the conduct of its official 28 duties for fraud prevention and good governance purposes as 29 determined by the department. The department shall charge a fee for a 30 search under this subsection. 31 (25) For the purposes of this section: 32 (a) "Qualified applicant" means a person who is eligible to 33 receive a certification of a vital record based on the standards 34 established by this chapter and department rule. 35 (b) "Stillbirth" means the same as fetal death as defined in RCW 36 70.58A.010. 37 Sec. 8. RCW 70.58A.540 and 2019 c 148 s 22 are each amended to 38 read as follows: 39 p. 15 SB 6081 (1) All or part of any vital records, reports, supporting 1 documentation, vital statistics, data, or information contained 2 therein, including information related to sex designation changes 3 under this chapter, are not subject to public inspection and copying 4 under chapter 42.56 RCW. 5 (2) With the exception of certifications and informational copies 6 issued under RCW 70.58A.530, or unless otherwise authorized by this 7 chapter, ((no person may permit the inspection of, disclose data or 8 information contained in, or copy or issue a copy of all or part of 9 any)) all vital records, reports, supporting documentation, vital 10 statistics, data, ((or)) and information contained therein maintained 11 by the department are confidential and are not subject to state or 12 federal discovery, subpoenas, or other compulsory process. 13 NEW SECTION. Sec. 9. This act takes effect January 1, 2028. 14 --- END --- p. 16 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, 2026 Yeas 30 Nays 19 DENNY HECK President of the Senate Passed by the House March 3, 2026 Yeas 57 Nays 36 LAURIE JINKINS Speaker of the House of Representatives CERTIFICATE I, Sarah Bannister, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 6081 as passed by the Senate and the House of Representatives on the dates hereon set forth. SARAH BANNISTER Secretary Approved March 16, 2026 10:09 AM FILED March 17, 2026 BOB FERGUSON Governor of the State of Washington Secretary of State State of Washington AN ACT Relating to protecting Washingtonians from invasion of 1 privacy, including the unauthorized disclosure of sex designation 2 information and historic sex designation changes in official 3 government records; amending RCW 46.20.091, 46.20.156, 46.20.157, 4 70.58A.500, 70.58A.510, 70.58A.520, 70.58A.530, and 70.58A.540; 5 reenacting and amending RCW 42.56.230; adding a new section to 6 chapter 46.20 RCW; and declaring an emergency. 7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 8 Sec. 1. RCW 42.56.230 and 2023 c 361 s 14, 2023 c 346 s 1, and 9 2023 c 182 s 2 are each reenacted and amended to read as follows: 10 The following personal information is exempt from public 11 inspection and copying under this chapter: 12 (1) Personal information in any files maintained for students in 13 public schools, patients or clients of public institutions or public 14 health agencies, or welfare recipients; 15 (2)(a) Personal information: 16 (i) For a child enrolled in licensed child care in any files 17 maintained by the department of children, youth, and families; 18 (ii) For a child enrolled in a public or nonprofit program 19 serving or pertaining to children, adolescents, or students, 20 including but not limited to early learning or child care services, 21 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. p. 1 SSB 6081.SL parks and recreation programs, youth development programs, and after- 1 school programs; 2 (iii) For a student enrolled or previously enrolled in a local 3 education agency, in any records pertaining to the student, including 4 correspondence; 5 (iv) For the family members or guardians of a child who is 6 subject to the exemption under this subsection (2) if the family 7 member or guardian has the same last name as the child or if the 8 family member or guardian resides at the same address as the child 9 and disclosure of the family member's or guardian's information would 10 result in disclosure of the personal information exempted under 11 (a)(i) through (iii) of this subsection; or 12 (v) For substitute caregivers who are licensed or approved to 13 provide overnight care of children by the department of children, 14 youth, and families. 