HB2355 - 501R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 12-114.01, Arizona Revised Statutes, is amended to read:

START_STATUTE12-114.01. Probation assessment; deposit

A. Except as provided in section 12‑269, in addition to any other penalty, fine, fee, surcharge or assessment authorized by law, a person shall pay an assessment of twenty dollars on conviction for a criminal offense or a finding of responsibility for a civil traffic violation, for a violation of any local ordinance relating to the stopping, standing or operation of a vehicle, except parking violations, or for a violation of the game and fish statutes in title 17.

B. The monies collected pursuant to this section shall be deposited, pursuant to sections 35‑146 and 35‑147, in the judicial collection enhancement fund established by section 12‑113 to be used to supplement monies currently used for the salaries of adult and juvenile probation and surveillance officers and for support of programs and services of the superior court adult and juvenile probation departments.

C. The court may waive all or part of the assessment in the same manner and subject to the same limitations provided for the waiver of penalty assessments surcharges in section 12‑116.01, subsection F and section 12‑116.02, subsection D. END_STATUTE

Sec. 2. Section 12-116.01, Arizona Revised Statutes, is amended to read:

START_STATUTE12-116.01. Surcharges; fund deposits

A. In addition to any other penalty assessment provided by law, a penalty assessment surcharge shall be levied in an amount of forty‑seven per cent on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17.

B. In addition to any other penalty assessment provided by law, an additional penalty assessment a surcharge shall be levied in an amount of seven per cent on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17.

C. In addition to any other penalty assessment provided by law, an additional penalty assessment a surcharge shall be levied through December 31, 2011 in an amount of seven per cent, and beginning January 1, 2012 in an amount of six per cent, on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17.

D. If any deposit of bail or bond or deposit for an alleged civil traffic violation is to be made for a violation, the court shall require a sufficient amount to include the assessment surcharge prescribed in this section for forfeited bail, bond or deposit. If bail, bond or deposit is forfeited, the court shall transmit the amount of the assessment surcharge pursuant to subsection G of this section. If bail, bond or deposit is returned, the assessment surcharge made pursuant to this article shall also be returned.

E. After addition of the penalty assessment surcharge, the courts may round the total amount due to the nearest one‑quarter dollar.

F. The judge may waive all or part of the civil penalty, fine, forfeiture and penalty assessment surcharge, except for mandatory civil penalties and fines, the payment of which would work a hardship on the persons convicted or adjudicated or on their immediate families. If a fine or civil penalty is mandatory, the judge may waive only all or part of the penalty assessments surcharges prescribed by subsections A, B and C of this section and section 12‑116.02. If a fine or civil penalty is not mandatory and if a portion of the civil penalty, fine, forfeiture and penalty assessment surcharge is waived or suspended, the amount assessed must be divided according to the proportion that the civil penalty, fine, bail or bond and the penalty assessment surcharge represent of the total amount due.

G. The surcharge imposed by this section shall be applied to the base fine, civil penalty or forfeiture and not to any other surcharge imposed.

G. H. After a determination by the court of the amount due, the court shall transmit, on the last day of each month, the assessments surcharges collected pursuant to subsections A, B, C and D of this section and a remittance report of the fines, civil penalties, and assessments and surcharges collected pursuant to subsections A, B, C and D of this section to the county treasurer, except that municipal courts shall transmit the assessments surcharges and the remittance report of the fines, civil penalties, and assessments and surcharges to the city treasurer.

H. I. The appropriate authorities specified in subsection G H of this section shall transmit the forty‑seven per cent penalty assessment surcharge prescribed in subsection A of this section and the remittance report as required in subsection G H of this section to the state treasurer on or before the fifteenth day of each month for deposit in the criminal justice enhancement fund established by section 41‑2401.

I. J. The appropriate authorities specified in subsection G H of this section shall transmit the seven per cent penalty assessment surcharge prescribed in subsection B of this section and the remittance report as required in subsection G H of this section to the state treasurer on or before the fifteenth day of each month for allocation pursuant to section 41‑2421, subsection J.

J. K. The appropriate authorities specified in subsection G H of this section shall transmit the penalty assessment surcharge prescribed in subsection C of this section and the remittance report as required in subsection G H of this section to the state treasurer on or before the fifteenth day of each month for deposit in the Arizona deoxyribonucleic acid identification system fund established by section 41‑2419.

