"Sec. 1   RCW 46.63.160 and 2007 c 372 s 2 and 2007 c 101 s 2 are each reenacted and amended to read as follows:
     (1) This section applies only to infractions issued under RCW 46.61.690 for toll collection evasion using a photo monitoring system. The photo monitoring system shall be used to detect infractions and issue notices of infractions as follows:
     (a) Where a photo toll is assessed and a toll bill is issued, failure to pay the toll bill within forty-five days from the date the toll bill is issued is an infraction, and a notice of infraction may be issued.
     (b) Where a toll facility does not assess photo tolls, failure to pay a toll immediately upon using the toll facility is an infraction, and a notice of infraction may be issued.
     (2) Nothing in this section prohibits a law enforcement officer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.030(1) (a), (b), or (c).
     (3) Toll collection systems include manual cash collection, electronic toll collection, and photo ((enforcement)) monitoring systems.
     (4) "Electronic toll collection system" means a system of collecting tolls or charges that is capable of charging the account of the ((toll patron)) customer the appropriate toll or charge by electronic transmission from the motor vehicle to the toll collection system, which information is used to charge the appropriate toll or charge to the ((patron's)) customer's account.
     (5) "Photo ((enforcement)) monitoring system" means a vehicle sensor installed to work in conjunction with an electronic toll collection system that automatically produces one or more photographs, one or more microphotographs, a videotape, or other recorded images of a vehicle ((operated in violation of an infraction under this chapter)) using an eligible toll facility.
     (6) "Photo toll" means a toll assessed pursuant to the vehicle license information gathered by a photo monitoring system. A photo toll may include an administrative fee.
     (7) "Electronic toll" means the charge made to a customer's toll account when the customer's vehicle is detected by the electronic toll collection system at a toll facility. An electronic toll does not include an administrative fee.
     (8) "State toll agency" means the governing body that is legally empowered to operate the tolling program, as defined under RCW 47.56.810, including collection and enforcement of tolls on eligible toll facilities as defined under RCW 47.56.810.
     (9) "Toll bill" means the bill sent by the state toll agency to a customer for a photo toll, plus an appropriate administrative fee, and if unpaid after forty-five days from the date billed, automatically becomes an infraction, and a notice of infraction may be issued to the customer.
     (10) "Customer," for toll billing purposes, means the registered owner of the vehicle who incurs a toll through the use of an eligible toll facility.
     (11) "Open road tolling" means a toll system that uses a combination of electronic tolling and photo tolling to collect all tolls on a toll facility. Toll booths are not available so vehicles may maintain regular traffic speeds when passing through an open road toll facility.
     (12) "Notice of infraction" means a notice informing the customer that he or she has committed an infraction by failing to pay a toll when due and is therefore subject to penalties and administrative fees as authorized by law.
     (13) The use of a toll collection system is subject to the following requirements:
     (a) The ((department of transportation)) state toll agency shall adopt rules that allow an open standard for automatic vehicle identification transponders used for electronic toll collection to be compatible with other electronic payment devices or transponders from the Washington state ferry system, other public transportation systems, or other toll collection systems to the extent that technology permits. The rules must also allow for multiple vendors providing electronic payment devices or transponders as technology permits. To the extent practicable, the state toll agency shall adopt electronic toll collection systems that allow anonymous customers and anonymous accounts that are not linked to a specific vehicle.
     (b) The ((department of transportation)) state toll agency may not sell, distribute, or make available in any way, the names and addresses of electronic toll collection system account holders.
     (((7))) (c) All records of travel created by a toll collection system that identify a specific person, vehicle, or account are for the exclusive use of the state toll agency and law enforcement in the collection and billing of tolls and in the discharge of duties under this section and are not open to the public, and may not be used in a court in a pending action or proceeding unless the action or proceeding relates to a toll charge or violation under this chapter or chapter 47.56 RCW. Records identifying a specific instance of travel must not be retained by the department longer than necessary to ensure payment of the tolls or verify that tolls are paid. Aggregate records that do not identify an individual, vehicle, or account may be maintained.
     (14) The use of a photo ((enforcement)) monitoring system for issuance of notices of infraction is subject to the following requirements:
     (a) Photo ((enforcement)) monitoring systems may take photographs, digital photographs, microphotographs, videotapes, or other recorded images of the vehicle and vehicle license plate only.
     (b) ((A notice of infraction must be mailed to the registered owner of the vehicle or to the renter of a vehicle within sixty days of the violation.)) The law enforcement officer or state toll agency issuing the notice of infraction shall include with it a certificate or facsimile thereof, based upon inspection of photographs, microphotographs, videotape, or other recorded images produced by a photo ((enforcement)) monitoring system, stating the facts supporting the notice of infraction. This certificate or facsimile is prima facie evidence of the facts contained in it and is admissible in a proceeding charging a violation under this chapter. The photographs, digital photographs, microphotographs, videotape, or other recorded images evidencing the violation must be available for inspection and admission into evidence in a proceeding to adjudicate the liability for the infraction.
     (c) Notwithstanding any other provision of law, all photographs, digital photographs, microphotographs, videotape, or other recorded images prepared under this chapter are for the exclusive use of the tolling agency and law enforcement in the discharge of duties under this section and are not open to the public and may not be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation under this chapter. No photograph, digital photograph, microphotograph, videotape, or other recorded image may be used for any purpose other than enforcement ((of violations under this chapter)) nor retained longer than necessary to enforce this chapter or verify that tolls are paid.
     (d) All locations where a photo ((enforcement)) monitoring system is used must be clearly marked by placing signs in locations that clearly indicate to a driver that he or she is entering a zone where traffic laws are enforced by a photo ((enforcement)) monitoring system.
     (((8))) (15) Infractions detected through the use of photo ((enforcement)) monitoring systems are not part of the registered owner's driving record under RCW 46.52.101 and 46.52.120. Additionally, infractions generated by the use of photo enforcement systems under this section shall be processed in the same manner as parking infractions, including for the purposes of RCW ((3.46.120,)) 3.50.100, 35.20.220, 46.16.216, and 46.20.270(3).
     (((9))) (16) The penalty for an infraction detected through the use of a photo ((enforcement)) monitoring system shall be forty dollars plus an additional toll penalty. One dollar of the infraction amount must be forwarded to the state treasurer for deposit in the judicial information system account established in RCW 2.68.020 to be used to provide courts with automated systems that support court management of infractions detected through the use of photo monitoring systems. The toll penalty is ((equal to three times the cash toll for a standard passenger car during peak hours)) twelve dollars. ((Any reduction in the total penalty imposed shall be made proportionally between the forty-dollar penalty and the toll penalty.)) The toll penalty may not be reduced. The court shall remit the toll penalty to the department of transportation or a private entity under contract with the department of transportation for deposit in the statewide account in which tolls are deposited for the tolling facility at which the violation occurred. If the driver is found not to have committed an infraction under this section, the driver shall pay the toll due at the time the photograph was taken, unless the toll has already been paid.
     (((10))) (17) If the registered owner of the vehicle is a rental car business the ((department of transportation)) state toll agency or a law enforcement agency shall, before a notice of infraction being issued under this section, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within eighteen days of the mailing of the written notice, provide to the issuing agency by return mail:
     (a) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or
     (b) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred because the vehicle was stolen at the time of the infraction. A statement provided under this subsection must be accompanied by a copy of a filed police report regarding the vehicle theft; or
     (c) In lieu of identifying the vehicle operator, the rental car business may pay the applicable toll and fee.
     Timely mailing of this statement to the issuing law enforcement or toll agency relieves a rental car business of any liability under this chapter for the notice of infraction.

