Passed by the Senate February 11, 2012 YEAS 42   BRAD OWEN ________________________________________ President of the Senate Passed by the House March 3, 2012 YEAS 77   FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 6444 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
Approved March 23, 2012, 12:13 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | March 23, 2012 Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2012 Regular Session |
READ FIRST TIME 02/07/12.
AN ACT Relating to eligible toll facilities; amending RCW 46.63.075 and 46.63.170; reenacting and amending RCW 43.84.092 and 46.16A.120; adding new sections to chapter 47.56 RCW; creating a new section; and repealing 2010 c 161 s 1126.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that there is an
urgent need to replace the central waterfront section of state route
number 99, known as the Alaskan Way viaduct, because the viaduct is
vulnerable to closure, damage, or catastrophic failure as a result of
earthquakes or other events. In 2009, the legislature determined that
the finance plan for the Alaskan Way viaduct replacement project should
include no more than four hundred million dollars in toll funding for
the project.
Therefore, it is the intent of the legislature to authorize tolling
on the Alaskan Way viaduct replacement project, both to help finance
the Alaskan Way viaduct replacement project and to help maintain travel
time, speed, and reliability on the portion of state route number 99
that would be replaced by this project.
NEW SECTION. Sec. 2 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:
(1) The initial imposition of tolls on the portion of state route
number 99 that is the deep bore tunnel under First Avenue from the
vicinity of the sports stadiums in Seattle to Aurora Avenue north of
the Battery Street tunnel is authorized, this portion of state route
number 99 is designated an eligible toll facility, and toll revenue
generated from this facility must only be expended as allowed under RCW
47.56.820.
(2) The toll imposed under this section must be charged only for
travel on the portion of state route number 99 that is a deep bore
tunnel.
(3)(a) In setting toll rates for the deep bore tunnel portion of
state route number 99 pursuant to RCW 47.56.850, the tolling authority
shall set a variable schedule of toll rates to maintain travel time,
speed, and reliability on this facility and generate the necessary
revenue as required under (b) of this subsection.
(b) The tolling authority may adjust the variable schedule of toll
rates at least annually to reflect inflation as measured by the
consumer price index to meet the redemption of bonds, to meet the
obligations of the tolling authority under RCW 47.56.850, and interest
payments on bonds and for those costs that are eligible under RCW
47.56.820.
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:
A special account to be known as the Alaskan Way viaduct
replacement project account is created in the state treasury.
(1) Deposits to the account must include:
(a) All proceeds of bonds issued for construction of the Alaskan
Way viaduct replacement project, including any capitalized interest;
(b) All of the tolls and other revenues received from the operation
of the Alaskan Way viaduct replacement project as a toll facility, to
be deposited at least monthly;
(c) Any interest that may be earned from the deposit or investment
of those revenues;
(d) Notwithstanding RCW 47.12.063, proceeds from the sale of any
surplus real property acquired for the purpose of building the Alaskan
Way viaduct replacement project; and
(e) All damages, liquidated or otherwise, collected under any
contract involving the construction of the Alaskan Way viaduct
replacement project.
(2) Subject to the covenants made by the state in the bond
proceedings authorizing the issuance and sale of bonds for the
construction of the Alaskan Way viaduct replacement project, toll
charges, other revenues, and interest received from the operation of
the Alaskan Way viaduct replacement project as a toll facility may be
used to:
(a) Pay any required costs allowed under RCW 47.56.820; and
(b) Repay amounts to the motor vehicle fund as required.
(3) When repaying the motor vehicle fund, the state treasurer shall
transfer funds from the Alaskan Way viaduct replacement project account
to the motor vehicle fund on or before each debt service date for bonds
issued for the construction of the Alaskan Way viaduct replacement
project in an amount sufficient to repay the motor vehicle fund for
amounts transferred from that fund to the highway bond retirement fund
to provide for any bond principal and interest due on that date. The
state treasurer may establish subaccounts for the purpose of
segregating toll charges, bond sale proceeds, and other revenues.
