ENGROSSED SUBSTITUTE HOUSE BILL 2356
State of Washington 68th Legislature 2024 Regular Session
By House Transportation (originally sponsored by Representatives Fey,
Nance, and Pollet)
READ FIRST TIME 02/02/24.
1 AN ACT Relating to speed safety camera systems; amending RCW
2 46.16A.120, 46.20.270, 46.63.110, and 46.63.200; and prescribing
3 penalties.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
5 Sec. 1. RCW 46.16A.120 and 2012 c 83 s 5 are each amended to
6 read as follows:
7 (1) Each court and government agency located in this state having
8 jurisdiction over standing, stopping, and parking violations, the use
9 of a photo toll system under RCW 46.63.160, the use of automated
10 traffic safety cameras under RCW 46.63.170, ((and)) the use of
11 automated school bus safety cameras under RCW 46.63.180, and the use
12 of speed safety camera systems under RCW 46.63.200 may forward to the
13 department any outstanding:
14 (a) Standing, stopping, and parking violations;
15 (b) Civil penalties for toll nonpayment detected through the use
16 of photo toll systems issued under RCW 46.63.160;
17 (c) Automated traffic safety camera infractions issued under RCW
18 46.63.030(1)(d); ((and))
19 (d) Automated school bus safety camera infractions issued under
20 RCW 46.63.030(1)(e); and
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 1 (e) Speed safety camera system infractions issued under RCW
2 46.63.030(1)(f).
3 (2) Violations, civil penalties, and infractions described in
4 subsection (1) of this section must be reported to the department in
5 the manner described in RCW 46.20.270(3).
6 (3) The department shall:
7 (a) Record the violations, civil penalties, and infractions on
8 the matching vehicle records; and
9 (b) Send notice approximately ((one hundred twenty)) 120 days in
10 advance of the current vehicle registration expiration date to the
11 registered owner listing the dates and jurisdictions in which the
12 violations, civil penalties, and infractions occurred, the amounts of
13 unpaid fines and penalties, and the surcharge to be collected. Only
14 those violations, civil penalties, and infractions received by the
15 department ((one hundred twenty)) 120 days or more before the current
16 vehicle registration expiration date will be included in the notice.
17 Violations, civil penalties, and infractions received by the
18 department later than ((one hundred twenty)) 120 days before the
19 current vehicle registration expiration date that are not satisfied
20 will be delayed until the next vehicle registration expiration date.
21 (4) The department, county auditor or other agent, or subagent
22 appointed by the director shall not renew a vehicle registration if
23 there are any outstanding standing, stopping, and parking violations,
24 and other civil penalties issued under RCW 46.63.160 for the vehicle
25 unless:
26 (a) The outstanding standing, stopping, or parking violations and
27 civil penalties were received by the department within ((one hundred
28 twenty)) 120 days before the current vehicle registration expiration;
29 (b) There is a change in registered ownership; or
30 (c) The registered owner presents proof of payment of each
31 violation, civil penalty, and infraction provided in this section and
32 the registered owner pays the surcharge required under RCW 46.17.030.
33 (5) The department shall:
34 (a) Forward a change in registered ownership information to the
35 court or government agency who reported the outstanding violations,
36 civil penalties, or infractions; and
37 (b) Remove the outstanding violations, civil penalties, and
38 infractions from the vehicle record.
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 1 Sec. 2. RCW 46.20.270 and 2015 c 189 s 1 are each amended to
2 read as follows:
3 (1) Every court having jurisdiction over offenses committed under
4 this chapter, or any other act of this state or municipal ordinance
5 adopted by a local authority regulating the operation of motor
6 vehicles on highways, or any federal authority having jurisdiction
7 over offenses substantially the same as those set forth in this title
8 which occur on federal installations within this state, shall
9 immediately forward to the department a forfeiture of bail or
10 collateral deposited to secure the defendant's appearance in court, a
11 payment of a fine, penalty, or court cost, a plea of guilty or nolo
12 contendere or a finding of guilt, or a finding that any person has
13 committed a traffic infraction an abstract of the court record in the
14 form prescribed by rule of the supreme court, showing the conviction
15 of any person or the finding that any person has committed a traffic
16 infraction in said court for a violation of any said laws other than
17 regulations governing standing, stopping, parking, and pedestrian
18 offenses.
19 (2) Every state agency or municipality having jurisdiction over
20 offenses committed under this chapter, or under any other act of this
21 state or municipal ordinance adopted by a state or local authority
22 regulating the operation of motor vehicles on highways, may forward
23 to the department within ((ten)) 10 days of failure to respond,
24 failure to pay a penalty, failure to appear at a hearing to contest
25 the determination that a violation of any statute, ordinance, or
26 regulation relating to standing, stopping, parking, or civil
27 penalties issued under RCW 46.63.160 or 46.63.200 has been committed,
28 or failure to appear at a hearing to explain mitigating
29 circumstances, an abstract of the citation record in the form
30 prescribed by rule of the department, showing the finding by such
31 municipality that two or more violations of laws governing standing,
32 stopping, and parking or one or more civil penalties issued under RCW
33 46.63.160 or 46.63.200 have been committed and indicating the nature
34 of the defendant's failure to act. Such violations or infractions may
35 not have occurred while the vehicle is stolen from the registered
36 owner. The department may enter into agreements of reciprocity with
37 the duly authorized representatives of the states for reporting to
38 each other violations of laws governing standing, stopping, and
39 parking.
