Address confidentiality prg.

AN ACT Relating to the address confidentiality program; amending 1
RCW 40.24.010, 40.24.030, 40.24.040, 40.24.050, 40.24.060, 40.24.070, 2
40.24.080, and 40.24.100; and reenacting and amending RCW 40.24.020.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 40.24.010 and 2019 c 122 s 1 are each amended to 5
read as follows: 6
The legislature finds that persons attempting to escape from 7
((actual or threatened )) domestic violence, harassment, sexual 8
assault, stalking, or trafficking((, or stalking )) frequently 9
establish new addresses in order to prevent their assailants ((or 10
probable assailants )) from finding them. This new address, however, 11
is only useful if an assailant does not discover it. The purpose of 12
this chapter is to enable state and local agencies to accept the 13
address designated by the secretary of state as the participant's 14
actual address, to respond to requests for public records without 15
disclosing the location of a victim ((of domestic violence, sexual 16
assault, trafficking, or stalking )), and to enable interagency 17
cooperation with the secretary of state in providing address 18
confidentiality for victims ((of domestic violence, sexual assault, 19
trafficking, or stalking, and to enable state and local agencies to 20
accept a program participant's use of an address designated by the 21
Z-0435.4
HOUSE BILL 2576
State of Washington 69th Legislature 2026 Regular Session
By Representatives Davis, Ormsby, Parshley, Leavitt, Reed, Duerr, and
Thomas; by request of Secretary of State
Read first time 01/19/26. Referred to Committee on State Government
& Tribal Relations.
p. 1 HB 2576
secretary of state as a substitute mailing address )). The legislature 1
further intends to provide assistance to program participants who own 2
or desire to own property in the state to protect such ownership from 3
public disclosure. 4
Sec. 2. RCW 40.24.020 and 2008 c 312 s 2 and 2008 c 18 s 1 are 5
each reenacted and amended to read as follows: 6
Unless the context clearly requires otherwise, the definitions in 7
this section apply throughout this chapter. 8
(1) (("Address")) "Actual address" means a residential street 9
address, school address, or work address of an individual, as 10
specified on the individual's application to be a program participant 11
under this chapter. 12
(2) "Applicant" means an individual adult who applies as a 13
participant to the program as for the applicant's own participation 14
or for the participation of others unable to apply because of age or 15
incapacity.16
(3) "Application assistant" means a person designated by a state 17
or local agency, or a nonprofit agency under RCW 40.24.080, to assist 18
an applicant in the preparation of a program application.19
(4) "Domestic violence" means an act ((as)) defined as "domestic 20
violence" in RCW ((10.99.020)) 7.105.010 and includes ((a threat of 21
such acts committed against an individual in a domestic situation )) 22
an attempt to commit such acts against an individual , regardless of 23
whether these acts , attempts, or threats have been reported to law 24
enforcement officers. 25
(((3))) (5) "Harassment" means an act described in RCW 9A.46.020 26
or 9A.90.120 and includes an attempt to commit such acts against an 27
individual, regardless of whether these acts, attempts, or threats 28
have been reported to law enforcement officers.29
(6) "Program" means the address confidentiality program 30
established in this chapter.31
(7) "Program participant" or "participant" means a person 32
certified ((as a )) into the program ((participant under )) in 33
accordance with RCW 40.24.030. 34
(((4))) (8) "Residential address" means the physical location 35
where the participant resides, for which the participant is 36
requesting confidentiality.37
(9) "Sexual assault" means an act defined as "sexual assault" in 38
RCW 70.125.030 and includes an attempt to commit such acts against an 39
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individual, regardless of whether these acts, attempts, or threats 1
have been reported to law enforcement officers. 2
(10) "Stalking" means an act ((defined)) described in RCW 3
9A.46.110 and includes a threat of such acts committed against an 4
individual, regardless of whether these acts , attempts, or threats 5
have been reported to law enforcement officers. 6
(((5))) (11) "Substitute address" means an address designated by 7
the secretary of state that is used instead of an actual address as 8
described in RCW 40.24.050.9
(12) "Trafficking" means an act as defined in RCW 9A.40.100 or an 10
act recognized as a severe form of trafficking under 22 U.S.C. Sec. 11