15 (b) Emergency contact information under this subsection (2) may 16 be provided to appropriate authorities and medical personnel for the 17 purpose of treating the individual during an emergency situation; 18 (3) Personal information in files maintained for employees, 19 appointees, or elected officials of any public agency to the extent 20 that disclosure would violate their right to privacy; 21 (4) Information required of any taxpayer in connection with the 22 assessment or collection of any tax if the disclosure of the 23 information to other persons would: (a) Be prohibited to such persons 24 by RCW 84.08.210, 82.32.330, 84.40.020, 84.40.340, or any ordinance 25 authorized under RCW 35.102.145; or (b) violate the taxpayer's right 26 to privacy or result in unfair competitive disadvantage to the 27 taxpayer; 28 (5) Credit card numbers, debit card numbers, electronic check 29 numbers, card expiration dates, or bank or other financial 30 information as defined in RCW 9.35.005 including social security 31 numbers, except when disclosure is expressly required by or governed 32 by other law; 33 (6) Personal and financial information related to a small loan or 34 any system of authorizing a small loan in RCW 31.45.093; 35 (7)(a) Any record or information used to prove identity, age, 36 residential address, social security number, sex designation, or 37 other personal information required to apply for, renew, or make 38 changes to a driver's license, instruction permit, or identicard. 39 p. 2 SSB 6081.SL (b) Information provided under RCW 46.20.111 that indicates that 1 an applicant declined to register with the selective service system. 2 (c) Any record pertaining to a vehicle license plate, driver's 3 license, or identicard issued under RCW 46.08.066 that, alone or in 4 combination with any other records, may reveal the identity of an 5 individual, the sex designation of an individual, or reveal that an 6 individual is or was, performing an undercover or covert law 7 enforcement, confidential public health work, public assistance 8 fraud, or child support investigative activity. This exemption does 9 not prevent the release of the total number of vehicle license 10 plates, drivers' licenses, or identicards that, under RCW 46.08.066, 11 an agency or department has applied for, been issued, denied, 12 returned, destroyed, lost, and reported for misuse. 13 (d) Any record pertaining to a vessel registration issued under 14 RCW 88.02.330 that, alone or in combination with any other records, 15 may reveal the identity of an individual, or reveal that an 16 individual is or was, performing an undercover or covert law 17 enforcement activity. This exemption does not prevent the release of 18 the total number of vessel registrations that, under RCW 88.02.330, 19 an agency or department has applied for, been issued, denied, 20 returned, destroyed, lost, and reported for misuse. 21 Upon request by the legislature, the department of licensing 22 shall provide a report to the legislature containing all of the 23 information in (c) of this subsection (7) and this subsection (7)(d) 24 that is subject to public disclosure; 25 (8) All information related to individual claim resolution 26 settlement agreements submitted to the board of industrial insurance 27 appeals under RCW 51.04.063, other than final orders from the board 28 of industrial insurance appeals. The board of industrial insurance 29 appeals shall provide to the department of labor and industries 30 copies of all final claim resolution settlement agreements; 31 (9) Voluntarily submitted information contained in a database 32 that is part of or associated with 911 emergency communications 33 systems, or information contained or used in emergency notification 34 systems as provided under RCW 38.52.575 and 38.52.577; 35 (10) Information relating to a future voter, as provided in RCW 36 29A.08.725; 37 (11) All information submitted by a person to the state, either 38 directly or through a state-licensed gambling establishment, or 39 Indian tribes, or tribal enterprises that own gambling operations or 40 p. 3 SSB 6081.SL facilities with class III gaming compacts, as part of the self- 1 exclusion program established in RCW 9.46.071 or 67.70.040 for people 2 with a gambling problem or gambling disorder; 3 (12) Names, addresses, or other personal information of 4 individuals who participated in the bump-fire stock buy-back program 5 under former RCW 43.43.920; ((and)) 6 (13) All personal and financial information concerning a player 7 that is received or maintained by the state lottery or any contracted 8 lottery vendor except the player's name and city or town of 9 residence. Additional information may be released only in accordance 10 with prior written permission from the player; and 11 (14) Information collected from individuals who have requested or 12 previously requested changes to sex designation for vital records 13 under chapter 70.58A RCW. 14 NEW SECTION. Sec. 2. A new section is added to chapter 46.20 15 RCW to read as follows: 16 (1) The department may not display, transmit, or otherwise make 17 available any record or supporting documentation of a person's sex 18 designation change except with the consent of the person, given for a 19 specific purpose. 20 (2) Credentials and digital records issued after a change to sex 21 designation must contain only the current sex designation and no 22 indicator that a change occurred. 