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State record · WA · 2026-09-01 · Statute

Washington

Live on this state’s ALPR statute. The occupancy form on file is not a named ALPR highway instrument. A live card is not a permit in hand.

Statute
Highway system
Primary
State highways: every highway, or part thereof, designated as a state highway or branch by legislative enactment (RCW 47.04.010(41)). “Highway” in Title 47 is every way open as of right to public vehicular travel, inside or outside cities (RCW 47.04.010(13)). City streets are a separate class (RCW 47.04.010(7)).
Owner
Primary
Washington State Department of Transportation (WSDOT) shall exercise the powers and perform the duties necessary, convenient, or incidental to planning, locating, designing, constructing, improving, repairing, operating, and maintaining state highways (RCW 47.01.260(1)).
Right-of-way
Not retrieved
not packed. RCW 47.04.010 as retrieved does not define “right-of-way.” RCW 47.04.040 (title to rights-of-way) was not packed. Do not substitute Florida § 334.03(21) or any other state’s ROW definition.
Public records
Primary
Public Records Act (chapter 42.56 RCW; inspection RCW 42.56.080). Who may request: Any person. Agencies shall not distinguish among persons requesting records and shall not require the purpose of the request except as RCW 42.56.080 itself lists. The same PRA has produced opposite outcomes on different ALPR-adjacent records. Pack the records, do not generalize. Nov 2025 Skagit County Superior Court (Sedro-Woolley / Stanwood Flock images) held those images public records. WSP’s 2018 ALPR policy treated gathered images/data as not open to the public. Laws of 2026, ch. 239, § 5(5) now says automated license plate reader data is not subject to chapter 42.56 RCW except bona fide research under RCW 42.48.010 without individually identifiable information. Those are three different records, three different outcomes.

The same PRA has produced opposite outcomes on different ALPR-adjacent records. Pack the records, do not generalize. Nov 2025 Skagit County Superior Court (Sedro-Woolley / Stanwood Flock images) held those images public records. WSP’s 2018 ALPR policy treated gathered images/data as not open to the public. Laws of 2026, ch. 239, § 5(5) now says automated license plate reader data is not subject to chapter 42.56 RCW except bona fide research under RCW 42.48.010 without individually identifiable information. Those are three different records, three different outcomes.

Open meetings
Primary
Open Public Meetings Act (chapter 42.30 RCW; open-meetings rule RCW 42.30.030)
ALPR statute
Primary
Laws of 2026, ch. 239 (ESSB 6002); new chapter in Title 10 RCW (section numbers not assigned on retrieval day) — Driver privacy protections and automated license plate reader systems. Enrolled session law, emergency effective 30 March 2026. Default: an agency may not access, operate, or use an ALPR system or its data except as § 3(2) lists — law enforcement against named databases / stolen, missing/endangered, felony or gross-misdemeanor warrant, or felony/gross-misdemeanor investigation; parking enforcement; transportation agencies for real-time traffic, modeling, studies, and commercial-vehicle enforcement at WSP sites and weigh stations. Immigration investigation/enforcement, protected health-care tracking, and First Amendment / Const. art. I, § 7 activity are unlawful. Collection is barred at listed sensitive facilities. Existing and new systems must be registered with the Attorney General within 180 days of the effective date; unregistered systems may not be used. A positive match alone is not reasonable suspicion for a stop. Sharing, sale, lease, rent, or purchase of ALPR or audit-trail data is barred except as the chapter states. Vendors must default sharing off. Willful unauthorized query/retention/sharing is a gross misdemeanor; a civil remedy and CPA application to vendors are in §§ 9–11. Code Revisor had not assigned Title 10 section numbers on 1 Sept 2026. Retention: § 4: not longer than 21 days, with listed exceptions — warrant/subpoena/court order (delete at case end per the retention schedule); parking enforcement (delete no later than 12 hours after final disposition including appeals); traffic studies (delete no later than 30 days after collection); commercial-vehicle enforcement (delete no later than six months after collection); and § 3(2)(a) evidence of the enumerated unlawful conduct for as long as needed. Audit-trail data: two years (§ 8)..

Packed from the enrolled session-law HTML on lawfilesext.leg.wa.gov. Title 10 RCW section numbers were not assigned on retrieval day. Cite Laws of 2026, ch. 239 until they are.

ROW permit
None found
not packed — no ALPR-specific WSDOT instrument retrieved. Who may apply: not packed. WSDOT’s utility-accommodation page and RCW 47.44.010 authorize permits and franchises for utilities (pipes, lines, conduits, trams/railways, urban public-transportation structures). That page does not list an ALPR permit type. Do not treat a utility franchise as the ALPR install path. Do not copy Florida GUP, Minnesota OLPA, or Utah ALPRS Special Use.

