Full Text of SB0611 94th General Assembly
SB0611enr 94TH GENERAL ASSEMBLY
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SB0611 Enrolled |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Counties Code is amended by changing | 5 |
| Sections 4-12001 and 4-12001.1 as follows:
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| (55 ILCS 5/4-12001) (from Ch. 34, par. 4-12001)
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| Sec. 4-12001. Fees of sheriff in third class counties. The | 8 |
| officers herein named, in counties of the third class,
shall be | 9 |
| entitled to receive the fees herein specified, for the services
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| mentioned and such other fees as may be provided by law for | 11 |
| such other
services not herein designated.
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| Fees for Sheriff
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| For serving or attempting to serve any summons on each | 14 |
| defendant, $35
$15 .
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| For serving or attempting to serve each alias summons or | 16 |
| other process
mileage will be charged as hereinafter provided | 17 |
| when the address for
service differs from the address for | 18 |
| service on the original summons or
other process.
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| For serving or attempting to serve all other process, on | 20 |
| each defendant, $35
$15 .
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| For serving or attempting to serve a subpoena on each | 22 |
| witness, $35
$25 .
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| For serving or attempting to serve each warrant, $35
$15 .
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| For serving or attempting to serve each garnishee, $35
$15 .
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| For summoning each juror, $10.
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| For serving or attempting to serve each order or judgment | 27 |
| for replevin, $35
$15 .
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| For serving or attempting to serve an order for attachment, | 29 |
| on each
defendant, $35
$15 .
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| For serving or attempting to serve an order or judgment for | 31 |
| the
possession of real estate in an action of ejectment or in | 32 |
| any other action,
or for restitution in an action of forcible |
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LRB094 10667 LJB 41028 b |
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| entry and detainer, without
aid, $35
$15 , and when aid is | 2 |
| necessary, the sheriff shall be allowed to tax in
addition the | 3 |
| actual costs thereof.
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| For serving or attempting to serve notice of judgment, $35
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| $15 .
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| For levying to satisfy an order in an action for | 7 |
| attachment, $25
$15 .
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| For executing order of court to seize personal property, | 9 |
| $25
$15 .
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| For making certificate of levy on real estate and filing or | 11 |
| recording
same, $8, and the fee for filing or recording shall | 12 |
| be advanced by the
plaintiff in attachment or by the judgment | 13 |
| creditor and taxed as costs.
For taking possession of or | 14 |
| removing property levied on, the sheriff
shall be allowed to | 15 |
| tax the necessary actual costs of such possession or
removal.
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| For advertising property for sale, $20
$8 .
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| For making certificate of sale and making and filing | 18 |
| duplicate for
record, $15
$8 , and the fee for recording same | 19 |
| shall be advanced by the
judgment creditor and taxed as costs.
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| For preparing, executing and acknowledging deed on | 21 |
| redemption from a
court sale of real estate, $15; for | 22 |
| preparing, executing and
acknowledging all other deeds on sale | 23 |
| of real estate, $10.
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| For making and filing certificate of redemption, $15
$9 , | 25 |
| and the fee
for recording same shall be advanced by party | 26 |
| making the redemption and
taxed as costs.
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| For making and filing certificate of redemption from a | 28 |
| court sale,
$11, and the fee for recording same shall be | 29 |
| advanced by the party
making the redemption and taxed as costs.
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| For taking all bonds on legal process, $10
$5 .
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| For taking special bail, $5.
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| For returning each process, $15
$8 .
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| Mileage for service or attempted service of all process is | 34 |
| a $10 flat fee , 20˘ per mile
each way necessarily traveled in | 35 |
| making or attempting to make such service
computed from the | 36 |
| place of holding court .
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LRB094 10667 LJB 41028 b |
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| For attending before a court with a prisoner on an order | 2 |
| for habeas
corpus, $9 per day.
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| For executing requisitions from other States, $13.
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| For conveying each prisoner from the prisoner's county to | 5 |
| the jail of
another county, per mile for going only, 25˘.