23 Sec. 3. RCW 46.20.091 and 2021 c 158 s 4 are each amended to 24 read as follows: 25 (1) Application. In order to apply for a driver's license or 26 instruction permit the applicant must provide the applicant's: 27 (a) Name of record, as established by documentation required 28 under RCW 46.20.035; 29 (b) Date of birth, as established by satisfactory evidence of 30 age; 31 (c) Sex; 32 (d) Washington residence address; 33 (e) Description; 34 (f) Driving licensing history, including: 35 (i) Whether the applicant has ever been licensed as a driver or 36 chauffeur and, if so, (A) when and by what state or country; (B) 37 p. 4 SSB 6081.SL whether the license has ever been suspended or revoked; and (C) the 1 date of and reason for the suspension or revocation; or 2 (ii) Whether the applicant's application to another state or 3 country for a driver's license has ever been refused and, if so, the 4 date of and reason for the refusal; and 5 (g) Any additional information required by the department. 6 (2) Sworn statement. An application for an instruction permit or 7 for an original driver's license must be made upon a form provided by 8 the department. The form must include a section for the applicant to 9 indicate whether the applicant has received driver training and, if 10 so, where. The identifying documentation verifying the name of record 11 must be accompanied by the applicant's sworn statement that it is 12 valid. For an original driver's license, the information provided on 13 the form must be sworn to and signed by the applicant before a person 14 authorized to administer oaths. An applicant who makes a false 15 statement on an application for a driver's license or instruction 16 permit is guilty of false swearing, a gross misdemeanor, under RCW 17 9A.72.040. 18 (3) Driving records from other jurisdictions. If a person 19 previously licensed in another jurisdiction applies for a Washington 20 driver's license, the department shall request a copy of the 21 applicant's driver's record from the other jurisdiction. The driving 22 record from the other jurisdiction becomes a part of the driver's 23 record in this state. 24 (4) Driving records to other jurisdictions. If another 25 jurisdiction requests a copy of a person's Washington driver's 26 record, the department shall provide a copy of the record. The 27 department shall forward the record without charge if the other 28 jurisdiction extends the same privilege to the state of Washington. 29 Records and supporting documentation of a person's sex designation 30 change are considered sensitive information and must be excluded from 31 any records transmitted to other jurisdictions except with the 32 consent of the person, given for a specific purpose. Otherwise the 33 department shall charge a reasonable fee for transmittal of the 34 record. 35 Sec. 4. RCW 46.20.156 and 2023 c 466 s 22 are each amended to 36 read as follows: 37 (1) For persons ((eighteen)) 18 years of age or older who meet 38 requirements for voter registration and persons ((sixteen)) 16 or 39 p. 5 SSB 6081.SL ((seventeen)) 17 years of age who meet requirements to sign up to 1 register to vote, who have been issued or are renewing an enhanced 2 driver's license or identicard under RCW 46.20.202 or applying for a 3 change of address for an existing enhanced driver's license or 4 identicard pursuant to RCW 46.20.205, the department shall produce 5 and transmit to the secretary of state the following information from 6 the records of each individual: The name, address, date of birth, 7 gender of the applicant if provided, the driver's license number, 8 signature image, any language preference information collected, any 9 phone number provided by the voter, any email address provided by the 10 voter, and the date on which the application was submitted. The 11 department and the secretary of state shall process information as an 12 automated application on a daily basis. If requested by the secretary 13 of state, the department shall provide copies of the documents 14 submitted to prove citizenship for an individual subject to this 15 section. 16 (2) Credentials and digital records issued after a change to sex 17 designation must contain only the current sex designation and no 18 indicator that a change occurred. 19 Sec. 5. RCW 46.20.157 and 2024 c 54 s 57 are each amended to 20 read as follows: 21 (1) Except as provided in subsection (2) of this section, the 22 department shall annually provide to Washington technology solutions 23 an electronic data file. The data file must: 24 (a) Contain information on all licensed drivers and identicard 25 holders who are ((eighteen)) 18 years of age or older and whose 26 records have not expired for more than two years; 27 (b) Be provided at no charge; and 28 (c) Contain the following information on each such person: Full 29 name, date of birth, residence address including county, sex, and 30 most recent date of application, renewal, replacement, or change of 31 driver's license or identicard. 32 (2)(a) Before complying with subsection (1) of this section, the 33 department shall remove from the file the names of any certified 34 participants in the Washington state address confidentiality program 35 under chapter 40.24 RCW that have been identified to the department 36 by the secretary of state. 