Auto. traffic safety revenue

AN ACT Relating to the distribution of automated traffic safety 1
revenue; and amending RCW 46.63.220. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 46.63.220 and 2024 c 307 s 2 are each amended to 4
read as follows: 5
(1) Nothing in this section prohibits a law enforcement officer 6
from issuing a notice of traffic infraction to a person in control of 7
a vehicle at the time a violation occurs under RCW 46.63.030(1) (a), 8
(b), or (c). 9
(2) Any city or county may authorize the use of automated traffic 10
safety cameras and must adopt an ordinance authorizing such use 11
through its local legislative authority. 12
(3) The local legislative authority must prepare an analysis of 13
the locations within the jurisdiction where automated traffic safety 14
cameras are proposed to be located before adding traffic safety 15
cameras to a new location or relocating any existing camera to a new 16
location within the jurisdiction. The analysis must include equity 17
considerations including the impact of the camera placement on 18
livability, accessibility, economics, education, and environmental 19
health when identifying where to locate an automated traffic safety 20
camera. The analysis must also show a demonstrated need for traffic 21
S-1378.1
SENATE BILL 5757
State of Washington 69th Legislature 2025 Regular Session
By Senators Christian, Holy, Fortunato, McCune, King, Krishnadasan,
J. Wilson, Dozier, Torres, Harris, Muzzall, Warnick, Goehner,
Wagoner, Short, Gildon, and Chapman
Read first time 02/14/25. Referred to Committee on Transportation.
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cameras based on one or more of the following in the vicinity of the 1
proposed camera location: Travel by vulnerable road users, evidence 2
of vehicles speeding, rates of collision, reports showing near 3
collisions, and anticipated or actual ineffectiveness or 4
infeasibility of other mitigation measures. 5
(4) Automated traffic safety cameras may not be used on an on-6
ramp to a limited access facility as defined in RCW 47.52.010.7
(5) A city may use automated traffic safety cameras to enforce 8
traffic ordinances in this section on state highways that are also 9
classified as city streets under chapter 47.24 RCW. A city government 10
must notify the department of transportation when it installs an 11
automated traffic safety camera to enforce traffic ordinances as 12
authorized in this subsection. 13
(6)(a) At a minimum, a local ordinance adopted pursuant to this 14
section must contain the restrictions described in this section and 15
provisions for public notice and signage. Cities and counties must 16
also post such restrictions and other automated traffic safety camera 17
policies on the city's or county's website. Cities and counties using 18
automated traffic safety cameras before July 24, 2005, are subject to 19
the restrictions described in this section, but are not required to 20
adopt an authorizing ordinance. 21
(b)(i) Cities and counties using automated traffic safety cameras 22
must post an annual report on the city's or county's website of the 23
number of traffic crashes that occurred at each location where an 24
automated traffic safety camera is located, as well as the number of 25
notices of infraction issued for each camera. Beginning January 1, 26
2026, the annual report must include the percentage of revenues 27
received from fines issued from automated traffic safety camera 28
infractions that were used to pay for the costs of the automated 29
traffic safety camera program and must describe the uses of revenues 30
that exceeded the costs of operation and administration of the 31
automated traffic safety camera program by the city or county.32
(ii) The Washington traffic safety commission must provide an 33
annual report to the transportation committees of the legislature, 34
and post the report to its website for public access, beginning July 35
1, 2026, that includes aggregated information on the use of automated 36
traffic safety cameras in the state that includes an assessment of 37
the impact of their use, information required in city and county 38
annual reports under (b)(i) of this subsection, and information on 39
the number of automated traffic safety cameras in use by type and 40
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location, with an analysis of camera placement in the context of area 1
demographics and household incomes. To the extent practicable, the 2
commission must also provide in its annual report the number of 3
traffic accidents, speeding violations, single vehicle accidents, 4
pedestrian accidents, and driving under the influence violations that 5
occurred at each location where an automated traffic safety camera is 6
located in the five years before each camera's authorization and 7
after each camera's authorization. Cities and counties using 8
automated traffic safety cameras must provide the commission with the 9