7102(8) as it existed on June 12, 2008, or such subsequent date as 12
may be provided by the secretary of state by rule, consistent with 13
the purposes of this subsection, and includes an attempt to commit 14
such acts against an individual, regardless of whether the act or 15
attempt has been reported to law enforcement. 16
Sec. 3. RCW 40.24.030 and 2024 c 292 s 2 are each amended to 17
read as follows: 18
(1)(((a) An adult person, a parent or guardian acting on behalf 19
of a minor, or a guardian acting on behalf of an individual subject 20
to guardianship as defined in RCW 11.130.010, (b) any election 21
official as described in RCW 9A.46.020 or 9A.90.120 who is a target 22
for threats or harassment prohibited under RCW 9A.46.020 or 23
9A.90.120(2)(b) (iii) or (iv), and any person residing with such 24
person, (c) any criminal justice participant as defined in RCW 25
9A.46.020 who is a target for threats or harassment prohibited under 26
RCW 9A.46.020(2)(b) (iii) or (iv) and any criminal justice 27
participant as defined in RCW 9A.90.120 who is a target for threats 28
or harassment prohibited under RCW 9A.90.120(2)(b) (iii) or (iv), and 29
any person residing with such person, and (d) any protected health 30
care services provider, employee, or an affiliate of such provider, 31
who provides, attempts to provide, assists in the provision, or 32
attempts to assist in the provision of protected health care services 33
as defined in RCW 7.115.010, and any family members residing with 34
such person, may apply to the secretary of state to have an address 35
designated by the secretary of state serve as the person's address or 36
the address of the minor or incapacitated person. The secretary of 37
state shall approve an application if it is )) A program application 38
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must be filed in the manner and on the form prescribed by the 1
secretary of state and ((if it)) contain((s)): 2
(((i))) (a) The full legal name and date of birth of the 3
applicant;4
(b) The full legal name and date of birth of any person who 5
resides with the applicant;6
(c) A sworn statement, under penalty of perjury, by the applicant 7
that ((the)): (i) The applicant has good reason to believe (((A))) 8
that the applicant, or the minor or incapacitated person on whose 9
behalf the application is made, is a victim of domestic violence, 10
harassment, sexual assault, stalking, or trafficking((, or stalking 11
and that the applicant fears for the applicant's safety or the 12
applicant's children's safety, or the safety of the minor or 13
incapacitated person on whose behalf the application is made; (B) 14
that the applicant, as an election official as described in RCW 15
9A.46.020 or 9A.90.120, is a target for threats or harassment 16
prohibited under RCW 9A.46.020 or 9A.90.120(2)(b) (iii) or (iv); (C) 17
that the applicant, as a criminal justice participant as defined in 18
RCW 9A.46.020, is a target for threats or harassment prohibited under 19
RCW 9A.46.020(2)(b) (iii) or (iv), or that the applicant, as a 20
criminal justice participant as defined in RCW 9A.90.120 is a target 21
for threats or harassment prohibited under RCW 9A.90.120(2)(b) (iii) 22
or (iv); or (D) that the applicant, as a protected health care 23
services provider, employee, or an affiliate of such provider, who 24
provides, attempts to provide, assists in the provision, or attempts 25
to assist in the provision of protected health care services as 26
defined in RCW 7.115.010, is a target for threats or harassment 27
prohibited under RCW 9A.90.120 or 9A.46.020;28
(ii) If applicable, a sworn statement, under penalty of perjury, 29
by the applicant, that the applicant has reason to believe they are a 30
victim of (A) domestic violence, sexual assault, or stalking 31
perpetrated by an employee of a law enforcement agency, (B) threats 32
or harassment prohibited under RCW 9A.90.120(2)(b) (iii) or (iv) or 33
9A.46.020(2)(b) (iii) or (iv), or (C) threats or harassment as 34
described in (a)(i)(D) of this subsection;35
(iii))), and indicate whether or not the applicant believes the 36
applicant was victimized by an employee of a law enforcement agency; 37
(ii) that the disclosure of the applicant's address would endanger 38
the applicant's safety or the safety of the applicant's children or 39
the minor or incapacitated person on whose behalf the application is 40
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made; and (iii) that the applicant has confidentially relocated or 1
will confidentially relocate in the state; 2
(d) A designation of the secretary of state as agent for purposes 3