37 p. 6 SSB 6081.SL (b) Credentials and digital records issued after a change to sex 1 designation must contain only the current sex designation and no 2 indicator that a change occurred. 3 Sec. 6. RCW 70.58A.500 and 2019 c 148 s 18 are each amended to 4 read as follows: 5 (1) The state registrar may amend certification items on state 6 vital records. 7 (2) The state registrar may amend a live birth record to change 8 the name of a person born in state: 9 (a) Upon receipt of a complete and signed amendment application 10 with applicable fees and a certified copy of an order of a court of 11 competent jurisdiction, including the name of the person as it 12 appears on the current live birth record and the new name to be 13 designated on the amended live birth record, under RCW 4.24.130; or 14 (b) As authorized under 18 U.S.C. Sec. 3521, the federal witness 15 relocation and protection act. 16 (3) The state registrar shall seal the original live birth record 17 amended under subsection (2)(b) of this section. The sealed record is 18 not subject to public inspection and copying under chapter 42.56 RCW 19 except upon order of a court of competent jurisdiction. 20 (4)(a) The state registrar may amend a vital record to change the 21 sex designation of the subject of the record. The state registrar 22 shall include a nonbinary option for sex designation on the record. 23 (b) Supporting documentation related to sex designation changes 24 shall be sealed by the state registrar and constitute supporting 25 documentation for the purposes of RCW 42.56.365 and 70.58A.540. 26 (5) The state registrar may amend vital records for purposes 27 other than those established in this section. 28 (6) The state registrar may deny an application to amend a vital 29 record when: 30 (a) The application is not completed or filed in accordance with 31 this chapter; 32 (b) The state registrar has cause to question the validity or 33 adequacy of the applicant's statements or documentary evidence; or 34 (c) The deficiencies under (a) or (b) of this subsection are not 35 addressed to the satisfaction of the state registrar. 36 (7) The state registrar shall provide notice of the denial of an 37 application to amend a vital record and state the reasons for the 38 denial. If the state registrar denies an amendment to a vital record 39 p. 7 SSB 6081.SL under the provisions of this section, a person may appeal the 1 decision under RCW 70.58A.550. 2 Sec. 7. RCW 70.58A.510 and 2019 c 148 s 19 are each amended to 3 read as follows: 4 (1) The state registrar shall develop and implement a 5 preservation management policy for the vital records system for 6 permanent preservation while in the custody of the state registrar. 7 (2) The state registrar shall transfer the custody of vital 8 records to the state archives in accordance with state archival 9 procedures when: 10 (a) One hundred years have elapsed after the date of live birth 11 or fetal death; 12 (b) Twenty-five years have elapsed after the date of death; and 13 (c) Twenty-five years have elapsed after the date of marriage, 14 divorce, dissolution of marriage, dissolution of domestic 15 partnership, declaration of invalidity of marriage, declaration of 16 invalidity of domestic partnership, or legal separation. 17 (3) The state archives may provide noncertified copies of 18 original vital records in the custody of the state archives, due to a 19 transfer under subsection (2) of this section, to the public. 20 (4) The state archives may not: 21 (a) Charge the department a fee or pass along costs to transfer 22 the vital records to state archives or maintain the vital records in 23 the state archives, other than those charged through the central 24 services billing model for the cost of operating the state archives; 25 or 26 (b) Alter, amend, or delete certification items on the vital 27 records. 28 (5) Sealed records must remain sealed and in the custody of the 29 department. 30 (6) In consultation with the state archives, the state registrar 31 shall prescribe the format and method of delivery of vital records 32 transferred to the state archives. 33 (7) The department may retain records for the purpose of issuing 34 certifications under RCW 70.58A.530. 35 (8) The state archives shall not make publicly available or 36 disclose to any recipient other than the department any supporting 37 documentation related to sex designation changes that were 38 transferred pursuant to this section. 39 p. 8 SSB 6081.SL Sec. 8. RCW 70.58A.520 and 2019 c 148 s 20 are each amended to 1 read as follows: 2 (1) The department may disclose vital records information for 3 persons named in any birth, death, or fetal death record only as 4 provided under this chapter. 5 (2) Proposals for research and public health purposes must be 6 reviewed and approved as to scientific merit and adequacy of 7 confidentiality safeguards in accordance with this section. 