§ 27-16-808 — Reinstatement charge - Definitions

(a) The Office of Driver Services shall charge a fee to be calculated as provided under subsection (c) of this section for reinstating a driver's license suspended because of a conviction for any violation or offense. (b) All proceeds remitted to the Office of Driver Services under this section shall be deposited as follows: (1) Twenty-five percent (25%) to the State Police Retirement Fund; and (2) Seventy-five percent (75%) to the State Treasury as special revenues to the credit of the Division of Arkansas State Police Fund. (c) (1) The reinstatement fee under this section shall be calculated by multiplying one hundred dollars ($100) by each separate occurrence of offenses under any other provision of the law resulting in: (A) A court order directing the Office of Driver Services to suspend the driving privileges of the person; or (B) The Office of Driver Services' entering a suspension order. (2) (A) If a person's driving privileges are suspended or revoked solely as a result of outstanding driver's license reinstatement fees imposed under the laws of this state, the Office of Driver Services shall permit the person to pay only one (1) reinstatement fee of one hundred dollars ($100) to cover all administrative orders to suspend, revoke, or cancel a driver's license for a person ordered to pay a reinstatement fee under § 27-16-508(a)(1) or subdivision (c)(1) of this section if a district court or circuit court verifies to the Office of Driver Services that the person has: (i) Paid all other court costs, fines, and fees associated with the criminal offense that led to his or her driver's license suspension; (ii) Graduated from a specialty court program; and (iii) Provided the sentencing court with a reinstatement letter from the Department of Finance and Administration showing all outstanding suspension or revocation orders. (B) Subdivision (c)(2)(A) of this section does not apply to: (i) A reinstatement fee ordered under this section, § 5-65-119 , § 5-65-304 , or § 5-65-310 ; or (ii) A fee ordered to reinstate commercial driving privileges. (3) A person may not avail himself or herself of the provisions of subdivision (c)(2) of this section more than one (1) time. (4) Upon notice to the taxpayer of certification of the intent to intercept the taxpayer's state income tax refund under § 26-36-301 et seq., the outstanding fees assessed under this section shall be set off against a taxpayer's state income tax refund. (5) A court may only verify the completion of the requirements under subdivision (c)(2)(A) of this section to the Office of Driver Services for a suspension or revocation that occurred as a result of a conviction or other action taken in that particular court or jurisdiction. (d) As used in this section: (1) "Occurrence" means each separate calendar date when an offense or offenses take place; and (2) "Specialty court program" means a specialty court program as authorized by the Supreme Court under § 16-10-139 .

Legislative History

Amended by Act 2019, No. 992,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 803,§ 5, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 6039, eff. 7/1/2019. Amended by Act 2017, No. 915,§ 2, eff. 9/1/2017, expires 1/15/2019. Amended by Act 2015, No. 1193,§ 2, eff. 1/1/2016. Acts 1995, No. 730, § 1; 2003, No. 1001, § 3; 2005, No. 1992, § 3.