Stricken language would be deleted from and underlined language would be added to present law. Act 989 of the Regular Session Act 989 of the Regular Session *CEB259* 04-09-2025 11:36:18 CEB259 State of Arkansas As Engrossed: S4/3/25 H4/9/25 1 95th General Assembly A Bill 2 Regular Session, 2025 SENATE BILL 575 3 4 By: Senator C. Tucker 5 By: Representative Dalby 6 7 For An Act To Be Entitled 8 AN ACT TO AMEND THE LAW CONCERNING INSTALLMENT FEES 9 COLLECTED IN CIRCUIT AND DISTRICT COURTS; TO AMEND 10 THE LAW CONCERNING DRIVER'S LICENSE REINSTATEMENT 11 FEES; TO CREATE THE JUSTICE SYSTEM FEE TASK FORCE; 12 AND FOR OTHER PURPOSES. 13 14 15 Subtitle 16 TO AMEND THE LAW CONCERNING INSTALLMENT 17 FEES COLLECTED IN CIRCUIT AND DISTRICT 18 COURTS; TO AMEND THE LAW CONCERNING 19 DRIVER'S LICENSE REINSTATEMENT FEES; AND 20 TO CREATE THE JUSTICE SYSTEM TASK FORCE. 21 22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23 24 SECTION 1. Arkansas Code § 5 -65-119(a)(2), as amended by Acts 2025, 25 No. 419, § 50, concerning the distribution of the driver's license 26 reinstatement fee collected by the Office of Driver Services after a 27 suspension for driving or boating while intoxicated or refusal to submit to a 28 chemical test, is amended to read as follows: 29 (2) The fee under subdivision (a)(1) of this section shall be 30 distributed as follows: 31 (A) Seven percent (7%) of the revenues derived from this 32 fee shall be deposited into the State Treasury as special revenues and 33 credited to the Public Health Fund to be used exclusively for the Office of 34 Alcohol Testing of the Department of Health; 35 (B) Thirty-three percent (33%) of the revenues derived 36 As Engrossed: S4/3/25 H4/9/25 SB575 2 04-09-2025 11:36:18 CEB259 from this fee shall be deposited as special revenues into the State Treasury 1 into the Constitutional Officers Fund and the State Central Services Fund as 2 a direct revenue to be used by the Office of Driver Services for use in 3 supporting the administrative driver's licensing revocation and sanctions 4 programs provided for in this subchapter; 5 (C) Ten percent (10%) of the revenues derived from this 6 fee shall be deposited into the State Treasury, and the Treasurer of State 7 shall credit them as general revenues to the various funds in the respective 8 amounts to each and to be used for the purposes as provided in the Revenue 9 Stabilization Law, § 19 -5-101 et seq.; and 10 (D) Fifty percent (50%) of the revenues derived from this 11 fee shall be deposited into the State Treasury as special revenues to the 12 credit of the Division of Arkansas State Police Fund deposited into the State 13 Treasury and the Treasurer of State shall credit the amount as general 14 revenue to the various funds in the respective amounts to each to be used for 15 the purposes provided in the Revenue Stabilization Law, § 19 -5-101 et seq. 16 17 SECTION 2. Arkansas Code § 5 -65-304(d)(3), concerning the driver 18 privilege reinstatement fee collected by the Office of Driver Services after 19 a suspension for underage driving or boating under the influence, is amended 20 to read as follows: 21 (3) Forty percent (40%) of the revenues derived from the fee 22 under this subsection shall be deposited into the State Treasury , as special 23 revenues and credited to the Public Health Fund to be used exclusively for 24 the Blood Alcohol Program of the Department of Health and the Treasurer of 25 State shall credit the amount as general revenue to the various funds in the 26 respective amounts to each to be used for the purposes provided in the 27 Revenue Stabilization Law, § 19 -5-101 et seq. 28 29 SECTION 3. Arkansas Code § 5 -65-310(f)(3), concerning the driving 30 privilege reinstatement fee collected by the Office of Driver Services after 31 a suspension for an underaged person for refusal to submit to a chemical 32 test, is amended to read as follows: 33 (3) Forty percent (40%) of the revenues derived from the fee 34 under this subsection shall be deposited into the State Treasury , as special 35 revenues and credited to the Public Health Fund to be used exclusively for 36 As Engrossed: S4/3/25 H4/9/25 SB575 3 04-09-2025 11:36:18 CEB259 the Blood Alcohol Program of the Department of