BILL REQ. #: Z-1171.1
State of Washington | 61st Legislature | 2010 Regular Session |
Read first time 01/15/10. Referred to Committee on Transportation.
AN ACT Relating to the administration, collection, use, and enforcement of tolls; amending RCW 47.56.010, 47.46.020, 47.46.105, 46.63.030, 46.63.160, 46.63.075, 10.93.020, and 47.56.167; adding new sections to chapter 47.56 RCW; adding a new section to chapter 47.46 RCW; repealing RCW 46.61.690; prescribing penalties; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 47.56.010 and 2002 c 114 s 2 are each amended to read
as follows:
As used in this chapter:
(1) "Toll bridge" means a bridge constructed or acquired under this
chapter, upon which tolls are charged, together with all appurtenances,
additions, alterations, improvements, and replacements thereof, and the
approaches thereto, and all lands and interests used therefor, and
buildings and improvements thereon.
(2) "Toll road" means any express highway, superhighway, or
motorway at such locations and between such termini as may be
established by law, and constructed or to be constructed as a limited
access highway under the provisions of this chapter by the department,
and shall include, but not be limited to, all bridges, tunnels,
overpasses, underpasses, interchanges, entrance plazas, approaches,
toll houses, service areas, service facilities, communications
facilities, and administration, storage, and other buildings that the
department may deem necessary for the operation of the project,
together with all property, rights, easements, and interests that may
be acquired by the department for the construction or the operation of
the project, all of which shall be conducted in the same manner and
under the same procedure as provided for the establishing,
constructing, operating, and maintaining of toll bridges by the
department, insofar as those procedures are reasonably consistent and
applicable.
(3) "1950 Tacoma Narrows bridge" means the bridge crossing the
Tacoma Narrows that was opened to vehicle travel in 1950.
(4) "Electronic toll collection system" means a system that
collects tolls by one of the following three methods: (a) Crediting or
debiting funds from a driver's unique prepaid tolling account; (b)
issuing a toll bill to the registered owner of a vehicle that crosses
a toll facility without a prepaid account; or (c) a customer initiates
payment of a toll before making a particular trip.
(5) "Photo toll" means a toll charge associated with a particular
vehicle that is identified by its license plate. A photo toll may be
paid through one of the following two methods:
(a) A linked customer account that is a prepaid dedicated account
established by an individual or business that the department or its
designee debits toll costs against the account balance.
(b) A toll bill that is sent to the registered owner of the vehicle
incurring the photo toll charge. The toll bill may designate a toll
payment due date for the photo toll assessed.
(6) "Photo toll system" means a camera-based imaging system that
uses digital video or still image formats to record license plate
images of vehicles using toll lanes.
(7) "Toll payment due date" means the date when a toll must be paid
to avoid a toll violation. The toll payment due date is eighty days
from the date the toll was assessed.
Sec. 2 RCW 47.46.020 and 1993 c 370 s 2 are each amended to read
as follows:
As used in this chapter((,)):
(1) "Electronic toll collection system" means a system that
collects tolls by one of the following three methods: (a) Crediting or
debiting funds from a driver's unique prepaid tolling account; (b)
issuing a toll bill to the registered owner of a vehicle that crosses
a toll facility without a prepaid account; or (c) a customer initiates
payment of a toll before making a particular trip.
(2) "Photo toll" means a charge associated with a particular
vehicle that can only be identified by its license plate. A photo toll
may be paid through one of the following two methods:
(a) A linked customer account that is a prepaid dedicated account
established by an individual or business that the department or its
designee debits toll costs against the account balance.
(b) A toll bill that is sent to the registered owner of the vehicle
incurring the photo toll charge. The toll bill may designate a toll
payment due date for the photo toll assessed.
(3) "Photo toll system" means a camera-based imaging system that
uses digital video or still image formats to record license plate
images of vehicles using toll lanes.
(4) "Toll payment due date" means the date when a toll must be paid
to avoid a toll violation. The toll payment due date is eighty days
from the date the toll was assessed.
(5) "Transportation systems and facilities" means capital-related
improvements and additions to the state's transportation
infrastructure, including but not limited to highways, roads, bridges,
vehicles, and equipment, marine-related facilities, vehicles, and
equipment, park and ride lots, transit stations and equipment,
transportation management systems, and other transportation-related
investments.
NEW SECTION. Sec. 3 A new section is added to chapter 47.56 RCW
to read as follows:
(1) A toll collection system may include electronic toll collection
and photo tolling.
(2)(a) A photo toll system may take photographs, digital
photographs, microphotographs, videotapes, or other recorded images of
the vehicle and vehicle license plate only.