Sec. 4 RCW 43.84.092 and 2011 1st sp.s. c 16 s 6, 2011 1st sp.s.
c 7 s 22, 2011 c 369 s 6, 2011 c 339 s 1, 2011 c 311 s 9, 2011 c 272 s
3, 2011 c 120 s 3, and 2011 c 83 s 7 are each reenacted and amended to
read as follows:
(1) All earnings of investments of surplus balances in the state
treasury shall be deposited to the treasury income account, which
account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive
funds associated with federal programs as required by the federal cash
management improvement act of 1990. The treasury income account is
subject in all respects to chapter 43.88 RCW, but no appropriation is
required for refunds or allocations of interest earnings required by
the cash management improvement act. Refunds of interest to the
federal treasury required under the cash management improvement act
fall
under RCW 43.88.180 and shall not require appropriation. The
office of financial management shall determine the amounts due to or
from the federal government pursuant to the cash management improvement
act. The office of financial management may direct transfers of funds
between accounts as deemed necessary to implement the provisions of the
cash management improvement act, and this subsection. Refunds or
allocations shall occur prior to the distributions of earnings set
forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income
account may be utilized for the payment of purchased banking services
on behalf of treasury funds including, but not limited to, depository,
safekeeping, and disbursement functions for the state treasury and
affected state agencies. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is required for
payments to financial institutions. Payments shall occur prior to
distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings
credited to the treasury income account. The state treasurer shall
credit the general fund with all the earnings credited to the treasury
income account except:
(a) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's and fund's
average daily balance for the period: The aeronautics account, the
aircraft search and rescue account, the Alaskan Way viaduct replacement
project account, the budget stabilization account, the capital vessel
replacement account, the capitol building construction account, the
Cedar River channel construction and operation account, the Central
Washington University capital projects account, the charitable,
educational, penal and reformatory institutions account, the cleanup
settlement account, the Columbia river basin water supply development
account, the Columbia river basin taxable bond water supply development
account, the Columbia river basin water supply revenue recovery
account, the common school construction fund, the county arterial
preservation account, the county criminal justice assistance account,
the county sales and use tax equalization account, the deferred
compensation administrative account, the deferred compensation
principal account, the department of licensing services account, the
department of retirement systems expense account, the developmental
disabilities community trust account, the drinking water assistance
account, the drinking water assistance administrative account, the
drinking water assistance repayment account, the Eastern Washington
University capital projects account, the Interstate 405 express toll
lanes operations account, the education construction fund, the
education legacy trust account, the election account, the energy
freedom account, the energy recovery act account, the essential rail
assistance account, The Evergreen State College capital projects
account, the federal forest revolving account, the ferry bond
retirement fund, the freight congestion relief account, the freight
mobility investment account, the freight mobility multimodal account,
the grade crossing protective fund, the public health services account,
the health system capacity account, the high capacity transportation
account, the state higher education construction account, the higher
education construction account, the highway bond retirement fund, the
highway infrastructure account, the highway safety account, the high
occupancy toll lanes operations account, the hospital safety net
assessment fund, the industrial insurance premium refund account, the
judges' retirement account, the judicial retirement administrative
account, the judicial retirement principal account, the local leasehold
excise tax account, the local real estate excise tax account, the local
sales and use tax account, the marine resources stewardship trust
account, the medical aid account, the mobile home park relocation fund,
the motor vehicle fund, the motorcycle safety education account, the
multiagency permitting team account, the multimodal transportation
account, the municipal criminal justice assistance account, the
municipal sales and use tax equalization account, the natural resources
deposit account, the oyster reserve land account, the pension funding
stabilization account, the perpetual surveillance and maintenance
account, the public employees' retirement system plan 1 account, the
public employees' retirement system combined plan 2 and plan 3 account,
the public facilities construction loan revolving account beginning
July 1, 2004, the public health supplemental account, the public
transportation systems account, the public works assistance account,
the Puget Sound capital construction account, the Puget Sound ferry
operations account, the Puyallup tribal settlement account, the real
estate appraiser commission account, the recreational vehicle account,
the regional mobility grant program account, the resource management
cost
account, the rural arterial trust account, the rural mobility
grant program account, the rural Washington loan fund, the site closure
account, the skilled nursing facility safety net trust fund, the small
city pavement and sidewalk account, the special category C account, the
special wildlife account, the state employees' insurance account, the
state employees' insurance reserve account, the state investment board
expense account, the state investment board commingled trust fund
accounts, the state patrol highway account, the state route number 520
civil penalties account, the state route number 520 corridor account,
the state wildlife account, the supplemental pension account, the
Tacoma Narrows toll bridge account, the teachers' retirement system
plan 1 account, the teachers' retirement system combined plan 2 and
plan 3 account, the tobacco prevention and control account, the tobacco
settlement account, the toll facility bond retirement account, the
transportation 2003 account (nickel account), the transportation
equipment fund, the transportation fund, the transportation improvement
account, the transportation improvement board bond retirement account,
the transportation infrastructure account, the transportation
partnership account, the traumatic brain injury account, the tuition
recovery trust fund, the University of Washington bond retirement fund,
the University of Washington building account, the volunteer
firefighters' and reserve officers' relief and pension principal fund,
the volunteer firefighters' and reserve officers' administrative fund,
the Washington judicial retirement system account, the Washington law
enforcement officers' and firefighters' system plan 1 retirement
account, the Washington law enforcement officers' and firefighters'
system plan 2 retirement account, the Washington public safety
employees' plan 2 retirement account, the Washington school employees'
retirement system combined plan 2 and 3 account, the Washington state
economic development commission account, the Washington state health
insurance pool account, the Washington state patrol retirement account,
the Washington State University building account, the Washington State
University bond retirement fund, the water pollution control revolving
fund, and the Western Washington University capital projects account.
