Governor Likely to Sign Surcharge Bill into Law

According to the Office of Legislative Research, OLR, Senate Bill 537 creates a $10 surcharge on “anyone who pays a fine or forfeiture for any of 35 motor vehicle violations.”

The surcharge would be added to the fine amount and will be deposited in the general fund of the town where the violation occurred.

OLR reports that violations subject to the surcharge include speeding, reckless driving, driving under the influence, making an illegal turn, failing to yield right of way, a first offense for failing to stop for a school bus, and failing to stop at a stop sign.

According to bill supporter Representative Marilyn Giuliano, 23rd District, who represents Lyme, Old Lyme, Westbrook, and Old Saybrook, violations in the bill are what “law enforcement agencies deal with the most especially speeding, running red lights, and failure to stop at stop signs.”

Giuliano said the Judicial Department would spend $50,000 a year to process the surcharge back to municipalities.

The Connecticut Senate unanimously approved the bill on April 28, while the Connecticut House of Representatives voted May 2, 116-32, favoring the bill.

According to the Senate Clerk’s Office, the bill became Public Act 06-106 on May 12 and will soon be sent to Governor M. Jodi Rell for her signature.

Judd Everhart, spokesman for the governor, said he “expects her to sign the bill.”

If the governor signs the bill, it would become law on July 1.

Voting for the bill, Representative Brian O’Connor, 35th District, representing Westbrook, Clinton, and Killingworth, said it was “one of the bills I had concerns with but they were addressed.”

O’Connor’s main concern was reinstating a quota system requiring police to write a specified number of tickets, but after inquiring, he said, this is not the case.

Many police departments and town governments are upset they spend money for public safety but do not receive revenue from infraction fines, O’Connor said, adding, “it’s an incentive for them (police officers) to enforce the law.”

O’Connor believes police officers “won’t change their pattern of behavior” in determining whether someone receives a warning or a ticket, even though the bill would create a financial incentive for municipalities to give out more tickets.

“Some opposed it because they thought it could change the pattern of police officers to be overly aggressive in serving moving violations,” O’Connor said.

The police are responsible enough not to abuse the law, O’Connor said, but said if they do, “we can always repeal it.”

Representative James Spallone, 36th district, representing Chester, Deep River, Essex, and Haddam, acknowledged that “during the debate, there was some concern about over-zealous ticket writing or towns looking for outsiders to ticket, but I feel on balance it’s a good bill.”

Spallone said he voted for the bill because “behavior of drivers on the road seems to be getting worse” and he has received letters and e-mails requesting better enforcement.

“There is a glitch in the law so if state police pull you over and ticket you on a local road, the $10 surcharge is added but it goes to the state’s general fund,” O’Connor said, adding that the legislature hopes to resolve this in the next legislative session.

If a town’s resident state trooper tickets someone for a violation, the surcharge would go to the state’s general fund since the trooper works for the Connecticut State Police, O’Connor said.

“If a Westbrook police constable pulls someone over for speeding, the $10 would go back to Westbrook, however,” O’Connor said.

The law would be more effective for “individual police forces such as Old Saybrook and Clinton,” O’Connor said.

O’Connor confirmed that towns in our area not fully benefiting from the bill include Westbrook, Deep River, Chester, Old Lyme, and Lyme, which all have resident state trooper programs.

A message left for Deep River Resident State Trooper Richard Burgarella was not returned.

According to the Connecticut Office of Fiscal Analysis, “it is estimated that $1.5 million in revenues would be generated annually under the bill’s surcharge and distributed to various municipalities.”

Old Saybrook First Selectman Michael Pace said he supports the measure, stating he supports “any way to gain revenue for policing.”

Asked whether it would increase the number of tickets written by Old Saybrook Police Department, he said he believes “the police department will handle this professionally.”

OSPD Lieutenant Michael Spera could not be reached for comment.

Pace said Main Street lowered its speed limit last year from 30 miles per hour to 25 miles per hour.

For those driving slightly faster, Pace said, “a warning is a better way to address the citizenry and a person will remember that and respect that.”

Chester First Selectman Tom Marsh called the bill, “welcome news,” stating “there have been a number of occasions that residents were concerned about excessive speeding, but we don’t get funds from that (ticket fines).”

According to the OLR, Massachusetts, New Hampshire and Rhode Island, have lower fines for 14 common traffic offenses than Connecticut.

Those cited for going too slowly and those cited for using handheld cell phones or electronic devices while driving would not be assessed the surcharge, according to the bill.