BILL REQ. #:  S-3474.2 

Read first time 01/11/10.   Referred to Committee on Transportation.

     AN ACT Relating to government entities photographing or recording images of citizens; adding a new section to chapter 35.21 RCW; adding a new section to chapter 36.01 RCW; adding a new section to chapter 46.63 RCW; and adding a new section to chapter 47.01 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 35.21 RCW to read as follows:
     (1) A city or town may not photograph or record images of a person driving a vehicle or of passengers in the vehicle.
     (2) A city or town may not photograph or record images of a vehicle or vehicle license plate except as expressly authorized by statute.
     (3) For purposes of this section, "photograph" or "record" means the making of a photograph, microphotograph, a videotape, an electronic image, or other recorded images.

NEW SECTION.  Sec. 2   A new section is added to chapter 36.01 RCW to read as follows:
     (1) A county may not photograph or record images of a person driving a vehicle or of passengers in the vehicle.
     (2) A county may not photograph or record images of a vehicle or vehicle license plate except as expressly authorized by statute.
     (3) For purposes of this section, "photograph" or "record" means the making of a photograph, microphotograph, a videotape, an electronic image, or other recorded images.

NEW SECTION.  Sec. 3   A new section is added to chapter 46.63 RCW to read as follows:
     The state of Washington fully occupies and preempts the entire field of regulation over photo enforcement systems and automated traffic safety cameras. Cities, towns, and counties, or other municipalities, may adopt only those laws and ordinances relating to photo enforcement systems and automated traffic safety cameras that are consistent with this chapter.

NEW SECTION.  Sec. 4   A new section is added to chapter 47.01 RCW to read as follows:
     (1) The department may not photograph or record images of a person driving a vehicle on any state highway or of passengers in the vehicle.
     (2) The department may not photograph or record images of a vehicle or vehicle license plate except as expressly authorized by statute.
     (3) For purposes of this section, "photograph" or "record" means the making of a photograph, microphotograph, a videotape, an electronic image, or other recorded images.