of service of process and for the purpose of receipt of mail;4
(((iv))) (e) The residential address ((and any telephone number 5
where the applicant can be contacted by the secretary of state, which 6
shall not be disclosed because disclosure will increase the risk of 7
(A) domestic violence, sexual assault, trafficking, or stalking, (B) 8
threats or harassment prohibited under RCW 9A.90.120(2)(b) (iii) or 9
(iv) or 9A.46.020(2)(b) (iii) or (iv), or (C) threats or harassment 10
as described in (a)(i)(D) of this subsection )) of the applicant in 11
the state of Washington; 12
(((v))) (f) The mailing address to which mail should be sent if 13
different from the applicant's residential address;14
(g) The phone number or numbers where the applicant can be called 15
by the secretary of state;16
(h) A signed acknowledgment of adult persons residing with the 17
applicant and participating in the program, designating the secretary 18
of state as an agent for purpose of services of process and for the 19
purpose of receipt of mail;20
(i) The signature of the applicant and of any ((individual or 21
representative of any office designated in writing under RCW 22
40.24.080 who assisted )) application assistant who assisted in the 23
preparation of the application((, and the)); and24
(j) The date on which the applicant signed the application.25
(2) ((Applications shall be filed with the office of the 26
secretary of state.27
(3) Upon filing a properly completed application, the secretary 28
of state shall certify the applicant as a program participant. 29
Applicants shall be certified for four years following the date of 30
filing unless the certification is withdrawn or invalidated before 31
that date. The secretary of state shall by rule establish a renewal 32
procedure.33
(4)))(a) During the application process, the secretary of state 34
shall provide each applicant a form to direct the department of 35
licensing to change the address of registration for vehicles or 36
vessels solely or jointly registered to the applicant and the address 37
associated with the applicant's driver's license or identicard to the 38
applicant's address as designated by the secretary of state upon 39
certification in the program. The directive to the department of 40
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licensing is only valid if signed by the applicant. The directive may 1
only include information required by the department of licensing to 2
verify the applicant's identity and ownership information for 3
vehicles and vessels. This information is limited to the:4
(i) Applicant's full legal name; 5
(ii) Applicant's Washington driver's license or identicard 6
number; 7
(iii) Applicant's date of birth; 8
(iv) Vehicle identification number and license plate number for 9
each vehicle solely or jointly registered to the applicant; and10
(v) Hull identification number or vessel document number and 11
vessel decal number for each vessel solely or jointly registered to 12
the applicant. 13
(b) Upon certification of the applicants, the secretary of state 14
shall transmit completed and signed directives to the department of 15
licensing. 16
(c) Within 30 days of receiving a completed and signed directive, 17
the department of licensing shall update the applicant's address on 18
registration and licensing records. 19
(d) Applicants are not required to sign the directive to the 20
department of licensing to be certified as a program participant.21
(((5))) (3) A person who knowingly provides false or incorrect 22
information upon making an application ((or falsely attests in an 23
application that disclosure of the applicant's address would endanger 24
(a) the applicant's safety or the safety of the applicant's children 25
or the minor or incapacitated person on whose behalf the application 26
is made, (b) the safety of any election official as described in RCW 27
9A.46.020 or 9A.90.120 who is a target for threats or harassment 28
prohibited under RCW 9A.46.020 or 9A.90.120(2)(b) (iii) or (iv), (c) 29
the safety of any criminal justice participant as defined in RCW 30
9A.46.020 who is a target for threats or harassment prohibited under 31
RCW 9A.46.020(2)(b) (iii) or (iv) or of any criminal justice 32
participant as defined in RCW 9A.90.120 who is a target for threats 33
or harassment prohibited under RCW 9A.90.120(2)(b) (iii) or (iv), or 34
(d) the safety of any person as described in subsection (1)(a)(i)(D) 35
of this section who is a target for threats or harassment, or any 36
family members residing with such person, )) shall be punished under 37
RCW 40.16.030 or other applicable statutes. 38
