Fee for reinstatement — Definition

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  1. (a)

    1. (1) The Office of Driver Services of the Department of Finance and Administration shall collect a reinstatement fee of one hundred dollars ($100) to be multiplied by the number of administrative orders to suspend, revoke, or cancel a driver's license, other than:

      1. (A) Orders eligible for reinstatement under § 5-65-119, § 5-65-304, § 5-65-310, or § 27-16-808; and

      2. (B) Orders entered under § 27-16-909.

    2. (2)

      1. (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 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 § 27-16-808 or subdivision (a)(1) of this section if a district court or circuit court verifies to the office that the person has:

        1. (i) Paid all other court costs, fines, and fees associated with the criminal offense that led to his or her driver's license suspension;

        2. (ii) Graduated from a specialty court program; and

        3. (iii) Provided the sentencing court with a reinstatement letter from the Department of Finance and Administration showing all outstanding suspension or revocation orders.

      2. (B) Subdivision (a)(2)(A) of this section does not apply to:

        1. (i) A reinstatement fee ordered under this section, § 5-65-119, § 5-65-304, or § 5-65-310; or

        2. (ii) A fee ordered to reinstate commercial driving privileges.

    3. (3) A person may not avail himself or herself of the provisions of subdivision (a)(2) of this section more than one (1) time.

    4. (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. (5) A court may only verify the completion of the requirements under subdivision (a)(2)(A) of this section to the office for a suspension or revocation that occurred as a result of a conviction or other action taken in that particular court or jurisdiction.

  2. (b) The revenues derived from this fee shall be deposited into the State Treasury as special revenues to the credit of the Division of Arkansas State Police Fund.

  3. (c) The fee under this section is supplemental to and in addition to any fee imposed under § 5-65-119, § 5-65-304, § 5-65-310, or § 27-16-808.

  4. (d) As used in this section, “specialty court program” means a specialty court program as authorized by the Supreme Court under § 16-10-139.


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