K. L. Partial payments of the amount due shall be transmitted as prescribed in subsections G, H, I, and J and K of this section and shall be divided according to the proportion that the civil penalty, fine, bail or bond and the penalty assessment surcharge represent of the total amount due. END_STATUTE

Sec. 3. Section 12-116.02, Arizona Revised Statutes, is amended to read:

START_STATUTE12-116.02. Additional surcharges; fund deposits

A. In addition to any other penalty assessment provided by law, there shall be levied a penalty assessment surcharge in an amount of thirteen per cent on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and civil penalties imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for a violation of any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17.

B. If any deposit of bail or bond or deposit for an alleged civil traffic violation is to be made for a violation, the court shall require a sufficient amount to include the penalty assessment surcharge prescribed in this section for forfeited bail, bond or deposit. If bail, bond or deposit is forfeited, the amount of such penalty assessment surcharge shall be transmitted by the court pursuant to subsection E of this section. If bail, bond or deposit is returned, the penalty assessment surcharge made pursuant to this article shall also be returned.

C. After addition of the penalty assessment surcharge, the courts may round the total amount due to the nearest one‑quarter dollar.

D. The judge may waive all or part of the civil penalty, fine, forfeiture and penalty assessment surcharge, except for civil penalties and fines that are mandatory, the payment of which would work a hardship on the persons convicted or adjudicated or on their immediate families. If a fine or civil penalty is mandatory, the judge may waive only all or part of the penalty assessments surcharge prescribed by subsection A of this section and section 12‑116.01. If a fine or civil penalty is not mandatory and if a portion of the civil penalty, fine, forfeiture and penalty assessment surcharge is waived or suspended, the amount assessed must be divided according to the proportion that the civil penalty, fine, bail or bond, and the penalty assessment surcharge represent of the total amount due.

E. The surcharge imposed by this section shall be applied to the base fine, civil penalty or forfeiture and not to any other surcharge imposed.

E. F. After a determination by the court of the amount due, the court shall transmit, on the last day of each month, the assessments surcharges collected pursuant to subsections A and B of this section and a remittance report of the fines, civil penalties, and assessments and surcharges collected pursuant to subsections A and B of this section to the county treasurer, except that municipal courts shall transmit the assessments surcharges and the remittance report of the fines, civil penalties, and assessments and surcharges to the city treasurer.

F. G. The thirteen per cent penalty assessment surcharge as required in subsection A of this section shall be transmitted by the appropriate authorities prescribed in subsection E F of this section to the state treasurer on or before the fifteenth day of each month, for deposit in the medical services enhancement fund, established pursuant to by section 36‑2219.01.

G. H. Partial payments of the amount due shall be transmitted as required in subsections E and F and G of this section and shall be divided according to the proportion that the civil penalty, fine, bail or bond, and the penalty assessment, surcharge represent of the total amount due. END_STATUTE

Sec. 4. Section 28-121, Arizona Revised Statutes, is amended to read:

START_STATUTE28-121. Violation; classification; exception; civil traffic violation; surcharge

A. A person who violates a provision of this title or who fails or refuses to do or perform an act or thing required by this title is guilty of a class 2 misdemeanor, unless the statute defining the offense provides for a different classification. This subsection does not apply to any provision or requirement of chapter 3, 5, 7 or 8, chapter 9, article 4 or chapter 10, article 10 of this title.

B. A violation of or failure or refusal to do or perform an act or thing required by chapter 3, 5, 7 or 8, chapter 9, article 4 or chapter 10, article 10 of this title is a civil traffic violation unless the statute defining the violation provides for a different classification. Civil traffic violations are subject to chapter 5, articles 3 and 4 of this title.

C. In addition to any other penalty assessment provided in this title, the court shall levy the penalty assessment surcharge as required by sections 12‑116.01 and 12‑116.02. END_STATUTE

Sec. 5. Section 28-702.01, Arizona Revised Statutes, is amended to read:

START_STATUTE28-702.01. Urbanized areas; waste of a finite resource; civil penalties

A. If the maximum speed limit on a public highway in this state is fifty‑five miles per hour, a person shall not drive a motor vehicle at a speed in excess of fifty‑five miles per hour on that highway. If the speed at which the person is alleged to have driven as provided in section 28‑707, subsection A or the speed at which the court finds the person drove is sixty‑five miles per hour or less, the offense is designated as the waste of a finite resource and is a civil traffic violation subject to subsection B of this section.

B. If a person is found responsible for a civil traffic violation pursuant to subsection A of this section:

1. A department or agency of this state shall not consider the violation for the purpose of determining whether the person's driver license should be suspended or revoked and a court shall not transmit abstracts of records of judgment for the violation to the department.

