HOUSE BILL REPORT

HB 1799

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 15 members: Representatives Cody, Chair; Macri, Vice Chair; Schmick, Ranking Minority Member; Caldier, Assistant Ranking Minority Member; Chambers, Davis, DeBolt, Harris, Jinkins, Maycumber, Riccelli, Robinson, Stonier, Thai and Tharinger.

Background:

The Department of Health (Department) operates a state vital records system for registering births, deaths, fetal deaths, marriages, divorce decrees, annulments, and separations. The vital records system must collect items recommended for collection by the federal government. Death certificates must include identifying information about the deceased person, the time and place of death, the circumstances and cause of death, and information about the person certifying the death. The Department and local registrars may issue certified copies of death certificates for deaths that occurred in Washington.

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Summary of Substitute Bill:

The state or local registrars may issue a short form death certificate that does not display Social Security numbers or information about the cause and manner of death. A short form death certificate may be requested by:

specified family members, guardians, and representatives;
funeral directors, funeral establishments, and people with the right to control the disposition of the human remains;
a title insurer or title insurance agent handling a transaction involving real property in which the decedent held a right, title, or interest; and
a person who demonstrates that the certified copy is necessary for a determination related to the death or the protection of a personal or property right related to the death.

Substitute Bill Compared to Original Bill:

The substitute bill allows state and local registrars to issue a short form death certificate that does not display Social Security numbers or information about the cause and manner of the decedent's death. The exclusion of the names of the decedent's parents from the short form death certificate is eliminated.

The substitute bill allows a short form death certificate to be requested by: (1) specified family members, guardians, and representatives; (2) funeral directors, funeral establishments, and people with the right to control the disposition of the human remains; (3) a title insurer or title insurance agent handling a transaction involving real property in which the decedent held a right, title, or interest; and (4) a person who demonstrates that the certified copy is necessary for a determination related to the death or the protection of a personal or property right related to the death.

The substitute bill removes the requirement that a government agency recognize the short form death certificate as having the full effect of a complete death certificate in certain situations. The substitute bill removes the requirement that forms for short form death certificates include a notice that the certificate might not have sufficient information for all purposes.

Staff Summary of Public Testimony:

(In support) Death certificates are frequently filed with government agencies and it is striking to see how much personal information is being put into the public domain for no apparent reason. This bill prohibits the disclosure of some of the information that bad actors distribute, like Social Security numbers, cause of death, and parents' names. The amount of information being disclosed through death certificate filings raises privacy concerns, as well as identity theft and identity fraud issues. Most of the time an agency is just looking for the fact of death and nothing else. There is a growing desire from the public to keep their private information private. This bill does not do away with the full death certificate, but simply offers an alternative for when the other information is not necessary. This is a great bill that passed unanimously last year.

(Opposed) None.

(Other) The Department of Health has request legislation to overhaul the vital records system that includes the creation of a short form death certificate which has been extensively reviewed by stakeholders who intend to use it. The short form death certificate should not include the manner of death. Government agencies and other end users of the short form death certificate such as county auditors, title companies, and banks depend on Social Security numbers or decedents' parents' names to match the death certificates to their records and should be included on the short form death certificate. The rulemaking process should be used to define the elements on the short form death certificate.