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 1 (3) For the purposes of this title and except as defined in RCW
2 46.25.010, "conviction" means a final conviction in a state or
3 municipal court or by any federal authority having jurisdiction over
4 offenses substantially the same as those set forth in this title
5 which occur on federal installations in this state, an unvacated
6 forfeiture of bail or collateral deposited to secure a defendant's
7 appearance in court, the payment of a fine or court cost, a plea of
8 guilty or nolo contendere, or a finding of guilt on a traffic law
9 violation charge, regardless of whether the imposition of sentence or
10 sanctions are deferred or the penalty is suspended, but not including
11 entry into a deferred prosecution agreement under chapter 10.05 RCW.
12 (4) Perfection of a notice of appeal shall stay the execution of
13 the sentence pertaining to the withholding of the driving privilege.
14 (5) For the purposes of this title, "finding that a traffic
15 infraction has been committed" means a failure to respond to a notice
16 of infraction or a determination made by a court pursuant to this
17 chapter. Payment of a monetary penalty made pursuant to RCW
18 46.63.070(2) is deemed equivalent to such a finding.
19 Sec. 3. RCW 46.63.110 and 2023 c 388 s 2 are each amended to
20 read as follows:
21 (1)(a) A person found to have committed a traffic infraction
22 shall be assessed a monetary penalty. No penalty may exceed $250 for
23 each offense unless authorized by this chapter or title.
24 (b) The court may waive or remit any monetary penalty, fee, cost,
25 assessment, or other monetary obligation associated with a traffic
26 infraction unless the specific monetary obligation in question is
27 prohibited from being waived or remitted by state law.
28 (2) The monetary penalty for a violation of (a) RCW 46.55.105(2)
29 is $250 for each offense; (b) RCW 46.61.210(1) is $500 for each
30 offense. No penalty assessed under this subsection (2) may be
31 reduced.
32 (3) The supreme court shall prescribe by rule a schedule of
33 monetary penalties for designated traffic infractions. This rule
34 shall also specify the conditions under which local courts may
35 exercise discretion in assessing fines and penalties for traffic
36 infractions. The legislature respectfully requests the supreme court
37 to adjust this schedule every two years for inflation.
38 (4) There shall be a penalty of $25 for failure to respond to a
39 notice of traffic infraction except where the infraction relates to
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 1 parking as defined by local law, ordinance, regulation, or resolution
2 or failure to pay a monetary penalty imposed pursuant to this
3 chapter. A local legislative body may set a monetary penalty not to
4 exceed $25 for failure to respond to a notice of traffic infraction
5 relating to parking as defined by local law, ordinance, regulation,
6 or resolution. The local court, whether a municipal, police, or
7 district court, shall impose the monetary penalty set by the local
8 legislative body.
9 (5) Monetary penalties provided for in chapter 46.70 RCW which
10 are civil in nature and penalties which may be assessed for
11 violations of chapter 46.44 RCW relating to size, weight, and load of
12 motor vehicles are not subject to the limitation on the amount of
13 monetary penalties which may be imposed pursuant to this chapter.
14 (6) Whenever a monetary penalty, fee, cost, assessment, or other
15 monetary obligation is imposed by a court under this chapter, it is
16 immediately payable and is enforceable as a civil judgment under
17 Title 6 RCW. If the court determines that a person is not able to pay
18 a monetary obligation in full, the court shall enter into a payment
19 plan with the person in accordance with RCW 46.63.190 and standards
20 that may be set out in court rule.
21 (7) In addition to any other penalties imposed under this section
22 and not subject to the limitation of subsection (1) of this section,
23 a person found to have committed a traffic infraction shall be
24 assessed:
25 (a) A fee of $5 per infraction. Under no circumstances shall this
26 fee be reduced or waived. Revenue from this fee shall be forwarded to
27 the state treasurer for deposit in the emergency medical services and
28 trauma care system trust account under RCW 70.168.040;
29 (b) A fee of $10 per infraction. Under no circumstances shall
30 this fee be reduced or waived. Revenue from this fee shall be
31 forwarded to the state treasurer for deposit in the general fund; and
32 (c) A fee of $5 per infraction. Under no circumstances shall this
33 fee be reduced or waived. Revenue from this fee shall be forwarded to
34 the state treasurer for deposit in the traumatic brain injury account
35 established in RCW 74.31.060.