data it requests for the report required under this subsection in a 10
form and manner specified by the commission. 11
(7) All locations where an automated traffic safety camera is 12
used on roadways or intersections must be clearly marked by placing 13
signs at least 30 days prior to activation of the camera in locations 14
that clearly indicate to a driver either that: (a) The driver is 15
within an area where automated traffic safety cameras are authorized; 16
or (b) the driver is entering an area where violations are enforced 17
by an automated traffic safety camera. The signs must be readily 18
visible to a driver approaching an automated traffic safety camera. 19
Signs placed in automated traffic safety camera locations after June 20
7, 2012, must follow the specifications and guidelines under the 21
manual of uniform traffic control devices for streets and highways as 22
adopted by the department of transportation under chapter 47.36 RCW. 23
All public transportation vehicles utilizing a vehicle-mounted system 24
must post a sign on the rear of the vehicle indicating to drivers 25
that the vehicle is equipped with an automated traffic safety camera 26
to enforce bus stop zone violations. 27
(8) Automated traffic safety cameras may only record images of 28
the vehicle and vehicle license plate and only while an infraction is 29
occurring. The image must not reveal the face of the driver or of 30
passengers in the vehicle. The primary purpose of camera placement is 31
to record images of the vehicle and vehicle license plate when an 32
infraction is occurring. Cities and counties must consider installing 33
automated traffic safety cameras in a manner that minimizes the 34
impact of camera flash on drivers. 35
(9) A notice of infraction must be mailed to the registered owner 36
of the vehicle within 14 days of the violation, or to the renter of a 37
vehicle within 14 days of establishing the renter's name and address 38
under subsection (17) of this section. The notice of infraction must 39
include with it a certificate or facsimile thereof, based upon 40
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inspection of photographs, microphotographs, or electronic images 1
produced by an automated traffic safety camera, stating the facts 2
supporting the notice of infraction. This certificate or facsimile is 3
prima facie evidence of the facts contained in it and is admissible 4
in a proceeding charging a violation under this chapter. The 5
photographs, microphotographs, or electronic images evidencing the 6
violation must be available for inspection and admission into 7
evidence in a proceeding to adjudicate the liability for the 8
infraction. A person receiving a notice of infraction based on 9
evidence detected by an automated traffic safety camera may respond 10
to the notice by mail. 11
(10) The registered owner of a vehicle is responsible for an 12
infraction under RCW 46.63.030(1)(d) unless the registered owner 13
overcomes the presumption in RCW 46.63.075, or, in the case of a 14
rental car business, satisfies the conditions under subsection (17) 15
of this section. If appropriate under the circumstances, a renter 16
identified under subsection (17)(a) of this section is responsible 17
for an infraction. 18
(11) Notwithstanding any other provision of law, all photographs, 19
microphotographs, or electronic images, or any other personally 20
identifying data prepared under this section are for the exclusive 21
use of authorized city or county employees, as specified in RCW 22
46.63.030(1)(d), in the discharge of duties under this section and 23
are not open to the public and may not be used in a court in a 24
pending action or proceeding unless the action or proceeding relates 25
to a violation under this section. No photograph, microphotograph, or 26
electronic image, or any other personally identifying data may be 27
used for any purpose other than enforcement of violations under this 28
section nor retained longer than necessary to enforce this section. 29
Transit authorities must provide to the appropriate local 30
jurisdiction that has authorized traffic safety camera use under RCW 31
46.63.260(2) any images or evidence collected establishing that a 32
violation of stopping, standing, or parking in a bus stop zone has 33
occurred for infraction processing purposes consistent with this 34
section. 35
(12) If a county or city has established an automated traffic 36
safety camera program as authorized under this section, the 37
compensation paid to the manufacturer or vendor of the equipment used 38
must be based only upon the value of the equipment and services 39
provided or rendered in support of the system and may not be based 40
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upon a portion of the fine or civil penalty imposed or the revenue 1
generated by the equipment. If the contract between the city or 2