Sec. 2   RCW 47.56.810 and 2008 c 122 s 3 are each amended to read as follows:
     The definitions in this section apply throughout this subchapter unless the context clearly requires otherwise:
     (1) "Tolling authority" means the governing body that is legally empowered to review and adjust toll rates. Unless otherwise delegated, the transportation commission is the tolling authority for all state highways.
     (2) "Eligible toll facility" or "eligible toll facilities" means portions of the state highway system specifically identified by the legislature including, but not limited to, transportation corridors, bridges, crossings, interchanges, on-ramps, off-ramps, approaches, bistate facilities, and interconnections between highways.
     (3) "Toll revenue" or "revenue from an eligible toll facility" means toll receipts, all interest income derived from the investment of toll receipts, and any gifts, grants, or other funds received for the benefit of the eligible toll facility.
     (4) "Tolling program" means the tolling operation used by an eligible toll facility within the state, and may include toll collection and toll enforcement processes.
     (5) "State toll agency" means the governing body that is legally empowered to operate tolling programs, including collection and enforcement of tolls on eligible toll facilities.
     (6) "Customer-initiated payment" means the payment of a photo toll, plus an administrative fee, prior to the issuance of a toll bill.
     (7) "Electronic toll collection system" means a system used by a toll facility that works in conjunction with a customer's toll account to facilitate the collection of tolls based on motor vehicle transponder interaction that is then used to charge the appropriate electronic toll to the customer's toll account.
     (8) "Electronic toll" means the charge made to a customer's toll account when the customer's vehicle is detected by the electronic toll collection system at a toll facility. An electronic toll does not include an administrative fee.
     (9) "Electronic tolling" means collecting tolls through charging electronic tolls.
     (10) "Photo monitoring system" means a system used by a toll facility that captures images of vehicles and vehicle license plates using the toll facility. The system includes a vehicle sensor that may work in conjunction with an electronic toll collection system and may capture only the license plate image by photographing or videotaping images of the license plate of a vehicle that uses a toll facility without registering an electronic toll collection payment at the toll collection point. The state toll agency may collect and use this information for photo toll collection.
     (11) "Photo toll" means a toll assessed pursuant to the vehicle license information gathered by a photo monitoring system. A photo toll may include an administrative fee.
     (12) "Photo tolling" means collecting tolls by issuing photo tolls.
     (13) "Toll bill" means the bill sent by the tolling agency to a customer for a photo toll, plus an appropriate administrative fee. If unpaid after forty-five days from the date the bill was issued, the unpaid photo toll becomes an infraction under RCW 46.61.690, and a notice of infraction may be issued to the customer.
     (14) "Customer," for toll billing purposes, means the registered owner of the vehicle incurring a toll through the use of an eligible toll facility.
     (15) "Variable pricing" or "variable tolling" means establishing toll rates for a toll facility that will change at set times of day to improve system performance.
     (16) "Dynamic tolling" means establishing a range of toll rates for a toll facility that will change throughout the day in response to traffic conditions to improve system performance.
     (17) "Transponder" means the electronic device mounted on the vehicle for collection of tolls through an electronic toll collection system.
     (18) "Open road tolling" means a toll system that uses a combination of electronic tolling and photo tolling to collect all tolls on a toll facility.