Health and the Treasurer of 1 State shall credit the amount as general revenue to the various funds in the 2 respective amounts to each to be used for the purposes provided in the 3 Revenue Stabilization Law, § 19 -5-101 et seq. 4 5 SECTION 4. Arkansas Code § 16 -13-704(b)(2)(A)(i), as amended by Acts 6 2025, No. 371, concerning the installment fee collected in circuit court, is 7 amended to read as follows: 8 (2)(A)(i) One-half (½) of the installment fee collected in 9 circuit court shall be remitted by the tenth day of each month to the 10 Administration of Justice Funds Section of the Office of Administrative 11 Services of the Department of Finance and Administration, on a form provided 12 by the Office of Administrative Services, for deposit into the Judicial Fine 13 Collection Enhancement Fund established by § 16 -13-712 into the State 14 Treasury, and the Treasurer of State shall credit that portion of the 15 installment fee as general revenue to the various funds in the respective 16 amounts to each to be used for the purposes provided in the Revenue 17 Stabilization Law, § 19 -5-101 et seq. 18 19 SECTION 5. Arkansas Code § 16 -13-704(b)(3)(A), as amended by Acts 20 2025, No. 371, concerning the installment fee collected in district court, is 21 amended to read as follows: 22 (3)(A) One-half (½) of the installment fee collected in district 23 court shall be remitted by the tenth day of each month to the Administration 24 of Justice Funds Section, on a form provided by that section, for deposit 25 into the Judicial Fine Collection Enhancement Fund established by § 16 -13-712 26 into the State Treasury as general revenue and the Treasurer of State shall 27 credit that portion of the installment fee to the various funds in the 28 respective amounts to each to be used for the purposes provided in the 29 Revenue Stabilization Law, § 19 -5-101 et seq. 30 31 SECTION 6. Arkansas Code § 16 -13-704(b)(3)(E)(ii), as amended by Acts 32 2025, No. 371, concerning the additional installment fee collected in 33 district court, is amended to read as follows: 34 (ii) In district court only, an installment fee of 35 an additional five dollars ($5.00) per month shall also be assessed on the 36 As Engrossed: S4/3/25 H4/9/25 SB575 4 04-09-2025 11:36:18 CEB259 first day of each month on each person who is ordered to pay a fine on an 1 installment basis with the additional five dollars ($5.00) to be remitted by 2 the tenth day of each month to the Administration of Justice Funds Section on 3 a form provided by that section for deposit into the State Administration of 4 Justice Fund into the State Treasury, and the Treasurer of State shall credit 5 the additional installment fee as general revenue to the various funds in the 6 respective amounts to each to be used for the purposes provided in the 7 Revenue Stabilization Law, § 19 -5-101 et seq. 8 9 SECTION 7. Arkansas Code § 19 -6-301(120), concerning the 10 classification of revenue from certain driver's license reinstatement fees as 11 special revenue, is repealed. 12 (120) That portion of driver's license reinstatement fees for 13 the Office of Driver Services, § 5 -65-119(a)(2)(B); 14 15 SECTION 8. Arkansas Code § 19 -6-301(155), concerning the 16 classification of revenue from certain driver's license reinstatement fees as 17 special revenue, is repealed. 18 (155) That portion of driver's license reinstatement fees for 19 the Office of Alcohol Testing, § 5 -65-119(a)(2)(A), § 5-65-304(d), and § 5-20 65-310(f); 21 22 SECTION 9. Arkansas Code § 19 -6-301(218), concerning the 23 classification of revenue from certain driver's license reinstatement fees as 24 special revenue, is repealed. 25 (218) That portion of an operator's driver's license 26 reinstatement fees, § 5 -65-119(a)(2)(D); 27 28 SECTION 10. Arkansas Code § 19 -6-301(219), concerning the 29 classification of revenue from certain driver's license reinstatement fees as 30 special revenue, is repealed. 