county and manufacturer or vendor of the equipment does not provide 3
for performance or quality control measures regarding camera images, 4
the city or county must perform a performance audit of the 5
manufacturer or vendor of the equipment every three years to review 6
and ensure that images produced from automated traffic safety cameras 7
are sufficient for evidentiary purposes as described in subsection 8
(9) of this section. 9
(13)(a) Except as provided in (d) and (e) of this subsection, a 10
county or a city may only use revenue generated by an automated 11
traffic safety camera program as authorized under this section for:12
(i) Traffic safety activities related to construction and 13
preservation projects and maintenance and operations purposes 14
including, but not limited to, projects designed to implement the 15
complete streets approach as defined in RCW 47.04.010, changes in 16
physical infrastructure to reduce speeds through road design, and 17
changes to improve safety for active transportation users, including 18
improvements to access and safety for road users with mobility, 19
sight, or other disabilities; and 20
(ii) The cost to administer, install, operate, and maintain the 21
automated traffic safety cameras, including the cost of processing 22
infractions. 23
(b) Except as provided in (d) and (e) of this subsection:24
(i) The automated traffic safety camera program revenue used by a 25
county or city with a population of 10,000 or more for purposes 26
described in (a)(i) of this subsection must include the use of 27
revenue in census tracts of the city or county that have household 28
incomes in the lowest quartile determined by the most currently 29
available census data and areas that experience rates of injury 30
crashes that are above average for the city or county. Funding 31
contributed from traffic safety program revenue must be, at a 32
minimum, proportionate to the share of the population of the county 33
or city who are residents of these low-income communities and 34
communities experiencing high injury crash rates. This share must be 35
directed to investments that provide direct and meaningful traffic 36
safety benefits to these communities. Revenue used to administer, 37
install, operate, and maintain automated traffic safety cameras, 38
including the cost of processing infractions, are excluded from 39
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determination of the proportionate share of revenues under this 1
subsection (13)(b); and 2
(ii) The automated traffic safety camera program revenue used by 3
a city or county with a population under 10,000 for traffic safety 4
activities under (a)(i) of this subsection must be informed by the 5
department of health's environmental health disparities map.6
(c) Except as provided in (d) and (e) of this subsection, 7
beginning four years after an automated traffic safety camera 8
authorized under this section is initially placed and in use after 9
June 6, 2024, 25 percent of the noninterest money received for 10
infractions issued by such cameras in excess of the cost to 11
administer, install, operate, and maintain the cameras, including the 12
cost of processing infractions, must be deposited into the Cooper 13
Jones active transportation safety account created in RCW 46.68.480.14
(d)(i)(A) ((Jurisdictions)) Except as provided in (e) of this 15
subsection, jurisdictions with an automated traffic safety camera 16
program in effect before January 1, 2024, may continue to allocate 17
revenue generated from automated traffic safety cameras authorized 18
under RCW 46.63.230 and 46.63.250(2)(c) as determined by the 19
jurisdiction, as well as for the purposes established in (a) through 20
(c) of this subsection, by: 21
(I) Up to a 10 percent increase in the number of traffic safety 22
camera locations authorized to detect violations for automated 23
traffic safety cameras authorized under RCW 46.63.230; and24
(II) Up to a 10 percent increase in the number of traffic safety 25
camera locations authorized to detect violations for automated 26
traffic safety cameras authorized under RCW 46.63.250(2)(c).27
(B)(I) Any automated traffic safety camera program in effect 28
before January 1, 2024, with fewer than 10 traffic safety camera 29
locations for automated traffic safety cameras authorized under RCW 30
46.63.230, which adds automated traffic safety cameras to one 31
additional location for the use of cameras authorized under RCW 32
46.63.230, may continue to allocate revenue generated from automated 33
traffic safety cameras authorized under RCW 46.63.230 as determined 34
by the jurisdiction, as well as for the purposes established in (a) 35
through (c) of this subsection. 36
(II) Any automated traffic safety camera program in effect before 37
January 1, 2024, with fewer than 10 traffic safety camera locations 38
for automated traffic safety cameras authorized under RCW 39
