BILL REQ. #:  H-4136.1 

     AN ACT Relating to account fees for inactive and closed toll accounts; and amending RCW 47.56.795 and 47.46.105.

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

Sec. 1   RCW 47.56.795 and 2010 c 249 s 3 are each amended to read as follows:
     (1) A toll collection system may include, but is not limited to, 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, other recorded images, or other records identifying a specific instance of travel prepared under this chapter are for the exclusive use of the tolling agency for toll collection and enforcement purposes 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 civil penalty under RCW 46.63.160. No photograph, digital photograph, microphotograph, videotape, other recorded image, or other record identifying a specific instance of travel may be used for any purpose other than toll collection or enforcement of civil penalties under RCW 46.63.160. Records identifying a specific instance of travel by a specific person or vehicle must be retained only as required to ensure payment and enforcement of tolls and to comply with state records retention policies. Aggregate records that do not identify an individual, vehicle, or account may be maintained.
     (3) The department and its agents shall only use electronic toll collection system technology for toll collection purposes.
     (4) 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.
     (5) To the extent practicable, the department shall adopt electronic toll collection options, which allow for anonymous customer accounts and anonymous accounts that are not linked to a specific vehicle.
     (6) The transportation commission shall 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. An administrative fee may not be assessed for accounts that are inactive or to close an account. All administrative fees collected under this section must be deposited into the toll facility account of the facility on which the toll was assessed.
     (7) Failure to pay a photo toll by the toll payment due date is a violation for which a notice of civil penalty may be issued under RCW 46.63.160.

Sec. 2   RCW 47.46.105 and 2010 c 249 s 4 are each amended to read as follows:
     (1) A toll collection system may include, but is not limited to, 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, other recorded images, or other records identifying a specific instance of travel prepared under this chapter are for the exclusive use of the tolling agency for toll collection and enforcement purposes 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 civil penalty under RCW 46.63.160. No photograph, digital photograph, microphotograph, videotape, other recorded image, or other record identifying a specific instance of travel may be used for any purpose other than toll collection or enforcement of civil penalties under RCW 46.63.160. Records identifying a specific instance of travel by a specific person or vehicle must be retained only as required to ensure payment and enforcement of tolls and to comply with state records retention policies.
     (3) The department and its agents shall only use electronic toll collection system technology for toll collection purposes.
     (4) 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.
     (5) To the extent practicable, the department shall adopt electronic toll collection options, which allow for anonymous customer accounts and anonymous accounts that are not linked to a specific vehicle.
     (6) The transportation commission shall 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. An administrative fee may not be assessed for accounts that are inactive or to close an account. All administrative fees collected under this section must be deposited into the toll facility account of the facility on which the toll was assessed.
     (7) Failure to pay a photo toll by the toll payment due date is a violation for which a notice of civil penalty may be issued under RCW 46.63.160.