(b) 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 for toll collection purposes and law enforcement in the
discharge of duties under RCW 46.63.160 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. Records identifying a specific instance
of travel by a specific person or vehicle must be destroyed when no
longer necessary to ensure payment of the toll for that instance of
travel. Aggregate records that do not identify an individual, vehicle,
or account may be maintained.
(3) Tolls may be collected and paid by the following methods:
(a) A customer may pay an electronic toll through an electronic
toll collection account;
(b) A customer may pay a photo toll either through a customer-initiated payment or in response to a toll bill; or
(c) A customer may pay with cash on toll facilities that have a
manual cash collection system.
(4) To the extent practicable, the department shall adopt
electronic toll collection options, which allow for anonymous customer
accounts.
(5) The transportation commission may adopt rules, in accordance
with chapter 34.05 RCW, to assess administrative fees as appropriate
for toll collection processes. Administrative fees must not exceed
toll collection costs.
(6) Failure to pay a photo toll by the toll payment due date is a
violation for which a notice of infraction may be issued under RCW
46.63.030 and 46.63.160.
Sec. 4 RCW 47.46.105 and 2004 c 230 s 2 are each amended to read
as follows:
(((1) Tolls may be collected by any system that identifies the
correct toll and collects the payment. Systems may include manual cash
collection, electronic toll collection, and photo monitoring systems.))
(a) "Electronic toll collection system" means a system of
collecting tolls or charges that is capable of charging the account of
the toll patron 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 account. The department 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.
(b) "Photo monitoring system" means a vehicle sensor installed to
work in conjunction with an electronic toll collection system in a toll
facility that automatically produces one or more photographs, one or
more microphotographs, a videotape, or other recorded images of each
vehicle at the time it is used or operated within a toll facility.
(c) No photograph, digital photograph, microphotograph, videotape,
or other recorded image may be used for any purpose other than toll
enforcement, nor retained longer than necessary to verify that tolls
are paid, or to enforce toll evasion violations.
(2) The department shall adopt rules to govern toll collection.
(1) A toll collection system may include electronic toll collection
and photo tolling.
(2)(a) A photo toll system may take photographs, digital
photographs, microphotographs, videotapes, or other recorded images of
the vehicle and vehicle license plate only.
(b) 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 for toll collection purposes and law enforcement in the
discharge of duties under RCW 46.63.160 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. Records identifying a specific instance
of travel by a specific person or vehicle must be destroyed when no
longer necessary to ensure payment of the toll for that instance of
travel. Aggregate records that do not identify an individual, vehicle,
or account may be maintained.
(3) Tolls may be collected and paid by the following methods:
(a) A customer may pay an electronic toll through an electronic
toll collection account;
(b) A customer who does not have an electronic toll collection
account may pay a photo toll either through a customer-initiated
payment or in response to a toll bill; or
(c) A customer who does not have an electronic toll collection
account may pay with cash on toll facilities that have a manual cash
collection system.
(4) To the extent practicable, the department shall adopt
electronic toll collection options, which allow for anonymous customer
accounts.
(5) The transportation commission may adopt rules, in accordance
with chapter 34.05 RCW, to assess administrative fees as appropriate
for toll collection processes. Administrative fees must not exceed
toll collection costs.
(6) Failure to pay a photo toll by the toll payment due date is a
violation under section 6 of this act for which a notice of infraction
may be issued under RCW 46.63.030 and 46.63.160.
NEW SECTION. Sec. 5 A new section is added to chapter 47.56 RCW
to read as follows:
(1) Any registered owner or renter of a vehicle traveling upon a
toll facility operated under this chapter commits a traffic infraction
when:
(a) The vehicle incurs a toll charge and the toll is not paid by
the toll payment due date, which is sixty days from the date the toll
was assessed;
(b) The driver of the vehicle uses or attempts to use any spurious,
counterfeit, or stolen ticket, coupon, token, or electronic device for
payment of any toll; or
(c) The driver of the vehicle displays any vehicle license number
plate or plates that have been, in any manner, changed, altered, or
disfigured, or have become illegible.
(2) Any driver of a vehicle traveling upon a toll facility operated
under this chapter commits a traffic infraction when:
(a) The driver of the vehicle turns, or attempts to turn, the
vehicle around in the toll facility where signs have been erected
forbidding such turns; or
(b) The driver of the vehicle 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 a toll is
assessed or where vehicles may not turn around and where vehicles are
required to pass through the toll facility for the purpose of
collecting tolls.
