Illinois Compiled Statutes 30 ILCS 105/6z-20.2 – The Local Government Aviation Trust Fund
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(a) The Local Government Aviation Trust Fund is created as a trust fund in the State Treasury. Moneys in the Trust Fund shall be used by units of local government for airport-related purposes.
(b) As used in this Section, “airport-related purposes” means the capital or operating costs of: (1) an airport; (2) a local airport system; or (3) any other local facility that is owned or operated by the person or entity that owns or operates the airport that is directly and substantially related to the air transportation of passengers or property as provided in 49 U.S.C. § 47133, including (i) the replacement of sound-reducing windows and doors installed under the Residential Sound Insulation Program and (ii) in-home air quality testing in residences in which windows or doors were installed under the Residential Sound Insulation Program.
(c) Moneys in the Trust Fund are not subject to appropriation and shall be used solely as provided in this Section. All deposits into the Trust Fund shall be held in the Trust Fund by the State Treasurer, ex officio, as trustee separate and apart from all public moneys or funds of this State.
(d) On or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to named units of local government, the units of local government to be those from which retailers or servicemen have paid tax or penalties to the Department during the second preceding calendar month on sales of aviation fuel. The amount to be paid to each unit of local government shall be the amount (not including credit memoranda) collected during the second preceding calendar month by the Department and paid into the Local Government Aviation Trust Fund, plus an amount the Department determines is necessary to offset any amounts which were erroneously paid to a different taxing body, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department, and not including any amount which the Department determines is necessary to offset any amounts which are payable to a different taxing body but were erroneously paid to the unit of local government. Within 10 days after receipt by the Comptroller of the certification for disbursement to the units of local government, provided for in this Section to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with the directions contained in the certification.
When certifying the amount of the monthly disbursement to a unit of local government under this Section, the Department shall increase or decrease that amount by an amount necessary to offset any misallocation of previous disbursements. The offset amount shall be the amount erroneously disbursed within the 6 months preceding the time a misallocation is discovered.
(b) As used in this Section, “airport-related purposes” means the capital or operating costs of: (1) an airport; (2) a local airport system; or (3) any other local facility that is owned or operated by the person or entity that owns or operates the airport that is directly and substantially related to the air transportation of passengers or property as provided in 49 U.S.C. § 47133, including (i) the replacement of sound-reducing windows and doors installed under the Residential Sound Insulation Program and (ii) in-home air quality testing in residences in which windows or doors were installed under the Residential Sound Insulation Program.
Terms Used In Illinois Compiled Statutes 30 ILCS 105/6z-20.2
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Ex officio: Literally, by virtue of one's office.
- Month: means a calendar month, and the word "year" a calendar year unless otherwise expressed; and the word "year" alone, is equivalent to the expression "year of our Lord. See Illinois Compiled Statutes 5 ILCS 70/1.10
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
- Trustee: A person or institution holding and administering property in trust.
- Units of local government: has the meaning established in Section 1 of Article VII of the Constitution of the State of Illinois of 1970. See Illinois Compiled Statutes 5 ILCS 70/1.28
(c) Moneys in the Trust Fund are not subject to appropriation and shall be used solely as provided in this Section. All deposits into the Trust Fund shall be held in the Trust Fund by the State Treasurer, ex officio, as trustee separate and apart from all public moneys or funds of this State.
(d) On or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to named units of local government, the units of local government to be those from which retailers or servicemen have paid tax or penalties to the Department during the second preceding calendar month on sales of aviation fuel. The amount to be paid to each unit of local government shall be the amount (not including credit memoranda) collected during the second preceding calendar month by the Department and paid into the Local Government Aviation Trust Fund, plus an amount the Department determines is necessary to offset any amounts which were erroneously paid to a different taxing body, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department, and not including any amount which the Department determines is necessary to offset any amounts which are payable to a different taxing body but were erroneously paid to the unit of local government. Within 10 days after receipt by the Comptroller of the certification for disbursement to the units of local government, provided for in this Section to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with the directions contained in the certification.
When certifying the amount of the monthly disbursement to a unit of local government under this Section, the Department shall increase or decrease that amount by an amount necessary to offset any misallocation of previous disbursements. The offset amount shall be the amount erroneously disbursed within the 6 months preceding the time a misallocation is discovered.