8 (3) The department may release birth and fetal death record data 9 that includes direct identifiers for research with approval of the 10 state institutional review board and receipt of a signed 11 confidentiality agreement with the department. 12 (4) The department may release birth and fetal death record data 13 that includes direct identifiers for nonresearch public health 14 purposes to a government agency upon receipt of a signed written 15 data-sharing agreement with the department. 16 (5) The department may release birth and fetal death record data 17 that contains only indirect identifiers to anyone upon receipt of a 18 signed written data-sharing agreement with the department. 19 (6) The department may release death record data to anyone upon 20 approval of the department and receipt of a signed written data- 21 sharing agreement with the department. 22 (7) A written data-sharing agreement required under subsections 23 (4) through (6) and (14) through (17) of this section must, at a 24 minimum: 25 (a) Include a description of the type of data needed and the 26 purpose for how the data will be used; 27 (b) Include the methods to be used to protect the confidentiality 28 and security of the data; 29 (c) State that ownership of the data provided under this section 30 remains with the department, and is not transferred to those 31 authorized to receive and use the data under the agreement; and 32 (d) Include the applicable fees for use of the data. 33 (8) In addition to the conditions required by subsection (7) of 34 this section, the written data-sharing agreement for birth and fetal 35 death record data for public health purposes under subsection (4) of 36 this section must: 37 (a) Prohibit redisclosure of any direct or indirect identifiers 38 without explicit permission from the department; and 39 p. 9 SSB 6081.SL (b) Prohibit the recipient of the data from contacting or 1 attempting to contact the person whose information is included in the 2 data set or that person's family members without explicit permission 3 from the department. 4 (9) In addition to the conditions required by subsection (7) of 5 this section, the written data-sharing agreement for birth or fetal 6 death record data with indirect identifiers under subsection (5) of 7 this section must prohibit the recipient of the data from attempting 8 to determine the identity of persons whose information is included in 9 the data set or use the data in any manner that identifies 10 individuals or their family members. 11 (10) The department and the state institutional review board 12 shall apply the most restrictive law governing data release to 13 proposals for research and public health purposes requesting data 14 sets with direct identifiers for linkage to other data sets. 15 (11) The department may provide the fewest birth and fetal death 16 record data elements necessary for the purpose described in the 17 proposal for research or public health purposes. 18 (12) The department may deny a request for data for cause 19 including, but not limited to, when: 20 (a) Indirect identifiers are sufficient for the purpose described 21 in the proposal for research or public health purposes; 22 (b) The research or public health proposal lacks scientific 23 merit; 24 (c) The department lacks resources or the request would result in 25 an unreasonable use of resources related to data preparation and 26 analysis; 27 (d) The requestor cannot meet the requirements in a data-sharing 28 agreement for protecting the confidentiality of the data; ((or)) 29 (e) The requestor is out of compliance with an existing data- 30 sharing agreement; or 31 (f) The department determines that there is a reasonable 32 possibility of the data being used to cause or enable harm or 33 disenfranchisement or that its use could reasonably result in 34 disparate impact on the data subject or that otherwise fulfilling the 35 request would not be in the public interest. 36 (13) The department must provide notice of the denial to the 37 requestor and include a statement of the reasons for the denial. If 38 the state registrar denies a request for data under the provisions of 39 this section, a person may appeal the decision under RCW 70.58A.550. 40 p. 10 SSB 6081.SL (14) The department may release vital records to government 1 agencies in the conduct of official duties upon approval of the state 2 registrar and receipt of a signed written data-sharing agreement with 3 the department that prohibits redisclosure of any direct or indirect 4 identifiers without explicit permission from the department. Vital 5 records information released by the department under this subsection 6 may be limited to only the information necessary to perform the 7 official duties of the agencies to which the information is released. 8 The department may deny requests according to subsection (12) of this 9 section. Government agencies may access records electronically and 10 use of records must be limited to the information needed for official 11 business. The agreement may include cost sharing for support of the 12 electronic system. 