Earnings derived from investing balances of the agricultural permanent
fund, the normal school permanent fund, the permanent common school
fund, the scientific permanent fund, and the state university permanent
fund shall be allocated to their respective beneficiary accounts.
(b) Any state agency that has independent authority over accounts
or funds not statutorily required to be held in the state treasury that
deposits funds into a fund or account in the state treasury pursuant to
an agreement with the office of the state treasurer shall receive its
proportionate share of earnings based upon each account's or fund's
average daily balance for the period.
(5) In conformance with Article II, section 37 of the state
Constitution, no treasury accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
Sec. 5 RCW 46.16A.120 and 2011 c 375 s 9 and 2011 c 375 s 8 are
each reenacted and amended to read as follows:
(1) Each court and government agency located in this state having
jurisdiction over standing, stopping, and parking violations, the use
of a photo toll system under RCW 46.63.160, the use of automated
traffic safety cameras under RCW 46.63.170, and the use of automated
school bus safety cameras under RCW 46.63.180 may forward to the
department any outstanding:
(a) Standing, stopping, and parking violations;
(b) Civil penalties for toll nonpayment detected through the use of
photo toll systems issued under RCW 46.63.160;
(c) Automated traffic safety camera infractions issued under RCW
46.63.030(1)(d); and
(d) Automated school bus safety camera infractions issued under RCW
((46.63.160)) 46.63.030(1)(e).
(2) Violations, civil penalties, and infractions described in
subsection (1) of this section must be reported to the department in
the manner described in RCW 46.20.270(3).
(3) The department shall:
(a) Record the violations, civil penalties, and infractions on the
matching vehicle records; and
(b) Send notice approximately one hundred twenty days in advance of
the current vehicle registration expiration date to the registered
owner listing the dates and jurisdictions in which the violations,
civil penalties, and infractions occurred, the amounts of unpaid fines
and penalties, and the surcharge to be collected. Only those
violations, civil penalties, and infractions received by the department
one hundred twenty days or more before the current vehicle registration
expiration date will be included in the notice. Violations, civil
penalties, and infractions received by the department later than one
hundred twenty days before the current vehicle registration expiration
date that are not satisfied will be delayed until the next vehicle
registration expiration date.
(4) The department, county auditor or other agent, or subagent
appointed by the director shall not renew a vehicle registration if
there are any outstanding standing, stopping, and parking violations,
and other civil penalties issued under RCW 46.63.160 for the vehicle
unless:
(a) The outstanding standing, stopping, or parking violations and
civil penalties were received by the department within one hundred
twenty days before the current vehicle registration expiration;
(b) There is a change in registered ownership; or
(c) The registered owner presents proof of payment of each
violation, civil penalty, and infraction provided in this section and
the registered owner pays the surcharge required under RCW 46.17.030.
(5) The department shall:
(a) Forward a change in registered ownership information to the
court or government agency who reported the outstanding violations,
civil penalties, or infractions; and
(b) Remove the outstanding violations, civil penalties, and
infractions from the vehicle record.