31 (219) That portion of suspended, revoked, or cancelled driver's 32 license reinstatement fees, § 27 -16-508(c) and § 27-16-808(b)(2); 33 34 SECTION 11. Arkansas Code § 21 -6-416(b) and (c), concerning the court 35 technology fee, as amended by Acts 2025, No. 371, § 13, are amended to read 36 As Engrossed: S4/3/25 H4/9/25 SB575 5 04-09-2025 11:36:18 CEB259 as follows: 1 (b) The court technology fee is as follows: 2 (1) For all civil actions and misdemeanors filed in either the 3 Supreme Court or the Court of Appeals............. $15.00 4 (2) For initiating a cause of action in the civil, domestic 5 relations, or probate division of circuit court, including 6 appeals............. 15.00 7 (3) For initiating a cause of action in the civil or small 8 claims division of district court............. 15.00 9 (4) For all criminal and traffic cases, from each defendant upon 10 24 each conviction, each plea of guilty or nolo contendere, or each bond 11 25 forfeiture............. 15.00 . 12 (c)(1) The fee provided under subdivision (b)(1) of this section 13 collected in the Supreme Court or the Court of Appeals shall be remitted by 14 the Clerk of the Supreme Court on or before the fifteenth day of each month 15 to the Administration of Justice Funds Section on a form provided by the 16 Office of Administrative Services for deposit into the Judicial Fine 17 Collection Enhancement Fund established by § 16 -13-712. 18 (2) The fee provided under subdivisions (b)(2)—(4) (b)(2) and 19 (3) of this section collected in circuit court or district court shall be 20 remitted by the county or city official, agency, or department designated 21 under § 16-13-709 as primarily responsible for the collection of fines 22 assessed in circuit court or district court on or before the fifteenth day of 23 each month to the section, on a form provided by the office, for deposit into 24 the Judicial Fine Collection Enhancement Fund established by § 16 -13-712. 25 26 SECTION 12. Arkansas Code § 27 -16-508(b), concerning the driver's 27 license reinstatement fee collected by the Office of Driver Services, is 28 amended to read as follows: 29 (b) The revenues derived from this fee shall be deposited into the 30 State Treasury, as special revenues to the credit of the Division of Arkansas 31 State Police Fund and the Treasurer of State shall credit these revenues as 32 general revenue to the various funds in the respective amounts to each to be 33 used for the purposes provided in the Revenue Stabilization Law , § 19-5-101 34 et seq. 35 36 As Engrossed: S4/3/25 H4/9/25 SB575 6 04-09-2025 11:36:18 CEB259 SECTION 13. Arkansas Code § 27 -16-808(b), concerning the driver's 1 license reinstatement fee collected by the Office of Driver Services, is 2 amended to read as follows: 3 (b) All proceeds remitted to the Office of Driver Services under this 4 section shall be deposited as follows: 5 (1) Twenty-five percent (25%) to the State Police Retirement 6 Fund; and 7 (2) Seventy-five percent (75%) to the State Treasury as special 8 revenues to the credit of the Division of Arkansas State Police Fund into the 9 State Treasury, and the Treasurer of State shall credit these proceeds as 10 general revenue to the various funds in the respective amounts to each to be 11 used for the purposes provided in the Revenue Stabilization Law, § 19 -5-101 12 et seq. 13 14 SECTION 14. DO NOT CODIFY. TEMPORARY LANGUAGE. Justice System Fee 15 Task Force — Findings — Intent — Creation — Membership — Duties. 16 (a)(1) The General Assembly finds that: 17 (A) The justice system in Arkansas imposes an excessive 18 number of fees on individuals charged with or convicted of crimes or 19 otherwise involved in the justice system; 20 (B) The collective impact of these fees on the individuals 21 they are imposed upon substantially inhibits their ability to move forward 22 with their lives in a constructive manner; 23 (C) Many of the fees in the justice system no longer serve 24 a productive purpose; and 25 (D) Altering the structure of or eliminating many of the 26 fees in the justice system would serve the people of Arkansas by reducing 27 recidivism and therefore improving public safety. 