HB 1616
In CommitteeHouse
Transit conduct/ferries
Expanding the locations where a person can be guilty of unlawful transit conduct to include the Washington state ferries.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill extends existing rules against disruptive or dangerous behavior on public transit to include Washington state ferries, making actions like smoking, littering, or obstructing passage illegal on ferries under the same laws that apply to buses and trains. It also updates definitions to ensure ferries are fully covered under the unlawful transit conduct statute.
- Expands the definition of 'transit vehicle' to explicitly include Washington state ferries, making conduct rules apply to ferries for the first time.
- Adds 16 specific prohibited behaviors on transit vehicles and facilities—including smoking, littering, spitting, gambling, skateboarding, and obstructing traffic—now also illegal on ferries.
- Clarifies that 'transit facility' includes all ferry terminals, piers, and related infrastructure owned or used by Washington State Ferries.
- Maintains existing misdemeanor penalties for violations, with potential fines up to $1,000 and/or up to 90 days in jail.
- Includes exceptions for authorized smoking areas, earphones, and certain safety-related conduct (e.g., carrying firearms legally).
Who is affected
- Ferry passengers — Passengers on Washington state ferries may now be held criminally liable for behaviors like smoking, littering, or disruptive conduct while on ferries, which were not previously covered under the unlawful transit conduct law.
- Washington State Ferries employees and security personnel — Ferry operators and staff may face increased responsibilities for enforcing conduct rules and responding to violations on ferries, similar to duties on other transit vehicles.
- Law enforcement agencies (e.g., Washington State Patrol, county sheriff’s offices) — Local and state law enforcement agencies may be called upon to respond to and enforce unlawful transit conduct violations on ferries, potentially increasing law enforcement workload.
- Vulnerable populations (e.g., unhoused individuals, people with behavioral health conditions) — People experiencing homelessness or mental health crises may be disproportionately impacted, as behaviors related to these conditions (e.g., spitting, disruptive conduct) could now be criminalized on ferries.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (5)
Explicitly prohibits obstructing passage, disruptive behavior, property damage, and throwing objects with intent to harm—actions that directly threaten passenger safety and system reliability—thereby improving the security and predictability of ferry travel for everyday commuters and visitors.
Public SafetyPeopleRef: Sec. 1, RCW 9.91.025(1)(h), (i), (j), (k)Prohibits hazardous behaviors (e.g., spitting, littering, carrying flammables, open alcohol) that pose health and safety risks to passengers and crew, especially in enclosed ferry environments where air circulation and space are limited—reducing exposure to disease, injury, and fire hazards.
Public SafetyPeopleRef: Sec. 1, RCW 9.91.025(1)(d), (e), (f), (g)Clarifies that ferries are included in the definition of “transit vehicle,” ensuring consistent enforcement across modes and eliminating a prior regulatory gap that allowed ferry-specific misconduct to go unpunished under state transit laws.
TransportationPeopleRef: Sec. 1, RCW 9.91.025(2)(b)Prohibits fare fraud and impersonation of transit employees, which protects revenue integrity and reduces opportunities for deception or coercion that could escalate into physical confrontations on board.
Public SafetyPeopleRef: Sec. 1, RCW 9.91.025(1)(l), (m)Bans gambling and skateboarding on ferries—activities that can distract operators or create trip hazards—thereby reducing low-probability but high-impact risks to passenger movement and emergency egress.
Public SafetyLean peopleRef: Sec. 1, RCW 9.91.025(1)(n), (o)
Potential Concerns (5)
Criminalizes common behaviors (e.g., spitting, littering, obstructing passage) on ferries that were previously unregulated under the unlawful transit conduct statute, potentially increasing low-level criminalization of vulnerable populations—including unhoused individuals or people with behavioral health conditions—who may engage in such behaviors due to survival needs or untreated conditions.
Public SafetyPeopleRef: Sec. 1, RCW 9.91.025(1)(c), (d), (e), (h), (i), (l), (n), (o), (p)Imposes misdemeanor penalties (up to $1,000 fine and/or 90 days jail) for violations, which may strain court and correctional resources and impose long-term consequences (e.g., criminal records) on low-income individuals for minor infractions that do not pose direct threats to safety.
Public SafetyPeopleRef: Sec. 1, RCW 9.91.025(3)Expands law enforcement responsibilities to include ferry-related violations, potentially increasing workload for local and state agencies (e.g., WSP, county sheriffs) without specifying new funding to cover added enforcement, prosecution, or court costs.
Local GovernmentLean peopleRef: Sec. 1, RCW 9.91.025(2)(a), (b)Creates new restrictions on personal conduct (e.g., smoking outside designated areas, carrying firearms legally, skateboarding) that may disproportionately affect individuals with fewer alternatives (e.g., unhoused people who smoke to cope with stress), potentially infringing on personal autonomy in public spaces without sufficient accommodations.
Rights & LibertiesLean peopleRef: Sec. 1, RCW 9.91.025(1)(a), (f), (g), (o)The catch-all provision (p) criminalizing “other conduct… inconsistent with the intended use” and refusing to obey lawful orders is vague and could enable arbitrary enforcement, especially against marginalized groups, raising due process concerns.
Rights & LibertiesRef: Sec. 1, RCW 9.91.025(1)(p)
Who Is Most Affected
Passengers benefit from improved safety, cleanliness, and predictability on ferries, especially during peak travel or in inclement weather when enclosed spaces increase exposure to disruptive behavior. However, low-income or unhoused passengers may face criminalization for behaviors tied to survival (e.g., smoking, spitting, obstructing flow), potentially leading to fines or arrest.
WFSE and other ferry employees gain clearer authority to report violations and request enforcement, improving workplace safety. However, they may face increased burden in de-escalating conflicts or identifying violations without additional training or staffing support.
Law enforcement agencies gain statutory authority to address misconduct on ferries, aligning ferry enforcement with other transit modes. However, they face added workload with no new funding, potentially diverting resources from higher-priority crimes—especially in rural counties with limited patrol capacity.
Unhoused individuals and people with behavioral health conditions are at heightened risk of arrest for behaviors like spitting, obstructing flow, or smoking—actions that may stem from untreated illness or lack of shelter—potentially deepening cycles of criminalization and distrust of public services.
The state and counties may see modest revenue from fines, but the bill does not allocate those funds to mitigation programs (e.g., mental health response teams), so net fiscal impact is likely a net cost to local governments for enforcement and adjudication.