13 (15) The department shall make available to the department of 14 social and health services, division of child support, the social 15 security numbers of parents listed on birth records as required for 16 establishing child support upon receipt of a signed written data- 17 sharing agreement with the department. 18 (16) The department may release vital records to the national 19 center for health statistics to be used solely for national 20 statistics upon approval of the state registrar and receipt of a 21 signed written data-sharing agreement with the department. 22 (17) The department may release copies of vital records through 23 an interjurisdictional exchange agreement to offices of vital 24 statistics in states or territories of the United States, the 25 District of Columbia, New York City, or neighboring countries. The 26 records must relate to a resident of, a person born in, or a person 27 who died in the requesting state, territory, the District of 28 Columbia, New York City, or neighboring country. 29 (18) The department may release indices of death, marriage, and 30 divorce records annually to the state archives. 31 (19) Nothing in this chapter may be construed as giving authority 32 to the state or local registrar, department, government agencies, or 33 data recipients to sell or provide access to lists of individuals 34 when requested for commercial purposes. 35 (20) For the purposes of this section: 36 (a) "Data" means a data file containing multiple records. 37 (b) "Direct identifier" means a single data element that 38 identifies an individual person. 39 p. 11 SSB 6081.SL (c) "Indirect identifier" means a single data element that on its 1 own does not identify an individual person, but when combined with 2 other indirect identifiers can be used to identify an individual 3 person. 4 (d) "Public health purpose" means a purpose that seeks to support 5 or evaluate public health activities which include, but are not 6 limited to, health surveillance; identifying population health 7 trends; health assessments; implementing educational programs; 8 program evaluation; developing and implementing policies; determining 9 needs for access to services and administering services; creating 10 emergency response plans; promoting healthy lifestyles; and 11 preventing, detecting, and responding to infectious diseases, injury, 12 and chronic and inheritable conditions. Public health purpose does 13 not include research as defined in this section. 14 (e) "Research" means a systematic investigation, including 15 research development, testing, and evaluation, designed to develop or 16 contribute to generalizable knowledge. Activities that meet this 17 definition constitute research for purposes of this policy, whether 18 or not they are conducted or supported under a program that is 19 considered research for other purposes. 20 Sec. 9. RCW 70.58A.530 and 2025 c 37 s 1 are each amended to 21 read as follows: 22 (1)(a) A certification issued in accordance with this section is 23 considered for all purposes the same as the original vital record and 24 is prima facie evidence of the facts stated therein. 25 (b) An informational copy is not considered the same as the 26 original vital record and does not serve as prima facie evidence of 27 the facts stated therein. 28 (2) The state and local registrar shall issue all certifications 29 registered in the vital records system from the state's central vital 30 records system database upon submission by a qualified applicant of 31 all required information and documentation required either by this 32 chapter or by rule, or both, and shall ensure that all certifications 33 include: 34 (a) The date of registration; and 35 (b) Security features that deter altering, counterfeiting, or 36 simulation without ready detection as required under this chapter. 37 (3) A person requesting a certification of birth, death, fetal 38 death, or birth resulting in stillbirth must submit an application, 39 p. 12 SSB 6081.SL identity documentation, evidence of eligibility, and the applicable 1 fee established in RCW 70.58A.560 to the state or local registrar. 2 (4) For a certification of birth, the state or local registrar 3 may release the certification only to: 4 (a) The subject of the record or the subject of the record's 5 spouse or domestic partner, child, parent, stepparent, stepchild, 6 sibling, grandparent, great grandparent, grandchild, great 7 grandchild, legal guardian, legal representative, or authorized 8 representative; or 9 (b) A government agency or court, if the certification will be 10 used in the conduct of the agency's or court's official duties, 11 unless the department determines that there is a reasonable 12 possibility of the certification being used to cause or enable harm 13 or disenfranchisement or that its use could reasonably result in 14 disparate impact on the data subject or that otherwise fulfilling the 15 request would not be in the public interest. 