NEW SECTION.  Sec. 3   A new section is added to chapter 47.56 RCW under the subchapter heading "toll facilities created after July 1, 2008" to read as follows:
     This section applies to toll facilities using open road tolling.
     (1) Toll collection systems may include electronic toll collection and photo monitoring, as well as other systems as technology becomes available.
     (2) Tolls may be collected and paid by the following methods:
     (a) A customer may pay an electronic toll through an electronic toll collection account; or
     (b) A customer who does not have an electronic toll collection account may pay a photo toll either through customer-initiated payment or in response to a toll bill.
     (3) Where a photo toll is detected, a customer may initiate payment prior to or within seventy-two hours of toll facility use.
     (4) A toll bill may be sent to the customer if the photo toll remains unpaid after seventy-two hours.
     (5) The customer has forty-five days from the date the toll bill is issued to pay the photo toll. If the photo toll remains unpaid after the forty-five day period, the customer is guilty of an infraction under RCW 46.61.690, and a notice of infraction may be issued under RCW 46.63.160.
     (6) Photo monitoring systems may capture recorded images of vehicles and vehicle license plates only. Images may only be used for toll collection, billing, and enforcement.

Sec. 4   RCW 46.61.690 and 2004 c 231 s 1 are each amended to read as follows:
     Any person who uses a toll bridge, toll tunnel, toll road, or toll ferry, and the approaches thereto, operated by the state of Washington, the department of transportation, a political subdivision or municipal corporation empowered to operate toll facilities, or an entity operating a toll facility under a contract with the department of transportation, a political subdivision, or municipal corporation, at the entrance to which appropriate signs have been erected to notify both pedestrian and vehicular traffic that it is entering a toll facility or its approaches and is subject to the payment of tolls ((at the designated station for collecting tolls)), commits a traffic infraction if:
     (1) The person does not pay, refuses to pay, evades, or attempts to evade the payment of such tolls((, or)) as follows:
     (a) Where a photo toll is assessed, failure to pay the photo toll within forty-five days from the date the photo toll bill is issued is an infraction; or
     (b) On a toll facility that does not assess photo tolls, failure to pay a toll immediately upon using the toll facility is an infraction;
     (2) The person uses or attempts to use any spurious, counterfeit, or stolen ticket, coupon, token, or electronic device for payment of any such tolls((, or
     (2)));
     (3) The person turns, or attempts to turn, the vehicle around in the bridge, tunnel, loading terminal, approach, or toll plaza where signs have been erected forbidding such turns((,)); or
     (((3))) (4) The person refuses to move a vehicle through the toll facility after having come within the area where signs have been erected notifying traffic that it is entering the area where toll is collectible or where vehicles may not turn around and where vehicles are required to pass through the toll facility for the purpose of collecting tolls.

