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27-16-508. Fee for reinstatement — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-16-508. Fee for reinstatement — Definition.
(a)(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:
(A) Orders eligible for reinstatement under § 5-65-119, § 5-65-304, § 5-65-310, or § 27-16-808; and
(B) Orders entered under § 27-16-909.
(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 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:
(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 (a)(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 (a)(2) of this section more than one (1) time.
(4) Upon notice to the taxpayer of certification of the intent to intercept
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-16-508
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:27-16-508
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ac84bba073aac3b566ce31d5e0a3d47143de9086121285b27282e03069e7d35b
Source location: content.xml paragraph 5831
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27-16-508. Fee for reinstatement — Definition.
(a)(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:
(A) Orders eligible for reinstatement under § 5-65-119, § 5-65-304, § 5-65-310, or § 27-16-808; and
(B) Orders entered under § 27-16-909.
(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 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:
(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 (a)(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 (a)(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 (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.
(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.
(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.
(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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Arkansas Code — all titles (historical 2020) · legal_authorities
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 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 to suspend the driving privileges of the person; or
(B) The office's 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 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 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 sus
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-16-808
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-16-808. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-65-119. Distribution of fee.
(a)(1) The Office of Driver Services shall charge a fee to be calculated under subsection (b) of this section for reinstating a driving privilege suspended or revoked because of an arrest for violating § 5-65-103 or § 5-65-205.
(2) The fee under subdivision (a)(1) of this section shall be distributed as follows:
(A) Seven percent (7%) of the revenues derived from this fee shall be deposited into the State Treasury as special revenues and credited to the Public Health Fund to be used exclusively for the Office of Alcohol Testing of the Department of Health;
(B) Thirty-three percent (33%) of the revenues derived from this fee shall be deposited as special revenues into the State Treasury into the Constitutional Officers Fund and the State Central Services Fund as a direct revenue to be used by the Office of Driver Services for use in supporting the administrative driver's licensing revocation and sanctions programs provided for in this subchapter;
(C) Ten percent (10%) of the revenues derived from this fee shall be deposited into the State Treasury, and the Treasurer of State shall credit them as general revenues to the various funds in the respective amounts to each and to be used for the purposes as provided in the Revenue Stabilization Law, § 19-5-101 et seq.; and
(D) Fifty percent (50%) of 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) 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 that are owed by a taxpayer shall be setoff against the taxpayer's state income tax refund.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-119
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-65-119. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-65-304. Seizure, suspension, and revocation of license — Temporary permits.
(a) At the time of arrest for violating § 5-65-303, the arresting law enforcement officer shall seize the underage person's motor vehicle operator's license, permit, or other evidence of driving privilege and issue to the underage person a temporary driving permit as provided by § 5-65-402.
(b)(1) As provided by § 5-65-402, the Office of Driver Services shall:
(A) Suspend or revoke the driving privileges of the arrested underage person; and
(B) Provide the arrested underage person the right to hearing and judicial review.
(2) The office shall suspend or revoke the underage person's driving privilege for violating § 5-65-303 as follows:
(A) Suspend the driving privilege for ninety (90) days for a first offense;
(B) Suspend the driving privilege for one (1) year for a second offense occurring while the person is underage; and
(C)(i) Revoke the driving privilege for a third or subsequent offense occurring while the person is underage.
(ii) A revocation issued under this subdivision (b)(2)(C) continues until the underage person reaches twenty-one (21) years of age or for a period of three (3) years, whichever is longer.
(c) Either of the following are considered a previous offense by the office under this section:
(1) A conviction for violating § 5-65-103 or § 5-65-303; and
(2) A suspension or revocation of driving privileges for an arrest for a violation of § 5-65-103 or § 5-65-303 when the person was not subsequently acquitted of the criminal charge.
(d)(1)(A) A driving privilege that is suspended under this section may be reinstated by the office upon payment of a fee of twenty-five dollars ($25.00) for each occurrence of an offense that resulted in an order of adminis
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-304
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-65-304. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-65-310. Refusal to submit to a chemical test.
(a)(1) If an underage person under arrest refuses upon the request of a law enforcement officer to submit to a chemical test designated by the law enforcement agency as provided for in § 5-65-309:
(A) A chemical test shall not be given;
(B) The underage person's driver's license, driver's permit, or other evidence of driving privilege shall be seized by the law enforcement officer; and
(C) The law enforcement officer shall immediately deliver to the underage person from whom the driver's license, driver's permit, or other evidence of driving privilege was seized a temporary driving permit, as provided by § 5-65-402.
(2) Refusal to submit to a chemical test under this subsection is a strict liability offense and is a violation.
(b)(1) The Office of Driver Services shall suspend or revoke the driving privileges of an arrested underage person who refuses to submit to a chemical test under this subchapter as follows:
(A) Suspension for ninety (90) days for a first offense;
(B) Suspension for one (1) year for a second offense; and
(C) Revocation for a third or subsequent offense.
(2) A revocation issued under this subsection continues until the underage person reaches twenty-one (21) years of age or for a period of three (3) years, whichever is longer.
(c) In order to determine the number of previous offenses to consider when suspending or revoking the arrested underage person's driving privileges, the office shall consider as a previous offense:
(1) A conviction for violating § 5-65-310; and
(2) A suspension or revocation of driving privileges for an arrest for a violation of § 5-65-310 when the person was not subsequently acquitted of the criminal charge.
(d) The office shall deny the issuance of a
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-310
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-65-310. This identifies an authority to review, not proof of applicability.