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| For committing to or discharging each prisoner from jail, | 7 |
| $3.
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| For feeding each prisoner, such compensation to cover | 9 |
| actual costs as
may be fixed by the county board, but such | 10 |
| compensation shall not be
considered a part of the fees of the | 11 |
| office.
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| For committing each prisoner to jail under the laws of the | 13 |
| United
States, to be paid by the marshal or other person | 14 |
| requiring his
confinement, $3.
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| For feeding such prisoners per day, $3, to be paid by the | 16 |
| marshal or
other person requiring the prisoner's confinement.
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| For discharging such prisoners, $3.
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| For conveying persons to the penitentiary, reformatories, | 19 |
| Illinois
State Training School for Boys, Illinois State | 20 |
| Training School for
Girls, Reception Centers and Illinois | 21 |
| Security Hospital, the following
fees, payable out of the State | 22 |
| Treasury. When one person is conveyed,
20˘ per mile in going to | 23 |
| the penitentiary, reformatories, Illinois State
Training | 24 |
| School for Boys, Illinois State Training School for Girls,
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| Reception Centers and Illinois Security Hospital from the place | 26 |
| of
conviction; when 2 persons are conveyed at the same time, | 27 |
| 20˘ per mile
for the first and 15˘ per mile for the second | 28 |
| person; when more than 2
persons are conveyed at the same time | 29 |
| as Stated above, the sheriff shall
be allowed 20˘ per mile for | 30 |
| the first, 15˘ per mile
for the second and
10˘ per mile for | 31 |
| each additional person.
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| The fees provided for herein for transporting persons to | 33 |
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penitentiary, reformatories, Illinois State Training | 34 |
| School for Boys,
Illinois State Training School for Girls, | 35 |
| Reception Centers and Illinois
Security Hospital, shall be paid | 36 |
| for each trip so made. Mileage as used
in this Section means |
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LRB094 10667 LJB 41028 b |
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| the shortest route on a hard surfaced road,
(either State Bond | 2 |
| Issue Route or Federal highways) or railroad,
whichever is | 3 |
| shorter, between the place from which the person is to be
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| transported, to the penitentiary, reformatories, Illinois | 5 |
| State Training
School for Boys, Illinois State Training School | 6 |
| for Girls, Reception
Centers and Illinois Security Hospital, | 7 |
| and all fees per mile shall be
computed on such basis.
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| In addition to the above fees, there shall be allowed to | 9 |
| the sheriff
a fee of $900 for the sale of real estate which | 10 |
| shall be made by virtue
of any judgment of a court. In addition | 11 |
| to this fee and all other fees
provided by this Section, there | 12 |
| shall be allowed to the sheriff a fee in
accordance with the | 13 |
| following schedule for the sale of personal estate
which is | 14 |
| made by virtue of any judgment of a
court:
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| For judgments up to $1,000, $100
$85 ;
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| For judgments over $1,000 to $15,000, $300
$175 ;
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| For judgments over $15,000, $500
$400 .
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| In all cases where the judgment is settled by the parties, | 19 |
| replevied,
stopped by injunction or paid, or where the property | 20 |
| levied upon is not
actually sold, the sheriff shall be allowed | 21 |
| the fee for levying and
mileage, together with half the fee for | 22 |
| all money collected by him or
her which he or she would be | 23 |
| entitled to if the same were made by sale
in the enforcement of | 24 |
| a judgment. In no case shall the fee exceed the
amount of money | 25 |
| arising from the sale.
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| The fee requirements of this Section do not apply to police | 27 |
| departments
or other law enforcement agencies. For the purposes | 28 |
| of this Section, "law
enforcement agency" means an agency of | 29 |
| the State or unit of local government
which is vested by law or | 30 |
| ordinance with the duty to maintain public order
and to enforce | 31 |
| criminal laws or ordinances.
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| The fee requirements of this Section do not apply to units | 33 |
| of local
government or school districts.