Sec. 5   RCW 46.63.030 and 2007 c 101 s 1 are each amended to read as follows:
     (1) A law enforcement officer, or the state toll agency as defined under RCW 47.56.810 in the case of toll enforcement under (d) of this subsection, has the authority to issue a notice of traffic infraction:
     (a) When the infraction is committed in the officer's presence;
     (b) When the officer is acting upon the request of a law enforcement officer in whose presence the traffic infraction was committed;
     (c) If an officer investigating at the scene of a motor vehicle accident has reasonable cause to believe that the driver of a motor vehicle involved in the accident has committed a traffic infraction;
     (d) When the infraction is detected through the use of a photo ((enforcement)) monitoring system under RCW 46.63.160; or
     (e) When the infraction is detected through the use of an automated traffic safety camera under RCW 46.63.170.
     (2) A court may issue a notice of traffic infraction upon receipt of a written statement of the officer that there is reasonable cause to believe that an infraction was committed.
     (3) If any motor vehicle without a driver is found parked, standing, or stopped in violation of this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution, the officer finding the vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to the vehicle a notice of traffic infraction.
     (4) In the case of failure to redeem an abandoned vehicle under RCW 46.55.120, upon receiving a complaint by a registered tow truck operator that has incurred costs in removing, storing, and disposing of an abandoned vehicle, an officer of the law enforcement agency responsible for directing the removal of the vehicle shall send a notice of infraction by certified mail to the last known address of the person responsible under RCW 46.55.105. The notice must be entitled "Littering -- Abandoned Vehicle" and give notice of the monetary penalty. The officer shall append to the notice of infraction, on a form prescribed by the department of licensing, a notice indicating the amount of costs incurred as a result of removing, storing, and disposing of the abandoned vehicle, less any amount realized at auction, and a statement that monetary penalties for the infraction will not be considered as having been paid until the monetary penalty payable under this chapter has been paid and the court is satisfied that the person has made restitution in the amount of the deficiency remaining after disposal of the vehicle.

Sec. 6   RCW 46.63.075 and 2005 c 167 s 3 are each amended to read as follows:
     (1) In a traffic infraction case involving an infraction detected through the use of a photo ((enforcement)) monitoring system under RCW 46.63.160, or detected through the use of an automated traffic safety camera under RCW 46.63.170, proof that the particular vehicle described in the notice of traffic infraction was in violation of any such provision of RCW 46.63.160 or 46.63.170, together with proof that the person named in the notice of traffic infraction was at the time of the violation the registered owner of the vehicle, constitutes in evidence a prima facie presumption that the registered owner of the vehicle was the person in control of the vehicle at the point where, and for the time during which, the violation occurred.
     (2) For infractions detected through the use of an automated traffic safety camera under RCW 46.63.170 only, this presumption may be overcome only if the registered owner states, under oath, in a written statement to the court or in testimony before the court that the vehicle involved was, at the time, stolen or in the care, custody, or control of some person other than the registered owner.

NEW SECTION.  Sec. 7   A new section is added to chapter 47.56 RCW to read as follows:
     The department shall report to the transportation committees of the legislature by December 1, 2009, with recommendations for providing a similar time frame for the payment of tolls prior to the issuance of an infraction on the Tacoma Narrows bridge as is contemplated for the state route number 520 floating bridge and the steps necessary to convert the toll collection system on the Tacoma Narrows bridge to an open road tolling system.

NEW SECTION.  Sec. 8   The code reviser shall alphabetize and renumber the definitions in RCW 46.63.160 and 47.56.810."