16 (5) The state registrar may issue an heirloom certification of 17 birth to a qualified applicant consistent with subsection (4) of this 18 section. The heirloom certification of birth must contain the state 19 seal and be signed by the governor. 20 (6) The state registrar may issue a certification of a birth 21 record registered as delayed under RCW 70.58A.120 or 70.58A.130 to a 22 qualified applicant consistent with subsection (4) of this section. 23 The certification must: 24 (a) Be marked as delayed; and 25 (b) Include a description of the evidence or court order number 26 used to establish the delayed record. 27 (7) The state registrar may issue a certification of a birth 28 record for a person adopted under chapter 26.33 RCW and registered 29 under RCW 70.58A.400 to a qualified applicant consistent with 30 subsection (4) of this section. The certification: 31 (a) Must not include reference to the adoption of the child; and 32 (b) For children born outside of the state, must be issued 33 consistent with the certification standards of this section, unless 34 the court orders otherwise. 35 (8) When providing a birth certification to a qualified applicant 36 under this chapter, the state or local registrar shall include 37 information prepared by the department setting forth the advisability 38 of a security freeze under RCW 19.182.230 and the process for 39 acquiring a security freeze. 40 p. 13 SSB 6081.SL (9) For a certification of death, the state or local registrar 1 may release the certification only to: 2 (a) The decedent's spouse or domestic partner, child, parent, 3 stepparent, stepchild, sibling, grandparent, great grandparent, 4 grandchild, great grandchild, legal guardian immediately prior to 5 death, legal representative, authorized representative, or next of 6 kin as specified in RCW 11.28.120; 7 (b) A funeral director, the funeral establishment licensed 8 pursuant to chapter 18.39 RCW, or the person having the right to 9 control the disposition of the human remains under RCW 68.50.160 10 named on the death record, within twelve months of the date of death; 11 or 12 (c) A government agency or court, if the certification will be 13 used in the conduct of the agency's or court's official duties. 14 (10) The state or local registrar may issue a short form 15 certification of death that does not display information relating to 16 cause and manner of death to a qualified applicant. In addition to 17 the qualified applicants listed in subsection (9) of this section, a 18 qualified applicant for a short form certification of death includes: 19 (a) A title insurer or title insurance agent handling a 20 transaction involving real property in which the decedent held some 21 right, title, or interest; or 22 (b) A person that demonstrates that the certified copy is 23 necessary for a determination related to the death or the protection 24 of a personal or property right related to the death. 25 (11) The state or local registrar may issue reports of fetal 26 death either as a certification of a fetal death or as a 27 certification of birth resulting in a stillbirth, or both. 28 (12) When issuing a certification of fetal death, the state or 29 local registrar may release the certification only to: 30 (a) A parent, a parent's legal representative, an authorized 31 representative, a sibling, or a grandparent; 32 (b) The funeral director or funeral establishment licensed 33 pursuant to chapter 18.39 RCW and named on the fetal death record, 34 within twelve months of the date of fetal death; or 35 (c) A government agency or court, if the certification will be 36 used in the conduct of the agency's or court's official duties. 37 (13) When issuing a certification of birth resulting in 38 stillbirth, the state or local registrar may release the 39 p. 14 SSB 6081.SL certification only to the individual who gave birth listed on the 1 fetal death record. 2 (a) A certification of birth resulting in stillbirth must comply 3 with the format requirements prescribed by the state registrar and be 4 in a format similar to a certification of birth. 5 (b) The certification of birth resulting in stillbirth must 6 contain a title at the top of the certification that reads: "This 7 certificate of birth resulting in stillbirth is not proof of a live 8 birth and is not an identity document." 9 (c) Nothing in this subsection (13): 10 (i) May be the basis for a civil cause of action seeking damages 11 or criminal charges against any person or entity for bodily injury, 12 personal injury, or wrongful death for a stillbirth; 13 (ii) Shall alter a woman's rights to reproductive freedom or 14 equal protection under the law, or to alter or supersede any other 15 provision of law; and 16 (iii) Except for the right to request a certification of birth 17 resulting in stillbirth, may constitute the basis of any new right, 18 privilege, or entitlement, or abrogate any existing right, privilege, 19 or entitlement. 