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| (Source: P.A. 86-962; 87-669; 87-670.)
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| (55 ILCS 5/4-12001.1) (from Ch. 34, par. 4-12001.1)
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SB0611 Enrolled |
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LRB094 10667 LJB 41028 b |
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| Sec. 4-12001.1. Fees of sheriff in third class counties; | 2 |
| local
governments and school districts. The officers herein | 3 |
| named, in counties of
the third class, shall be entitled to | 4 |
| receive the fees herein specified
from all units of local | 5 |
| governments and school districts, for the services
mentioned | 6 |
| and such other fees as may be provided by law for such other
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| services not herein designated.
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| Fees for Sheriff
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| For serving or attempting to serve any summons on each | 10 |
| defendant, $25
$10 .
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| For serving or attempting to serve each alias summons or | 12 |
| other process
mileage will be charged as hereinafter provided | 13 |
| when the address for
service differs from the address for | 14 |
| service on the original summons or
other process.
| 15 |
| For serving or attempting to serve all other process, on | 16 |
| each defendant, $25
$10 .
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| For serving or attempting to serve a subpoena on each | 18 |
| witness, $25
$10 .
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| For serving or attempting to serve each warrant, $25
$10 .
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| For serving or attempting to serve each garnishee, $25
$10 .
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| For summoning each juror, $4.
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| For serving or attempting to serve each order or judgment | 23 |
| for replevin, $25
$10 .
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| For serving or attempting to serve an order for attachment, | 25 |
| on each
defendant, $25
$10 .
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| For serving or attempting to serve an order or judgment for | 27 |
| the
possession of real estate in an action of ejectment or in | 28 |
| any other action,
or for restitution in an action of forcible | 29 |
| entry and detainer, without
aid, $9, and when aid is necessary, | 30 |
| the sheriff shall be allowed to tax in
addition the actual | 31 |
| costs thereof.
| 32 |
| For serving or attempting to serve notice of judgment, $25
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| $10 .
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| For levying to satisfy an order in an action for | 35 |
| attachment, $25
$10 .
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| For executing order of court to seize personal property, |
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SB0611 Enrolled |
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LRB094 10667 LJB 41028 b |
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| $25
$10 .
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| For making certificate of levy on real estate and filing or | 3 |
| recording
same, $3, and the fee for filing or recording shall | 4 |
| be advanced by the
plaintiff in attachment or by the judgment | 5 |
| creditor and taxed as costs.
For taking possession of or | 6 |
| removing property levied on, the sheriff
shall be allowed to | 7 |
| tax the necessary actual costs of such possession or
removal.
| 8 |
| For advertising property for sale, $3.
| 9 |
| For making certificate of sale and making and filing | 10 |
| duplicate for
record, $3, and the fee for recording same shall | 11 |
| be advanced by the
judgment creditor and taxed as costs.
| 12 |
| For preparing, executing and acknowledging deed on | 13 |
| redemption from a
court sale of real estate, $6; for preparing, | 14 |
| executing and
acknowledging all other deeds on sale of real | 15 |
| estate, $4.
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| For making and filing certificate of redemption, $3.50, and | 17 |
| the fee
for recording same shall be advanced by party making | 18 |
| the redemption and
taxed as costs.
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| For making and filing certificate of redemption from a | 20 |
| court sale,
$4.50, and the fee for recording same shall be | 21 |
| advanced by the party
making the redemption and taxed as costs.
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| For taking all bonds on legal process, $2.
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| For taking special bail, $2.
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| For returning each process, $5.
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| Mileage for service or attempted service of all process is | 26 |
| a $10 flat fee , 16˘ per mile
each way necessarily traveled in | 27 |
| making or attempting to make such service
computed from the | 28 |
| place of holding court .
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| For attending before a court with a prisoner on an order | 30 |
| for habeas
corpus, $3.50 per day.