NEW SECTION. Sec. 6 A new section is added to chapter 47.46 RCW
to read as follows:
(1) Any registered owner or renter of a vehicle traveling upon a
toll facility operated under this chapter commits a traffic infraction
when:
(a) The vehicle incurs a toll charge and the toll is not paid by
the toll payment due date, which is sixty days from the date the toll
was assessed;
(b) The driver of the vehicle uses or attempts to use any spurious,
counterfeit, or stolen ticket, coupon, token, or electronic device for
payment of any toll; or
(c) The driver of the vehicle displays any vehicle license number
plate or plates that have been, in any manner, changed, altered, or
disfigured, or have become illegible.
(2) Any driver of a vehicle traveling upon a toll facility operated
under this chapter commits a traffic infraction when:
(a) The driver of the vehicle turns, or attempts to turn, the
vehicle around in the toll facility where signs have been erected
forbidding such turns; or
(b) The driver of the vehicle 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 a toll is
assessed 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. 7 RCW 46.63.030 and 2007 c 101 s 1 are each amended to read
as follows:
(1) A law enforcement officer 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)) toll 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. 8 RCW 46.63.160 and 2009 c 272 s 1 are each amended to read
as follows:
(1) This section applies only to infractions issued under ((RCW
46.61.690)) sections 5 and 6 of this act for toll ((collection
evasion)) violations detected through use of photo toll systems.
(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 systems.)) A notice of infraction may be issued when a toll is assessed
through use of a photo toll system and the toll is not paid by the toll
payment due date, which is eighty days from the date the toll was
assessed.
(4) "Electronic toll collection system" means a system of
collecting tolls or charges that is capable of charging the account of
the toll patron 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 account.
(5) "Photo enforcement 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.
(6) The use of a toll collection system is subject to the following
requirements:
(a) The department of transportation 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.
(b) The department of transportation may not sell, distribute, or
make available in any way, the names and addresses of electronic toll
collection system account holders.
(7)
(4) A notice of infraction may be issued by a limited authority
Washington peace officer as defined in RCW 10.93.020. The agency
responsible for detecting toll violations may determine who serves as
the limited authority Washington peace officer.
(5) The use of a photo ((enforcement)) toll system for issuance of
notices of infraction is subject to the following requirements:
(a) Photo ((enforcement)) toll 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 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)) toll 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 for toll collection purposes 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)). Records
identifying a specific instance of travel by a specific person or
vehicle must be destroyed when no longer necessary to ensure payment of
the toll for that instance of travel. Aggregate records that do not
identify an individual, vehicle, or account may be maintained.
(d) All locations where a photo ((enforcement)) toll 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 tolls are
assessed and traffic laws are enforced by a photo ((enforcement)) toll
system.
(((8))) (6) Infractions detected through the use of photo
((enforcement)) toll systems must be issued to the registered owner of
the vehicle identified by the photo toll system, but 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)) toll systems under this section shall be processed in
the same manner as parking infractions, including for the purposes of
RCW 3.50.100, 35.20.220, 46.16.216, and 46.20.270(3).
(((9))) (7) The penalty for an infraction detected through the use
of a photo ((enforcement)) toll 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 for
costs associated with the development and maintenance of judicial
information system products and services. The court may not waive,
reduce, or suspend the one dollar that is allocated to the judicial
information system account. The toll penalty is ((equal to three times
the cash toll for a standard passenger car during peak hours)) twelve
dollars. 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))) (8) If the registered owner of the vehicle is a rental car
business the department of transportation 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
agency relieves a rental car business of any liability under this
chapter for the notice of infraction.
Sec. 9 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)) toll 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.
Sec. 10 RCW 10.93.020 and 2006 c 284 s 16 are each amended to
read as follows:
As used in this chapter, the following terms have the meanings
indicated unless the context clearly requires otherwise.
(1) "General authority Washington law enforcement agency" means any
agency, department, or division of a municipal corporation, political
subdivision, or other unit of local government of this state, and any
agency, department, or division of state government, having as its
primary function the detection and apprehension of persons committing
infractions or violating the traffic or criminal laws in general, as
distinguished from a limited authority Washington law enforcement
agency, and any other unit of government expressly designated by
statute as a general authority Washington law enforcement agency. The
Washington state patrol and the department of fish and wildlife are
general authority Washington law enforcement agencies.
(2) "Limited authority Washington law enforcement agency" means any
agency, political subdivision, or unit of local government of this
state, and any agency, department, or division of state government,
having as one of its functions the apprehension or detection of persons
committing infractions or violating the traffic or criminal laws
relating to limited subject areas, including but not limited to, the
state departments of natural resources ((and)), social and health
services, and transportation, the state gambling commission, the state
lottery commission, the state parks and recreation commission, the
state utilities and transportation commission, the state liquor control
board, the office of the insurance commissioner, and the state
department of corrections.