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Sec. 4. RCW 40.24.040 and 2008 c 18 s 3 are each amended to read 1
as follows: 2
(1) ((If the)) (a) Upon determining that an application has been 3
properly completed, the secretary of state shall certify the 4
applicant and those residing with the applicant as program 5
participants.6
(b) Participants shall be certified for four years following the 7
date of certification unless the certification is withdrawn or 8
invalidated before that date.9
(c) The secretary of state shall by rule establish a renewal 10
procedure.11
(2) Certification of a program participant ((obtains)) shall be 12
canceled if the participant: (a) Obtains a legal change of 13
identity((, he or she loses certification as a program participant )); 14
(b) requests cancellation; (c) knowingly submits false information on 15
the program application; or (d) is deceased. 16
(((2) The secretary of state may cancel a program participant's 17
certification if there )) (3) Certification of a program participant 18
may be canceled if:19
(a) There is a change in the participant's name or residential 20
address, unless the program participant provides the secretary of 21
state with ((at least two days' prior )) notice in writing ((of the 22
change of address.23
(3) The secretary of state may cancel certification of a program 24
participant if mail)) within 72 hours of the change; or25
(b) Mail forwarded by the secretary to the program participant's 26
address is returned as nondeliverable, refused, or unclaimed.27
(((4) The secretary of state shall cancel certification of a 28
program participant who applies using false information.))29
Sec. 5. RCW 40.24.050 and 1991 c 23 s 5 are each amended to read 30
as follows: 31
(1) ((A)) The program participant ((may request )), not the 32
secretary of state, is responsible for requesting that state and 33
local government agencies use the ((address designated by the 34
secretary of state as his or her address )) participant's substitute 35
address as the participant's residential, work, or school address for 36
all purposes for which agencies request such residential, work, or 37
school address. 38
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(2) When the program participant submits a current and valid 1
address confidentiality program authorization card to the agency, the 2
agency is required to accept the substitute address as the 3
participant's residential, work, or school address when creating a 4
new public record ((, state and local agencies shall accept the 5
address designated by the secretary of state as a program 6
participant's substitute address)), unless ((the)):7
(a) The secretary of state has determined that:8
(((a))) (i) The agency has a bona fide statutory or 9
administrative requirement for the use of the address which would 10
otherwise be confidential under this chapter; and 11
(((b))) (ii) This address will be used only for those statutory 12
and administrative purposes; and13
(b) There is no possible workaround. 14
(((2) A program participant may use the address designated by the 15
secretary of state as his or her work address.))16
(3) Public records containing the residential address of a 17
program participant under subsection (2) of this section are exempt 18
from public inspection and copying under chapter 42.56 RCW.19
(4) The office of the secretary of state shall receive first-20
class, certified, or registered mail on behalf of a program 21
participant and forward ((all first-class mail )) it to the 22
((appropriate program)) participant((s)). 23
Sec. 6. RCW 40.24.060 and 2011 c 10 s 81 are each amended to 24
read as follows: 25
((The county auditor shall mail a ballot to a program participant 26
qualified and registered at the mailing address provided. )) (1) A 27
designated election official as defined in RCW 29A.04.058, shall use 28
the actual address of a program participant for precinct designation 29
and shall keep the participant's actual address confidential from the 30
public. The election official shall use the substitute address for 31
all correspondence and mailing placed in the United States mail. The 32
substitute address shall not be used as an address for voter 33
registration.34
(2) Neither the name nor the address of a program participant 35
shall be included in any list of registered voters available to the 36
public. The provisions of this section shall apply only to program 37
participants who submit a current and valid address confidentiality 38
program card when registering to vote.39
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(3) The provisions of this section do not apply to a program 1