2. An insurer shall not consider the violation as a moving traffic violation against the person for the purpose of establishing rates of motor vehicle insurance charged by the insurer and shall not cancel or refuse to renew a policy of insurance because of the violation.

3. The civil penalty shall not exceed fifteen dollars plus the penalty assessments surcharges imposed pursuant to sections 12‑116.01 and 12‑116.02.

4. A report shall not be made under section 28‑1559, subsection B.

C. If the maximum speed limit on a public highway in this state is fifty‑five miles per hour, a person shall not drive a motor vehicle at a speed in excess of fifty‑five miles per hour on that highway. If the speed at which the person is alleged to have driven as provided in section 28‑707, subsection A or the speed at which the court finds the person drove is more than sixty‑five miles per hour, the offense is designated as a civil traffic violation and the person is subject to a civil penalty of not more than the amount provided in section 28‑1598.

D. This section does not apply to an interstate system highway located outside of an urbanized area, as defined in section 28‑702.04, with a population of fifty thousand or more persons. END_STATUTE

Sec. 6. Section 28-710, Arizona Revised Statutes, is amended to read:

START_STATUTE28-710. State highway work zone safety; civil penalty; fund

A. In a state highway work zone as defined in section 28‑652 that is designated as a state highway work zone by traffic control devices indicating the beginning and end of the state highway work zone and in which workers are not present, a person shall not drive a vehicle at a speed that is greater than the speed allowed by traffic control devices.

B. In a state highway work zone as defined in section 28‑652 that is designated as a state highway work zone by traffic control devices indicating the beginning and end of the state highway work zone and in which workers are present, a person shall not drive a vehicle at a speed that is greater than the speed allowed by traffic control devices. If a person is found responsible for a civil traffic violation under this subsection, the person is subject to a civil penalty equal to the amount of the civil penalty for the same speeding violation committed in a state highway work zone in which workers are not present and shall pay an additional assessment equal to the amount of that civil penalty. The court shall collect the additional assessment at the same time the court collects the civil penalty. Partial payments of the total amount due pursuant to this subsection shall be divided according to the proportion that the civil penalty, the penalty assessments surcharges levied pursuant to sections 12‑116.01 and 12‑116.02 and the additional assessment imposed pursuant to this subsection represent of the total amount due. The court and the department shall treat failure to pay the additional assessment imposed pursuant to this subsection in the same manner as failure to pay a civil penalty, including taking action against the person's driver license or permit or privilege to drive pursuant to sections 28‑1601, 28‑3153 and 28‑3305.

C. A state highway work zone safety fund is established consisting of monies deposited pursuant to subsection D, paragraph 1 of this section. The governor's office of highway safety shall administer the fund. The monies in the fund are continuously appropriated. Monies in the fund shall be used to establish and maintain a public education campaign for highway work zone safety.

D. If a person is found responsible for a violation of subsection B of this section in a justice court or the superior court, the court shall transmit monies received to pay the additional assessment to the county treasurer. If a person is found responsible for a violation of subsection B of this section in a municipal court, the court shall transmit the monies received to pay the additional assessment to the city treasurer. Notwithstanding section 28‑1554, the city or county treasurer shall transmit the monies received to pay the additional assessment to the state treasurer. The state treasurer shall deposit the monies received to pay the additional assessment as follows:

1. Fifty per cent in the state highway work zone safety fund established by this section.

2. Fifty per cent in the state highway fund established by section 28‑6991. END_STATUTE

Sec. 7. Section 28-797, Arizona Revised Statutes, is amended to read:

START_STATUTE28-797. School crossings; civil penalty; assessment; definition

A. The director with respect to state highways, the county board of supervisors with respect to county highways or the governing body of a city or town or its designee with respect to city or town streets, by and with the advice of the school district governing board, may mark or cause to be marked by the department or local authorities crosswalks in front of each school building or school grounds abutting the locations where children are required to cross the highway or street.

B. The department or local authorities may approve additional crossings across highways not abutting on school grounds on application of school authorities and with written satisfactory assurance given the department or local authorities that guards will be maintained by the school district at the crossings to enforce the proper use of the crossing by school children.

C. The manual prescribed in section 28‑641 shall provide for yellow marking of the school crossing, yellow marking of the center line of the roadway and the erection of portable signs indicating that vehicles must stop when persons are in the crossing. The manual shall also provide the type and wording of portable signs indicating that school is in session and that the civil penalty for a violation of this section will be doubled when the signs are present and permanent signs that warn of the approach to school crossings.