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| For executing requisitions from other States, $5.
| 32 |
| For conveying each prisoner from the prisoner's county to | 33 |
| the jail of
another county, per mile for going only, 25˘.
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| For committing to or discharging each prisoner from jail, | 35 |
| $1.
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| For feeding each prisoner, such compensation to cover |
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SB0611 Enrolled |
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LRB094 10667 LJB 41028 b |
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| 1 |
| actual costs as
may be fixed by the county board, but such | 2 |
| compensation shall not be
considered a part of the fees of the | 3 |
| office.
| 4 |
| For committing each prisoner to jail under the laws of the | 5 |
| United
States, to be paid by the marshal or other person | 6 |
| requiring his
confinement, $1.
| 7 |
| For feeding such prisoners per day, $1, to be paid by the | 8 |
| marshal or
other person requiring the prisoner's confinement.
| 9 |
| For discharging such prisoners, $1.
| 10 |
| For conveying persons to the penitentiary, reformatories, | 11 |
| Illinois
State Training School for Boys, Illinois State | 12 |
| Training School for
Girls, Reception Centers and Illinois | 13 |
| Security Hospital, the following
fees, payable out of the State | 14 |
| Treasury. When one person is conveyed,
15˘ per mile in going to | 15 |
| the penitentiary, reformatories, Illinois State
Training | 16 |
| School for Boys, Illinois State Training School for Girls,
| 17 |
| Reception Centers and Illinois Security Hospital from the place | 18 |
| of
conviction; when 2 persons are conveyed at the same time, | 19 |
| 15˘ per mile
for the first and 10˘ per mile for the second | 20 |
| person; when more than 2
persons are conveyed at the same time | 21 |
| as stated above, the sheriff shall
be allowed 15˘ per mile for | 22 |
| the first, 10˘ per mile for the second and
5˘ per mile for each | 23 |
| additional person.
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| The fees provided for herein for transporting persons to | 25 |
| the
penitentiary, reformatories, Illinois State Training | 26 |
| School for Boys,
Illinois State Training School for Girls, | 27 |
| Reception Centers and Illinois
Security Hospital, shall be paid | 28 |
| for each trip so made. Mileage as used
in this Section means | 29 |
| the shortest route on a hard surfaced road,
(either State Bond | 30 |
| Issue Route or Federal highways) or railroad,
whichever is | 31 |
| shorter, between the place from which the person is to be
| 32 |
| transported, to the penitentiary, reformatories, Illinois | 33 |
| State Training
School for Boys, Illinois State Training School | 34 |
| for Girls, Reception
Centers and Illinois Security Hospital, | 35 |
| and all fees per mile shall be
computed on such basis.
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| In addition to the above fees, there shall be allowed to |
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SB0611 Enrolled |
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LRB094 10667 LJB 41028 b |
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| the sheriff
a fee of $600 for the sale of real estate which | 2 |
| shall be made by virtue
of any judgment of a court. In addition | 3 |
| to this fee and all other fees
provided by this Section, there | 4 |
| shall be allowed to the sheriff a fee in
accordance with the | 5 |
| following schedule for the sale of personal estate
which is | 6 |
| made by virtue of any judgment of a
court:
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| For judgments up to $1,000, $90
$75 ;
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| For judgments over $1,000 to $15,000, $275
$150 ;
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| For judgments over $15,000, $400
$300 .
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| In all cases where the judgment is settled by the parties, | 11 |
| replevied,
stopped by injunction or paid, or where the property | 12 |
| levied upon is not
actually sold, the sheriff shall be allowed | 13 |
| the fee for levying and
mileage, together with half the fee for | 14 |
| all money collected by him or
her which he or she would be | 15 |
| entitled to if the same were made by sale
in the enforcement of | 16 |
| a judgment. In no case shall the fee exceed the
amount of money | 17 |
| arising from the sale. | 18 |
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All fees collected under Sections 4-12001 and 4-12001.1 | 19 |
| must be used for public safety purposes only.
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| (Source: P.A. 87-670.)
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