46.63.250(2)(c) as of January 1, 2024, which adds automated traffic 40
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safety cameras to one additional location for the use of cameras 1
authorized under RCW 46.63.250(2)(c), may continue to allocate 2
revenue generated from automated traffic safety cameras authorized 3
under RCW 46.63.250(2)(c) as determined by the jurisdiction, as well 4
as for the purposes established in (a) through (c) of this 5
subsection. 6
(C) For the purposes of this subsection (13)(d)(i), a location 7
is: 8
(I) An intersection for automated traffic safety cameras 9
authorized under RCW 46.63.230 where cameras authorized under RCW 10
46.63.230 are in use; and 11
(II) A school speed zone for automated traffic safety cameras 12
authorized under RCW 46.63.250(2)(c) where cameras authorized under 13
RCW 46.63.250(2)(c) are in use. 14
(ii) ((The)) Except as provided in (e) of this subsection, the 15
revenue distribution requirements under (a) through (d)(i) of this 16
subsection do not apply to automated traffic safety camera programs 17
in effect before January 1, 2024, for which an ordinance in effect as 18
of January 1, 2024, directs the manner in which revenue generated 19
from automated traffic safety cameras authorized under RCW 46.63.230 20
or 46.63.250(2)(c) must be used. 21
(e) Fifty percent of all revenue received for infractions issued 22
by an automated traffic safety camera must be deposited in the state 23
motor vehicle fund.24
(14) A county or city may adopt the use of an online ability-to-25
pay calculator to process and grant requests for reduced fines or 26
reduced civil penalties for automated traffic safety camera 27
violations. 28
(15) Except as provided in this subsection, registered owners of 29
vehicles who receive notices of infraction for automated traffic 30
safety camera-enforced infractions and are recipients of public 31
assistance under Title 74 RCW or participants in the Washington 32
women, infants, and children program, and who request reduced 33
penalties for infractions detected through the use of automated 34
traffic safety camera violations, must be granted reduced penalty 35
amounts of 50 percent of what would otherwise be assessed for a first 36
automated traffic safety camera violation and for subsequent 37
automated traffic safety camera violations issued within 21 days of 38
issuance of the first automated traffic safety camera violation. 39
Eligibility for medicaid under RCW 74.09.510 is not a qualifying 40
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criterion under this subsection. Registered owners of vehicles who 1
receive notices of infraction must be provided with information on 2
their eligibility and the opportunity to apply for a reduction in 3
penalty amounts through the mail or internet. 4
(16) Infractions detected through the use of automated traffic 5
safety cameras are not part of the registered owner's driving record 6
under RCW 46.52.101 and 46.52.120. Additionally, infractions 7
generated by the use of automated traffic safety cameras under this 8
section must be processed in the same manner as parking infractions, 9
including for the purposes of RCW 3.50.100, 35.20.220, 46.16A.120, 10
and 46.20.270(2). The amount of the fine issued for an infraction 11
generated through the use of an automated traffic safety camera may 12
not exceed $145, as adjusted for inflation by the office of financial 13
management every five years, beginning January 1, 2029, based upon 14
changes in the consumer price index during that time period, but may 15
be doubled for a school speed zone infraction generated through the 16
use of an automated traffic safety camera. 17
(17) If the registered owner of the vehicle is a rental car 18
business, the issuing agency must, before a notice of infraction 19
being issued under this section, provide a written notice to the 20
rental car business that a notice of infraction may be issued to the 21
rental car business if the rental car business does not, within 18 22
days of receiving the written notice, provide to the issuing agency 23
by return mail: 24
(a) A statement under oath stating the name and known mailing 25
address of the individual driving or renting the vehicle when the 26
infraction occurred; or 27
(b) A statement under oath that the business is unable to 28
determine who was driving or renting the vehicle at the time the 29
infraction occurred because the vehicle was stolen at the time of the 30
infraction. A statement provided under this subsection must be 31
accompanied by a copy of a filed police report regarding the vehicle 32
theft; or 33
(c) In lieu of identifying the vehicle operator, the rental car 34
business may pay the applicable penalty. Timely mailing of this 35
statement to the issuing agency relieves a rental car business of any 36
liability under this chapter for the notice of infraction.37
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