D. When the school crossings are established, school authorities shall place within the highway the portable signs indicating that school is in session. This placement shall be not more than three hundred feet from each side of the school crossing. In addition, portable signs indicating that the driver shall stop when children are in the crosswalk shall be placed at school crossings. School authorities shall maintain these signs when school is in session and shall cause them to be removed within one hour after the end of a school session or pursuant to an agreement with a city or town.

E. Notwithstanding any other law:

1. An agency of appropriate jurisdiction may establish a school crossing on an unpaved highway or street adjacent to a school when the agency determines the need for the school crossing on the basis of a traffic study. School crossings on unpaved highways and streets shall be marked by the use of signs as prescribed in the manual prescribed in section 28‑641.

2. A local authority may establish a school crossing at an intersection containing a traffic control signal if the local authority determines the need for a school crossing on the basis of a traffic study.

F. A vehicle shall not proceed at a speed of more than fifteen miles per hour between the portable signs placed on the highway indicating that there shall be no passing, that school is in session and that the driver shall stop when children are in the crosswalk.

G. When a school authority places and maintains the required portable signs indicating that there shall be no passing, that school is in session and that the driver shall stop when children are in the crosswalk, all vehicles shall come to a complete stop at the school crossing when the crosswalk is occupied by a person.

H. A vehicle approaching the crosswalk shall not proceed at a speed of more than fifteen miles per hour between the portable signs placed on the highway indicating that there shall be no passing, that school is in session, that the driver shall stop when children are in the crosswalk and that the civil penalty will double.

I. When a school authority places and maintains the required portable signs indicating that there shall be no passing, that school is in session, that the driver shall stop when children are in the crosswalk and that the civil penalty will double, all vehicles shall come to a complete stop at the school crossing when a person is in the crosswalk.

J. If a person is found responsible for a violation of subsection F or G of this section, the person is subject to a civil penalty.

K. If a person is found responsible for a violation of subsection H or I of this section, the person is subject to a civil penalty and shall pay an additional assessment equal to the amount of the civil penalty. The additional assessment is not subject to any surcharge.

L. The court shall collect the additional assessment imposed pursuant to subsection K of this section at the same time the court collects the civil penalty. Partial payments of the total amount due pursuant to this subsection shall be divided according to the proportion that the civil penalty, the penalty assessments surcharges levied pursuant to sections 12‑116.01 and 12‑116.02 and the additional assessment imposed pursuant to this section represent of the total amount due. The court and the department shall treat failure to pay the additional assessment imposed pursuant to this subsection in the same manner as failure to pay a civil penalty, including taking action against the person's driver license or permit or privilege to drive pursuant to sections 28‑1601, 28‑3153 and 28‑3305.

M. If a person is found responsible pursuant to subsection K of this section in a justice court or superior court, the court shall transmit monies received to pay the additional assessment to the county treasurer. If a person is found responsible pursuant to subsection K of this section in a municipal court, the court shall transmit the monies received to pay the additional assessment to the city treasurer. The city or county treasurer shall deposit the monies received to pay the additional assessment in a fund to pay for costs related to enforcement of this section.

N. For the purposes of this section, "school is in session", when used either in reference to the period of time or to signs, means during school hours or while children are going to or leaving school during opening or closing hours. END_STATUTE

Sec. 8. Section 28-907, Arizona Revised Statutes, is amended to read:

START_STATUTE28-907. Child passenger restraint system; civil penalty; exemptions; notice; child passenger restraint fund; definitions

A. Except as provided in subsection G of this section, a person shall not operate a motor vehicle on the highways in this state when transporting a child who is under five years of age unless that child is properly secured in a child passenger restraint system.

B. The department shall adopt standards in accordance with 49 Code of Federal Regulations section 571.213 for the performance, design and installation of child passenger restraint systems for use in motor vehicles as prescribed in this section.

C. A person who violates this section is subject to a civil penalty of fifty dollars, except that a civil penalty shall not be imposed if the person makes a sufficient showing that the motor vehicle has been subsequently equipped with a child passenger restraint system that meets the standards adopted pursuant to subsection B of this section. A sufficient showing may include a receipt mailed to the appropriate court officer that evidences purchase or acquisition of a child passenger restraint system. The court imposing and collecting the civil penalty shall deposit, pursuant to sections 35‑146 and 35‑147, the monies, exclusive of any assessments surcharges imposed pursuant to sections 12‑116.01 and 12‑116.02, in the child passenger restraint fund.