WSDOT’s utility-accommodation page and RCW 47.44.010 authorize permits and franchises for utilities (pipes, lines, conduits, trams/railways, urban public-transportation structures). That page does not list an ALPR permit type. Do not treat a utility franchise as the ALPR install path. Do not copy Florida GUP, Minnesota OLPA, or Utah ALPRS Special Use.

Install process in this state

Steps 1–5 are the enrolled session law or Title 47. Step 6 is the negative finding on WSDOT’s utility page.

  1. This is Washington state-highway ROW under RCW 47.01.260 / 47.04.010, not Florida’s State Highway System. Do not import FAC 14-20.010, MnDOT OLPA, or UDOT ALPRS Special Use.
  2. Laws of 2026, ch. 239 is the ALPR-use statute (new Title 10 chapter). It is not a WSDOT right-of-way permit.
  3. An agency that uses or intends to keep using an ALPR system as of 30 March 2026 must register it with the Attorney General within 180 days of that date and certify a use policy and training process. Unregistered systems may not be used (§ 3(5)).
  4. Delete ALPR data on the § 4 clocks (default 21 days). Do not share except as § 5 allows. ALPR data is not a PRA record except bona fide research without individually identifiable information (§ 5(5)).
  5. Local law-enforcement agencies must promote public awareness before or coincident with implementation (§ 7(2)(b)). Annual usage reports and a published policy come later under § 7.
  6. No ALPR-specific WSDOT occupancy instrument was retrieved. RCW 47.44 utility franchise is for utilities. Empty beats inventing a permit name.

Primary

Where to ask

  • City or county clerk / agency public-records officer

    Minutes, resolutions, vote records (OPMA); PRA requests under ch. 42.56 RCW

  • Purchasing / finance

    Vendor contract, amendments, invoices — if a contract exists. Do not invent one.

  • Law-enforcement agency

    ALPR use policy, AG registration, audit-trail data (two-year hold), annual report

  • Office of the Attorney General

    ALPR system registrations; model policies due 1 July 2027; published § 7 report due 31 Dec 2027

  • WSDOT public disclosure

    WSDOT-held records under RCW 42.56. No ALPR ROW-permit file was packed.

SupportedEvidence
Laws of 2026, ch. 239, § 4 forbids retaining ALPR data collected by or on behalf of an agency longer than 21 days except the five listed exceptions.

wa-essb-6002

SupportedEvidence
Laws of 2026, ch. 239, § 5(5) states that automated license plate reader data is not subject to disclosure under chapter 42.56 RCW except bona fide research as defined in RCW 42.48.010 that does not include individually identifiable information.

wa-essb-6002

UnprovenAssumption
Washington’s Public Records Act produces one outcome for all ALPR-adjacent records.

Sedro-Woolley / Stanwood Flock images were held public records by a Nov 2025 trial court. WSP policy treated ALPR images/data as not public. Ch. 239 § 5(5) now exempts ALPR data from the PRA with a research exception. Pack those records separately. Do not generalize.

wa-42-56-080 · wa-essb-6002

UnprovenAssumption
WSDOT issues a named ALPR right-of-way permit.

Utility accommodation under RCW 47.44 was retrieved. An ALPR-specific WSDOT instrument was not.

wa-wsdot-util · wa-47-44-010

Sources in this pack

What was checked

  1. 2026-09-01

    https://lawfilesext.leg.wa.gov/biennium/2025-26/Htm/Bills/Session%20Laws/Senate/6002-S.SL.htm

    Primary: ESSB 6002 enrolled as Laws of 2026, ch. 239. Packed operation, 21-day retention, PRA exemption, AG registration. Title 10 section numbers not assigned.

  2. 2026-09-01

    https://app.leg.wa.gov/RCW/default.aspx?cite=42.56.080 and /cite=42.56.010 and /cite=42.30.030 and /cite=47.01.260 and /cite=47.04.010 and /cite=47.44.010

    Primary: PRA who-may-request, PRA definition, OPMA, WSDOT highway powers, highway/state-highway definitions. ROW width/definition not in 47.04.010. 47.44.010 is utilities, not ALPR.

  3. 2026-09-01

    https://wsdot.wa.gov/engineering-standards/design-topics/utilities-railroad-agreements/utility-accommodation-permits-and-franchises

    Primary WSDOT page for utility permits/franchises under RCW 47.44. No ALPR permit type listed. Not packed as the ALPR instrument.

  4. 2026-09-01

    Who Approved This PRA outcomes — Sedro-Woolley / Stanwood Flock images (Skagit County Superior Court 25-2-00717-29, Nov 2025) vs WSP ALPR policy vs ch. 239 § 5(5)

    Packed as three separate records. Do not generalize the PRA.

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