Ark. Code Ann. § 27-16-808 (2026)

1. 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.
2. 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.
3. 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:
      1. A court order directing the office to suspend the driving privileges of the person; or
      2. The office's entering a suspension order.
   2. 1. 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:
         1. Paid all other court costs, fines, and fees associated with the criminal offense that led to his or her driver's license suspension;
         2. Graduated from a specialty court program; and
         3. Provided the sentencing court with a reinstatement letter from the Department of Finance and Administration showing all outstanding suspension or revocation orders.
      2. Subdivision (c)(2)(A) of this section does not apply to:
         1. A reinstatement fee ordered under this section, § 5-65-119, § 5-65-304, or § 5-65-310; or
         2. 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 for a suspension or revocation that occurred as a result of a conviction or other action taken in that particular court or jurisdiction.
4. 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.

History. Acts 1995, No. 730, § 1; 2003, No. 1001, § 3; 2005, No. 1992, § 3; 2015, No. 1193, § 3; 2017, No. 915, § 3; 2019, No. 803, § 5; 2019, No. 910, § 6039; 2019, No. 992, § 2.

A.C.R.C. Notes. Acts 2015, No. 1193, § 4, provided: “Report required.

“(a) The Department of Finance and Administration shall prepare a report concerning this act that includes the following information:

“(1) The number of eligible participants;

“(2) The number of participants who were reinstated under this act; and

“(3) The dollar amount paid and the dollar amount written off during the time the act is effective.

“(b) The department shall submit the report under subsection (a) of this section to the Legislative Council and the Director of the Department of Arkansas State Police by October 1, 2016.”

Acts 2017, No. 915, § 4, provided: “Report required.

“(a) The Department of Finance and Administration shall prepare an annual report concerning this act that includes the following information:

“(1) The number of eligible participants;

“(2) The number of participants who were reinstated under this act; and

“(3) The dollar amount paid and the dollar amount written off during the time this act is effective.

“(b) The Department of Finance and Administration shall submit the report under subsection (a) of this section to the Legislative Council and the Director of the Department of Arkansas State Police by October 1 of each year while the act is in effect.”

Acts 2019, No. 992, § 3, provided: “Report required.

“(a) The Department of Finance and Administration shall prepare an annual report concerning this act that includes the following information:

“(1) The number of eligible participants;

“(2) The number of participants who were reinstated under this act; and

“(3) The dollar amount paid and the dollar amount written off during the time this act is effective.

“(b) The Department of Finance and Administration shall submit the report under subsection (a) of this section to the Legislative Council and the Director of the Department of Arkansas State Police by October 1 of each year”.

The amendment of this section by Acts 2019, No. 992, supersedes the amendment by Acts 2019, No. 803. Acts 2019, No. 803, amended the version of § 27-15-808(c) effective after January 15, 2019, to insert a new subdivision (c)(3) and redesignate former (c)(3) as (d), as follows:

“(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) 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 § 27-16-508.

“(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.

“(d) As used in this section, ‘occurrence’ means each separate calendar date when an offense or offenses take place.”

Amendments. The 2015 amendment redesignated former (c)(1) through (c)(3) as present (c)(1)(A) through (c)(1)(C); and added present (c)(2) through (c)(4).

The 2017 amendment redesignated former (c)(1) and (2) as (c)(1)(A) and (B); added present (c)(2) through (c)(4); redesignated former (c)(3) as the introductory language of (d) and (d)(1); and added (d)(2).

The 2019 amendment by No. 803 inserted (c)(3) and redesignated former (c)(3) as (d).

The 2019 amendment by No. 910 substituted “Division of Arkansas State Police Fund” for “Department of Arkansas State Police Fund” in (b)(2).

The 2019 amendment by No. 992 added “Definitions” in the section heading; substituted “under this section” for “pursuant to the provisions of this section” in the introductory language of (b); deleted former (c)(2) and (c)(3); and added present (c)(2) through (c)(5) and (d).

Effective Dates. Acts 2015, No. 1193, § 3: Jan. 1, 2016, until June 30, 2016.

Acts 2017, No. 915, § 3: Sept. 1, 2017, until Jan. 15, 2019.