D. If a law enforcement officer stops a vehicle for an apparent violation of this section, the officer shall determine from the driver whether the unrestrained child or children in the vehicle are under five years of age.

E. If the information given to the officer indicates that a violation of this section has not been committed, the officer shall not detain the vehicle any further unless some additional violation is involved. The stopping of a vehicle for an apparent or actual violation of this section is not probable cause for the search or seizure of the vehicle unless there is probable cause for another violation of law.

F. The requirements of this section or evidence of a violation of this section are not admissible as evidence in a judicial proceeding except in a judicial proceeding for a violation of this section.

G. This section does not apply to any of the following:

1. A person who operates a motor vehicle that was originally manufactured without passenger restraint devices.

2. A person who operates a motor vehicle that is also a recreational vehicle as defined in section 41‑2142.

3. A person who operates a commercial motor vehicle and who holds a current commercial driver license issued pursuant to chapter 8 of this title.

4. A person who must transport a child in an emergency to obtain necessary medical care.

5. A person who transports more than one child under five years of age in a motor vehicle that because of the restricted size of the passenger area does not provide sufficient area for the required number of child passenger restraint devices, if both of the following conditions are met:

(a) At least one child is restrained as required by this section.

(b) The person has secured as many of the other children in child passenger restraint devices pursuant to this section as is reasonable given the restricted size of the passenger area and the number of passengers being transported in the motor vehicle.

H. Before the release of any newly born child from a hospital, the hospital in conjunction with the attending physician shall provide the parents of the child with a copy of this section and information with regard to the availability of loaner or rental programs for child passenger restraint devices that may be available in the community where the child is born.

I. A child passenger restraint fund is established. The fund consists of all civil penalties deposited pursuant to this section and any monies donated by the public. The department of economic security shall administer the fund.

J. The department of economic security shall purchase child passenger restraint systems that meet the requirements of this section from monies deposited in the fund. If a responsible agency requests child passenger restraint systems and if they are available, the department of economic security shall distribute child passenger restraint systems to the requesting responsible agency.

K. On the application of a person to a responsible agency on a finding by the responsible agency to which the application was made that the applicant is unable to acquire a child passenger restraint system because the person is indigent and subject to availability, the responsible agency shall loan the applicant a child passenger restraint system at no charge for as long as the applicant has a need to transport a child who is subject to this section.

L. Monies in the child passenger restraint fund shall not exceed twenty thousand dollars. All monies collected over the twenty thousand dollar limit shall be deposited in the Arizona highway user revenue fund established by section 28‑6533.

M. For the purposes of this section:

1. "Indigent" means a person who is defined as an eligible person pursuant to section 36‑2901.01.

2. "Responsible agency" means a licensed hospital, a public or private agency providing shelter services to victims of domestic violence, a public or private agency providing shelter services to homeless families or a health clinic. END_STATUTE

Sec. 9. Section 28-1598, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1598. Maximum civil penalty

Except as otherwise provided, a civil penalty imposed pursuant to this article shall not exceed two hundred fifty dollars. In addition, the court shall levy penalty assessments surcharges pursuant to sections 12‑116.01 and 12‑116.02. END_STATUTE

Sec. 10. Section 41-2419, Arizona Revised Statutes, is amended to read:

START_STATUTE41-2419. Arizona deoxyribonucleic acid identification system fund

A. The Arizona deoxyribonucleic acid identification system fund is established. The Arizona deoxyribonucleic acid identification system fund consists of monies collected pursuant to section 12‑116.01 and distributed pursuant to section 41‑2401, subsection D, paragraph 6, monies collected pursuant to section 12‑116.01, subsection C and distributed pursuant to section 12‑116.01, subsection J K and monies contributed to the fund from any other source. On notice from the department of public safety, the state treasurer shall invest and divest monies in the fund as provided by section 35‑313, and monies earned from investment shall be credited to the fund.