20 (14) The state or local registrar shall review the identity 21 documentation and evidence of eligibility to determine if the person 22 requesting the certification is a qualified applicant under this 23 section. The state or local registrar may verify the identity 24 documents and evidence of eligibility to determine the acceptability 25 and authenticity of identity documentation and evidence of 26 eligibility. 27 (15) The state or local registrar may not issue a certification 28 of birth or fetal death, including a certification of birth resulting 29 in stillbirth, that includes information from the confidential 30 section of record, except as provided in subsection (16) of this 31 section. 32 (16) The state registrar may release information contained in the 33 confidential section of the birth record only to the following 34 persons: 35 (a) The individual who is the subject of the birth record, upon 36 confirmation of documentation and evidence of identity of the 37 requestor in a manner approved by the state board of health and the 38 department. The state registrar must limit the confidential 39 information provided to the individual who is the subject of the 40 p. 15 SSB 6081.SL birth record's information, and may not include the parent's 1 confidential information; or 2 (b) A member of the public, upon order of a court of competent 3 jurisdiction. 4 (17) A person requesting a certification of marriage, dissolution 5 of marriage, or dissolution of domestic partnership currently held by 6 the department must submit an application and the applicable fee 7 established in RCW 70.58A.560 to the state registrar. 8 (18) The state registrar may mark deceased on a birth 9 certification when that birth record is matched to a death record 10 under RCW 70.58A.060. 11 (19) The state or local registrar must issue an informational 12 copy from the central vital records system to anyone. Informational 13 copies must contain only the information allowed by rule. 14 Informational copies of death records must not display information 15 related to cause and manner of death. 16 (20) A person requesting an informational copy must submit an 17 application and the applicable fee established in RCW 70.58A.560 to 18 the state or local registrar. 19 (21) If no record is identified as matching the information 20 provided in the application, the state or local registrar shall issue 21 a document indicating that a search of the vital records system was 22 made and no matching record was identified. 23 (22) All government agencies or courts to whom certifications or 24 informational copies are issued must pay the applicable fee for 25 certifications established in RCW 70.58A.560. 26 (23) The state or local registrar must comply with the 27 requirements of this chapter when issuing a certification or 28 informational copy of a vital life event. 29 (24) The department may issue, through electronic means and 30 processes determined by the department, verifications of information 31 contained on birth or death records filed with the department when a 32 verification is requested by a government agency, insurance company, 33 hospital, or any other organization in the conduct of its official 34 duties for fraud prevention and good governance purposes as 35 determined by the department. The department shall charge a fee for a 36 search under this subsection. 37 (25) For the purposes of this section: 38 p. 16 SSB 6081.SL (a) "Qualified applicant" means a person who is eligible to 1 receive a certification of a vital record based on the standards 2 established by this chapter and department rule. 3 (b) "Stillbirth" means the same as fetal death as defined in RCW 4 70.58A.010. 5 Sec. 10. RCW 70.58A.540 and 2019 c 148 s 22 are each amended to 6 read as follows: 7 (1) All or part of any vital records, reports, supporting 8 documentation, vital statistics, data, or information contained 9 therein, including information related to sex designation changes 10 under this chapter, are not subject to public inspection and copying 11 under chapter 42.56 RCW. 12 (2) With the exception of certifications and informational copies 13 issued under RCW 70.58A.530, or unless otherwise authorized by this 14 chapter, ((no person may permit the inspection of, disclose data or 15 information contained in, or copy or issue a copy of all or part of 16 any)) all vital records, reports, supporting documentation, vital 17 statistics, data, ((or)) and information contained therein maintained 18 by the department are confidential and are not subject to state or 19 federal discovery, subpoenas, or other compulsory process. 20 NEW SECTION. Sec. 11. This act is necessary for the immediate 21 preservation of the public peace, health, or safety, or support of 22 the state government and its existing public institutions, and takes 23 effect immediately. 24 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 --- p. 17 SSB 6081.SL