participant who registers to vote without submitting a protected 2
records voter registration through the address confidentiality 3
program or designated election official.4
Sec. 7. RCW 40.24.070 and 2015 c 190 s 2 are each amended to 5
read as follows: 6
The secretary of state may not make any records in a program 7
participant's file available for inspection or copying, other than 8
the address designated by the secretary of state, except under the 9
following circumstances: 10
(1) If requested by a law enforcement agency, to the law 11
enforcement agency((; and)), if:12
(a) The participant's application contains no indication that he 13
or she has been a victim of domestic violence, harassment, sexual 14
assault, ((or)) stalking, or trafficking perpetrated by a law 15
enforcement employee; and 16
(b) The request is in accordance with official law enforcement 17
duties and is in writing on official law enforcement letterhead 18
stationery and signed by the law enforcement agency's chief officer, 19
or his or her designee; ((or))20
(2) If directed by a court order, to a person identified in the 21
order((; and22
(a) The request is made by a nonlaw enforcement agency; or23
(b) The participant's file indicates he or she has reason to 24
believe he or she is a victim of domestic violence, sexual assault, 25
or stalking perpetrated by a law enforcement employee. )) as provided 26
in RCW 40.24.075; or27
(3) To the Washington state patrol solely for the use authorized 28
in RCW 80.36.570, provided that participant information must clearly 29
distinguish between those participants requesting disclosure to a law 30
enforcement agency of the location of a telecommunications device and 31
call information of the user, and those participants who request 32
nondisclosure to a law enforcement agency of the location of a 33
telecommunications device and call information of the user. The 34
Washington state patrol may not use the information or make the 35
information available for inspection and copying for any other 36
purpose than authorized in RCW 80.36.570. The secretary of state may 37
adopt rules to make available the information required for the 38
purposes of this section and RCW 80.36.570. The secretary of state 39
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and the secretary of state's officers, employees, or custodian, are 1
not liable, nor shall a cause of action exist, for any loss or damage 2
based upon the release of information, or the nondisclosure of 3
information, from the address confidentiality program to the 4
Washington state patrol if the agency, officer, employee, or 5
custodian acted in good faith in attempting to comply with the 6
provisions of this section and RCW 80.36.570. 7
Sec. 8. RCW 40.24.080 and 2008 c 312 s 4 are each amended to 8
read as follows: 9
The secretary of state shall designate state and local agencies 10
and nonprofit agencies that provide counseling and shelter services 11
to victims of domestic violence, harassment, sexual assault, 12
stalking, or trafficking((, or stalking )) to assist persons applying 13
to be program participants. Application assistants will be trained by 14
the secretary of state. Any assistance and counseling rendered by the 15
office of the secretary of state or its designees to applicants shall 16
in no way be construed as legal advice. 17
Sec. 9. RCW 40.24.100 and 2019 c 122 s 2 are each amended to 18
read as follows: 19
The secretary of state shall enter into an interagency agreement 20
with the office of civil legal aid to develop and make available 21
information, online self-help resources, and other legal aid services 22
to help participants to own property in the state without public 23
disclosure of such ownership. ((These resources must also include 24
information to help participants purchase property in the name of a 25
nonprofit organization or corporation, without public disclosure of 26
ownership, in order to establish a safe house for other participants 27
or for sex trafficking victims. )) The secretary of state and the 28
state and local agencies and nonprofit agencies designated by the 29
secretary of state under RCW 40.24.080 shall publicize the 30
availability of legal resources and assistance under this section to 31
program participants and applicants. The secretary of state may not 32
provide direct legal resources and assistance to participants. No fee 33
may be charged to the participants for legal assistance under this 34
section. This section creates no individual right to legal assistance 35
or representation in litigation at public expense.36
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