B. The department of public safety shall administer the fund.

C. Subject to legislative appropriation, monies in the fund shall be used for implementing, operating and maintaining deoxyribonucleic acid testing and for the costs of administering the system. END_STATUTE

Sec. 11. Section 41-2421, Arizona Revised Statutes, is amended to read:

START_STATUTE41-2421. Enhanced collections; allocation of monies; criminal justice entities

A. Notwithstanding any other law and except as provided in subsection J of this section, five per cent of any monies collected by the supreme court and the court of appeals for the payment of filing fees, including clerk fees, diversion fees, fines, penalties, surcharges, sanctions and forfeitures, shall be deposited, pursuant to sections 35‑146 and 35‑147, and allocated pursuant to the formula in subsection B of this section. This subsection does not apply to monies collected by the courts pursuant to section 16‑954, subsection C, or for child support, restitution or exonerated bonds.

B. The monies deposited pursuant to subsection A of this section shall be allocated according to the following formula:

1. 21.61 per cent to the state aid to county attorneys fund established by section 11‑539.

2. 20.53 per cent to the state aid to indigent defense fund established by section 11‑588.

3. 57.37 per cent to the state aid to the courts fund established by section 12‑102.02.

4. 0.49 per cent to the department of law for the processing of criminal cases.

C. Notwithstanding any other law and except as provided in subsection J of this section, five per cent of any monies collected by the superior court, including the clerk of the court and the justice courts in each county for the payment of filing fees, including clerk fees, diversion fees, adult and juvenile probation fees, juvenile monetary assessments, fines, penalties, surcharges, sanctions and forfeitures, shall be transmitted to the county treasurer for allocation pursuant to subsections E, F, G and H of this section. This subsection does not apply to monies collected by the courts pursuant to section 16‑954, subsection C or for child support, restitution or exonerated bonds.

D. The supreme court shall adopt guidelines regarding the collection of revenues pursuant to subsections A and C of this section.

E. The county treasurer shall allocate the monies deposited pursuant to subsection C of this section according to the following formula:

1. 21.61 per cent for the purposes specified in section 11‑539.

2. 20.53 per cent for the purposes specified in section 11‑588.

3. 57.37 per cent to the local courts assistance fund established by section 12‑102.03.

4. 0.49 per cent to the state treasurer for transmittal to the department of law for the processing of criminal cases.

F. The board of supervisors in each county shall separately account for all monies received pursuant to subsections C and E of this section and expenditures of these monies may be made only after the requirements of subsections G and H of this section have been met.

G. By December 1 of each year each county board of supervisors shall certify if the total revenues received by the justice courts and the superior court, including the clerk of the superior court, exceed the amount received in fiscal year 1997‑1998. If the board so certifies, then the board shall distribute the lesser of either:

1. The total amount deposited pursuant to subsection C of this section.

2. The amount collected and deposited pursuant to subsection C of this section that exceeds the base year collections of fiscal year 1997‑1998. These monies shall be distributed according to the formula specified in subsection E of this section. Any monies remaining after this allocation shall be transmitted as otherwise provided by law.

H. If a county board of supervisors determines that the total revenues transmitted by the superior court, including the clerk of the superior court and the justice courts in the county, do not equal the base year collections transmitted in fiscal year 1997‑1998 the monies specified in subsection C of this section shall be transmitted by the county treasurer as otherwise provided by law.

I. For the purposes of this section, base year collections shall be those collections specified in subsection C of this section.

J. Monies collected pursuant to section 12‑116.01, subsection B shall be allocated as follows:

1. 15.44 per cent to the state aid to county attorneys fund established by section 11‑539.

2. 14.66 per cent to the state aid to indigent defense fund established by section 11‑588.

3. 40.97 per cent to the state aid to the courts fund established by section 12‑102.02.

4. 0.35 per cent to the department of law for the processing of criminal cases.

5. 14.29 per cent to the Arizona criminal justice commission for distribution to state, county and municipal law enforcement full service forensic crime laboratories pursuant to rules adopted by the Arizona criminal justice commission.

6. 14.29 per cent to the supreme court for allocation to the municipal courts pursuant to subsection K of this section.

K. The supreme court shall administer and allocate the monies received pursuant to subsection J, paragraph 6 of this section to the municipal courts based on the total amount of penalty assessments surcharges transmitted pursuant to section 12‑116.01 by that jurisdiction's city treasurer to the state treasurer for the prior fiscal year divided by the total amount of penalty assessments surcharges transmitted to the state treasurer pursuant to section 12‑116.01 by all city treasurers statewide for the prior fiscal year. The municipal court shall use the monies received to improve, maintain and enhance the ability to collect and manage monies assessed or received by the courts, to improve court automation and to improve case processing or the administration of justice. The municipal court shall submit a plan to the supreme court and the supreme court shall approve the plan before the municipal court begins to spend these allocated monies. END_STATUTE