Sec. 6 RCW 46.63.075 and 2011 c 375 s 7 are each amended to read
as follows:
(1) In a traffic infraction case involving an infraction detected
through the use of an automated traffic safety camera under RCW
46.63.170 or detected through the use of an automated school bus safety
camera under RCW 46.63.180, proof that the particular vehicle described
in the notice of traffic infraction was in violation of any such
provision of RCW 46.63.170 and 46.63.180, 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) 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. 7 RCW 46.63.170 and 2011 c 367 s 704 are each amended to
read as follows:
(1) The use of automated traffic safety cameras for issuance of
notices of infraction is subject to the following requirements:
(a) The appropriate local legislative authority must first enact an
ordinance allowing for their use to detect one or more of the
following: Stoplight, railroad crossing, or school speed zone
violations. At a minimum, the local ordinance must contain the
restrictions described in this section and provisions for public notice
and signage. Cities and counties using automated traffic safety
cameras before July 24, 2005, are subject to the restrictions described
in this section, but are not required to enact an authorizing
ordinance.
(b) Use of automated traffic safety cameras is restricted to two-arterial intersections, railroad crossings, and school speed zones
only.
(c) During the 2011-2013 fiscal biennium, automated traffic safety
cameras may be used to detect speed violations for the purposes of
section 201(2), chapter 367, Laws of 2011 if the local legislative
authority first enacts an ordinance authorizing the use of cameras to
detect speed violations.
(d) Automated traffic safety cameras may only take pictures of the
vehicle and vehicle license plate and only while an infraction is
occurring. The picture must not reveal the face of the driver or of
passengers in the vehicle.
(e) A notice of infraction must be mailed to the registered owner
of the vehicle within fourteen days of the violation, or to the renter
of a vehicle within fourteen days of establishing the renter's name and
address under subsection (3)(a) of this section. The law enforcement
officer issuing the notice of infraction shall include with it a
certificate or facsimile thereof, based upon inspection of photographs,
microphotographs, or electronic images produced by an automated traffic
safety camera, 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, microphotographs, or electronic
images evidencing the violation must be available for inspection and
admission into evidence in a proceeding to adjudicate the liability for
the infraction. A person receiving a notice of infraction based on
evidence detected by an automated traffic safety camera may respond to
the notice by mail.
(f) The registered owner of a vehicle is responsible for an
infraction under RCW 46.63.030(1)(((e))) (d) unless the registered
owner overcomes the presumption in RCW 46.63.075, or, in the case of a
rental car business, satisfies the conditions under subsection (3) of
this section. If appropriate under the circumstances, a renter
identified under subsection (3)(a) of this section is responsible for
an infraction.
(g) Notwithstanding any other provision of law, all photographs,
microphotographs, or electronic images prepared under this section are
for the exclusive use of 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 section. No photograph,
microphotograph, or electronic image may be used for any purpose other
than enforcement of violations under this section nor retained longer
than necessary to enforce this section.
(h) All locations where an automated traffic safety camera 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 an automated traffic safety camera.
(i) If a county or city has established an authorized automated
traffic safety camera program under this section, the compensation paid
to the manufacturer or vendor of the equipment used must be based only
upon the value of the equipment and services provided or rendered in
support of the system, and may not be based upon a portion of the fine
or civil penalty imposed or the revenue generated by the equipment.
(2) Infractions detected through the use of automated traffic
safety cameras 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 automated traffic safety cameras 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, 46.16A.120, and 46.20.270(3).
However, the amount of the fine issued for an infraction generated
through the use of an automated traffic safety camera shall not exceed
the amount of a fine issued for other parking infractions within the
jurisdiction.
(3) If the registered owner of the vehicle is a rental car
business, the 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 receiving 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 penalty.
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.
(4) 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).
(5) For the purposes of this section, "automated traffic safety
camera" means a device that uses a vehicle sensor installed to work in
conjunction with an intersection traffic control system, a railroad
grade crossing control system, or a speed measuring device, and a
camera synchronized to automatically record one or more sequenced
photographs, microphotographs, or electronic images of the rear of a
motor vehicle at the time the vehicle fails to stop when facing a
steady red traffic control signal or an activated railroad grade
crossing control signal, or exceeds a speed limit in a school speed
zone as detected by a speed measuring device. During the 2011-2013
fiscal biennium, an automated traffic safety camera includes a camera
used to detect speed violations for the purposes of section 201(2),
chapter 367, Laws of 2011.
(6) During the 2011-2013 fiscal biennium, this section does not
apply to automated traffic safety cameras for the purposes of section
216(5), chapter 367, Laws of 2011.
NEW SECTION. Sec. 8 2010 c 161 s 1126 is repealed.