(3) "General authority Washington peace officer" means any full-time, fully compensated and elected, appointed, or employed officer of
a general authority Washington law enforcement agency who is
commissioned to enforce the criminal laws of the state of Washington
generally.
(4) "Limited authority Washington peace officer" means any full-time, fully compensated officer of a limited authority Washington law
enforcement agency empowered by that agency to detect or apprehend
violators of the laws in some or all of the limited subject areas for
which that agency is responsible. A limited authority Washington peace
officer may be a specially commissioned Washington peace officer if
otherwise qualified for such status under this chapter.
(5) "Specially commissioned Washington peace officer", for the
purposes of this chapter, means any officer, whether part-time or full-time, compensated or not, commissioned by a general authority
Washington law enforcement agency to enforce some or all of the
criminal laws of the state of Washington, who does not qualify under
this chapter as a general authority Washington peace officer for that
commissioning agency, specifically including reserve peace officers,
and specially commissioned full-time, fully compensated peace officers
duly commissioned by the states of Oregon or Idaho or any such peace
officer commissioned by a unit of local government of Oregon or Idaho.
A reserve peace officer is an individual who is an officer of a
Washington law enforcement agency who does not serve such agency on a
full-time basis but who, when called by the agency into active service,
is fully commissioned on the same basis as full-time peace officers to
enforce the criminal laws of the state.
(6) "Federal peace officer" means any employee or agent of the
United States government who has the authority to carry firearms and
make warrantless arrests and whose duties involve the enforcement of
criminal laws of the United States.
(7) "Agency with primary territorial jurisdiction" means a city or
town police agency which has responsibility for police activity within
its boundaries; or a county police or sheriff's department which has
responsibility with regard to police activity in the unincorporated
areas within the county boundaries; or a statutorily authorized port
district police agency or four-year state college or university police
agency which has responsibility for police activity within the
statutorily authorized enforcement boundaries of the port district,
state college, or university.
(8) "Primary commissioning agency" means (a) the employing agency
in the case of a general authority Washington peace officer, a limited
authority Washington peace officer, an Indian tribal peace officer, or
a federal peace officer, and (b) the commissioning agency in the case
of a specially commissioned Washington peace officer (i) who is
performing functions within the course and scope of the special
commission and (ii) who is not also a general authority Washington
peace officer, a limited authority Washington peace officer, an Indian
tribal peace officer, or a federal peace officer.
(9) "Primary function of an agency" means that function to which
greater than fifty percent of the agency's resources are allocated.
(10) "Mutual law enforcement assistance" includes, but is not
limited to, one or more law enforcement agencies aiding or assisting
one or more other such agencies through loans or exchanges of personnel
or of material resources, for law enforcement purposes.
Sec. 11 RCW 47.56.167 and 2008 c 122 s 23 are each amended to
read as follows:
(1) The central toll ((collection)) account is created in the
custody of the state treasurer for the deposit of prepaid customer
tolls and clearing activities benefiting multiple toll facilities.
(2) All receipts from prepaid customer tolls must be deposited into
the account. ((Distributions from the account)) Prepaid customer tolls
may be used only to refund customer((s')) prepaid tolls or for
distributions ((into)) to the appropriate toll facility account((.
Distributions into the appropriate toll facility account shall be))
based on ((charges incurred at each)) toll revenues earned by the toll
facility ((and shall include a proportionate share of interest earned
from amounts deposited into the account)). For purposes of accounting,
distributions from the account constitute earned toll revenues in the
receiving toll facility account at the time of distribution.
(3) Operations that benefit multiple toll facilities may be
recorded in the account. At least monthly, operating activities must
be distributed to the benefiting toll facility accounts.
(4) On a monthly basis, interest earnings on deposits in the
account must be distributed to the toll facility accounts based on an
equitable methodology to be determined by the department in
consultation with the office of financial management.
(5) Only the secretary of transportation or the secretary's
designee may authorize distributions from the account. Distributions
of revenue and refunds from this account are not subject to the
allotment procedures under chapter 43.88 RCW and an appropriation is
not required.
NEW SECTION. Sec. 12 RCW 46.61.690 (Violations relating to toll
facilities) and 2004 c 231 s 1, 1983 c 247 s 1, 1979 ex.s. c 136 s 91,
& 1961 c 259 s 1 are each repealed.
NEW SECTION. Sec. 13 This act takes effect January 15, 2011.