BILL REQ. #:  S-1472.2 

READ FIRST TIME 03/02/05.   

     AN ACT Relating to limiting the disclosure of birth certificates; and amending RCW 70.58.005 and 70.58.082.

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

Sec. 1   RCW 70.58.005 and 1991 c 3 s 342 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Department" means the department of health.
     (2) "Registrant" means the person named on the vital record whom the recorded event primarily concerns.
     (3) "Vital records" means records of birth, death, fetal death, marriage, dissolution, annulment, and legal separation, as maintained under the supervision of the state registrar of vital statistics.

Sec. 2   RCW 70.58.082 and 1997 c 108 s 1 are each amended to read as follows:
     No person may prepare or issue any birth certificate that purports to be an original, certified copy, or copy of a birth certificate except as authorized in this chapter.
     (1) The department shall adopt rules providing for the release of paper or electronic copies of birth certificate records ((that)). Except for birth certificates provided under subsection (4) of this section, the rules shall include adequate means for determining the proper identity of the person making the request for the release of the record by requiring the presentation of either a valid photo identification issued to the person by any federal, state, or local government or two forms of nonphotographic identification issued to the person both of which must include the person's signature, adequate standards for maintaining the security and confidentiality((, assure)) of the records, adequate assurances that the proper record is identified, and ((prevent fraudulent use of records)) adequate safeguards for preventing the fraudulent use of the record by requiring an applicant to state his or her purpose for requesting the record and his or her relationship to the registrant. All certified copies of birth certificates in the state must be on paper and in a format provided and approved by the department and must include security features to deter the alteration, counterfeiting, duplication, or simulation without ready detection.
     (2) Except for birth certificates provided under subsection (4) of this section, the rules shall limit the release of paper or electronic copies of birth certificate records to: (a) The registrant or a parent or legal guardian of the registrant; (b) the registrant's spouse, adult sibling, grandparent, or adult descendant; (c) an authorized representative of an individual named in (a) or (b) of this subsection. A representative may prove authorization by producing a letter of permission with a notarized signature of an individual named in (a) or (b) of this subsection; (d) an attorney representing the registrant; (e) a member of a law enforcement agency who is conducting official business; and (f) any person or agency empowered by statute or appointed by a court to act on the registrant's behalf.
     (3) Upon the registrant's death, birth certificate records in the custody of the department become public records and any person may obtain copies of such records, upon submission of the appropriate fee, an application containing sufficient information to locate the record, and proof of the registrant's death. The copies shall prominently display the marking "DECEASED."
     (4) Federal, state, and local governmental agencies may, upon request and with submission of the appropriate fee, be furnished copies of birth certificates if the birth certificate will be used for the agencies' official duties. The department may enter into agreements with offices of vital statistics outside the state for the transmission of copies of birth certificates to those offices when the birth certificates relate to residents of those jurisdictions and receipt of copies of birth certificates from those offices. The agreement must specify the statistical and administrative purposes for which the birth certificates may be used and must provide instructions for the proper retention and disposition of the copies. Copies of birth certificates that are received by the department from other offices of vital statistics outside the state must be handled as provided under the agreements.
     The department may disclose information that may identify any person named in any birth certificate record for research purposes as provided under chapter 42.48 RCW.