36 (8)(a) In addition to any other penalties imposed under this
37 section and not subject to the limitation of subsection (1) of this
38 section, a person found to have committed a traffic infraction other
39 than of RCW 46.61.527 or 46.61.212 shall be assessed an additional
40 penalty of $24. The court may not reduce, waive, or suspend the
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 1 additional penalty unless the court finds the offender to be
2 indigent. If a court authorized community restitution program for
3 offenders is available in the jurisdiction, the court shall allow
4 offenders to offset all or a part of the penalty due under this
5 subsection (8) by participation in the court authorized community
6 restitution program.
7 (b) $12.50 of the additional penalty under (a) of this subsection
8 shall be remitted to the state treasurer. The remaining revenue from
9 the additional penalty must be remitted under chapters 2.08, 3.46,
10 3.50, 3.62, 10.82, and 35.20 RCW. Money remitted under this
11 subsection to the state treasurer must be deposited as follows: $8.50
12 in the state general fund and $4 in the driver licensing technology
13 support account created under RCW 46.68.067. The moneys deposited
14 into the driver licensing technology support account must be used to
15 support information technology systems used by the department to
16 communicate with the judicial information system, manage driving
17 records, and implement court orders. The balance of the revenue
18 received by the county or city treasurer under this subsection must
19 be deposited into the county or city current expense fund. Moneys
20 retained by the city or county under this subsection shall constitute
21 reimbursement for any liabilities under RCW 43.135.060.
22 (9) If a legal proceeding, such as garnishment, has commenced to
23 collect any delinquent amount owed by the person for any penalty
24 imposed by the court under this section, the person may request a
25 payment plan pursuant to RCW 46.63.190.
26 (10) The monetary penalty for violating RCW 46.37.395 is: (a)
27 $250 for the first violation; (b) $500 for the second violation; and
28 (c) $750 for each violation thereafter.
29 (11) The additional monetary penalty for a violation of RCW
30 46.20.500 is not subject to assessments or fees provided under this
31 section.
32 (12) The additional monetary fine for a violation of RCW
33 46.61.110, 46.61.145, 46.61.180, 46.61.185, 46.61.190, and 46.61.205
34 is not subject to assessments or fees provided under this section.
35 (13) The additional monetary penalties for a violation of RCW
36 46.61.165 are not subject to assessments or fees provided under this
37 section.
38 (14) The monetary penalty for a violation of RCW 46.63.200 is not
39 subject to assessments or fees provided under this section.
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 1 Sec. 4. RCW 46.63.200 and 2023 c 17 s 3 are each amended to read
2 as follows:
3 (1) This section applies to the use of speed safety camera
4 systems in state highway work zones.
5 (2) Nothing in this section prohibits a law enforcement officer
6 from issuing a notice of infraction to a person in control of a
7 vehicle at the time a violation occurs under RCW 46.63.030(1) (a),
8 (b), or (c).
9 (3)(a) The department of transportation is responsible for all
10 actions related to the operation and administration of speed safety
11 camera systems in state highway work zones including, but not limited
12 to, the procurement and administration of contracts necessary for the
13 implementation of speed safety camera systems ((and)), the mailing of
14 notices of infraction, and the development and maintenance of a
15 public-facing website for the purpose of educating the traveling
16 public about the use of speed safety camera systems in state highway
17 work zones. By July 1, 2024, the department of transportation, in
18 consultation with the Washington state patrol, department of
19 licensing, office of administrative hearings, Washington traffic
20 safety commission, and other organizations committed to protecting
21 civil rights must adopt rules addressing such actions and take all
22 necessary steps to implement this section.
23 (b) The Washington state patrol is responsible for all actions
24 related to the enforcement and adjudication of speed violations under
25 this section including, but not limited to, notice of infraction
26 verification and issuance authorization, and determining which types
27 of emergency vehicles are exempt from being issued notices of
28 infraction under this section. By July 1, 2024, the Washington state
29 patrol, in consultation with the department of transportation,
30 department of licensing, office of administrative hearings,
31 Washington traffic safety commission, and other organizations
32 committed to protecting civil rights must adopt rules addressing such
33 actions and take all necessary steps to implement this section.
34 (c) When establishing rules under this subsection (3), the
35 department of transportation and the Washington state patrol may also
36 consult with other public and private agencies that have an interest
37 in the use of speed safety camera systems in state highway work
38 zones.
39 (4) Beginning July 1, 2024:
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 1 (a) ((A notice of infraction may only be issued under this
2 section if a speed safety camera system captures a speed violation in
3 a state highway work zone when workers are present.)) No person may
4 drive a vehicle in a state highway work zone at a speed greater than
5 that allowed by traffic control devices.
6 (b) A notice of infraction may only be issued under this section
7 if a speed safety camera system captures a speed violation in a state
8 highway work zone when workers are present.
9 (5)(a) Except as otherwise provided in (b) of this subsection,
10 the penalty for a speed safety camera system violation is: (i) $124
11 for the first violation; and (ii) $248 for the second violation, and
12 for each violation thereafter.
13 (b) Only a written warning