28 (2) It is the intent of the General Assembly to: 29 (A) Implement safe policy changes that will improve the 30 effectiveness of the fees in the justice system in a manner that will: 31 (i) Reduce recidivism; 32 (ii) Lower crime across the state; and 33 (iii) Enhance the ability of individuals charged 34 with or convicted of crimes to turn their lives around; and 35 (B) Establish the Justice System Fee Task Force as a 36 As Engrossed: S4/3/25 H4/9/25 SB575 7 04-09-2025 11:36:18 CEB259 mechanism to study the fees in the justice system and make recommendations to 1 the General Assembly regarding the possible alteration or elimination of 2 those fees. 3 (b)(1) There is created the Justice System Fee Task Force. 4 (2) The task force shall consist of the following thirteen (13) 5 members: 6 (A) Two (2) members appointed by the Governor as follows: 7 (i) One (1) member who is a representative of the 8 Arkansas Public Defender Commission; and 9 (ii) One (1) member who is a prosecuting attorney; 10 (B) Two (2) members of the Senate appointed by the 11 President Pro Tempore of the Senate; 12 (C) Two (2) members of the House of Representatives 13 appointed by the Speaker of the House of Representatives; 14 (D) Two (2) members who are staff members of the 15 Administrative Office of the Courts appointed by the Director of the 16 Administrative Office of the Courts; 17 (E) The Secretary of the Department of Corrections or his 18 or her designee; 19 (F) One (1) circuit court judge appointed by the President 20 of the Judicial Council; 21 (G) One (1) district court judge appointed by the 22 President of the Arkansas District Judges Council, Inc.; 23 (H) One (1) member designated by the Association of 24 Arkansas Counties; and 25 (I) One (1) member designated by the Arkansas Municipal 26 League. 27 (3) If a vacancy occurs on the task force, the vacancy shall be 28 filled by the same process as the original appointment. 29 (4)(A) The Senate members appointed by the President Pro Tempore 30 of the Senate under subdivision (b)(2)(B) of this section shall call the 31 first meeting of the task force no later than August 31, 2025. 32 (B) At the first meeting of the task force, the members of 33 the task force shall elect from their membership a chair and other officers 34 as needed for the transaction of the business of the task force. 35 (C) The task force shall meet at least quarterly and shall 36 As Engrossed: S4/3/25 H4/9/25 SB575 8 04-09-2025 11:36:18 CEB259 meet: 1 (i) At the call of the chair; or 2 (ii) Upon the calling of a meeting by a majority of 3 the members of the task force. 4 (5) The task force shall meet at the State Capitol Building or 5 in the legislative committee rooms in the Multi -Agency Complex on the State 6 Capitol grounds. 7 (6) The task force shall adopt rules and procedures for 8 conducting its business. 9 (7) Six (6) members of the task force shall constitute a quorum 10 for transacting business of the task force. 11 (c) The task force shall study and recommend improvements to the 12 justice system fees in the State of Arkansas. 13 (d) As part of its study under subsection (c) of this section, the 14 task force shall: 15 (1) Conduct a comprehensive analysis of each fee in the Arkansas 16 justice system, including without limitation: 17 (A) The amount of each fee; 18 (B) The purpose of each fee; 19 (C) The amount of revenue generated by each fee; 20 (D) The programs funded by the revenue generated by each 21 fee; and 22 (E) The efficacy of each fee; 23 (2) Examine the effectiveness of current practices of imposing 24 justice system fees on individuals in Arkansas; and 25 (3) Develop recommendations for the General Assembly for 26 improving the system of imposing justice system fees on individuals. 27 (e)(1) On or before December 1, 2026, the task force shall submit its 28 final report to the: 29 (A) Legislative Council; 30 (B) Governor; and 31 (C) Supreme Court. 32 (2) The final report shall include the task force's activities, 33 findings, and recommendations, including without limitation: 34 (A) Recommendations for improving the system of imposing 35 fees on individuals in the justice system; and 36 As Engrossed: S4/3/25 H4/9/25 SB575 9 04-09-2025 11:36:18 CEB259 (B) The funding necessary to accommodate each 1 recommendation made under subdivision (e)(2)(A) of this section. 2 (f) The task force expires on December 31, 2026. 3 4 SECTION 15. EFFECTIVE DATE. Sections 1 through 13 of this act are 5 effective on July 1, 2026. 6 7 /s/C. Tucker 8 9 10 APPROVED: 4/22/25 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35