(220 ILCS 5/2-202)
(from Ch. 111 2/3, par. 2-202)
Policy; Public Utility Fund; tax.
(a) It is declared to be the public policy of this State that
in order to maintain and foster the effective regulation of public
utilities under this Act in the interests of the People of the State of
Illinois and the public utilities as well, the public utilities subject
to regulation under this Act and which enjoy the privilege of operating
as public utilities in this State, shall bear the expense of
administering this Act by means of a tax on such privilege measured by the
annual gross revenue of such public utilities in the manner provided in
this Section. For purposes of this Section, "expense of
administering this Act" includes any costs incident to studies, whether
made by the Commission or under contract entered into by the Commission,
concerning environmental pollution problems caused or contributed to by
public utilities and the means for eliminating or abating those
problems. Such proceeds shall be deposited in the Public Utility Fund in
the State treasury.
(b) All of the ordinary and contingent expenses of the
Commission incident to the administration of this Act shall be paid out
of the Public Utility Fund except the compensation of the members of the
Commission which shall be paid from the General Revenue Fund.
Notwithstanding other provisions of this Act to the contrary, the
ordinary and contingent expenses of the Commission incident to the
administration of the Illinois Commercial Transportation Law may be paid
from appropriations from the Public Utility Fund through the end of fiscal
(c) A tax is imposed upon each public utility subject to the
provisions of this Act equal to .08% of its gross revenue for each
calendar year commencing with the calendar year beginning January 1, 1982,
except that the Commission may, by rule, establish a different rate no
greater than 0.1%.
For purposes of this Section, "gross revenue" shall not include
revenue from the production, transmission, distribution, sale,
delivery, or furnishing of electricity.
"Gross revenue" shall not include amounts paid by telecommunications retailers
under the Telecommunications Infrastructure Maintenance Fee Act.
(d) Annual gross revenue returns shall be filed in accordance with
paragraph (1) or (2) of this subsection (d).
(1) Except as provided in paragraph (2) of this
subsection (d), on or before January 10 of each year each public utility subject to the provisions of this Act shall file with the Commission an estimated annual gross revenue return containing an estimate of the amount of its gross revenue for the calendar year commencing January 1 of said year and a statement of the amount of tax due for said calendar year on the basis of that estimate. Public utilities may also file revised returns containing updated estimates and updated amounts of tax due during the calendar year. These revised returns, if filed, shall form the basis for quarterly payments due during the remainder of the calendar year. In addition, on or before March 31 of each year, each public utility shall file an amended return showing the actual amount of gross revenues shown by the company's books and records as of December 31 of the previous year. Forms and instructions for such estimated, revised, and amended returns shall be devised and supplied by the Commission.
(2) Beginning with returns due after January 1, 2002,
the requirements of paragraph (1) of this subsection (d) shall not apply to any public utility in any calendar year for which the total tax the public utility owes under this Section is less than $10,000. For such public utilities with respect to such years, the public utility shall file with the Commission, on or before March 31 of the following year, an annual gross revenue return for the year and a statement of the amount of tax due for that year on the basis of such a return. Forms and instructions for such returns and corrected returns shall be devised and supplied by the Commission.
(e) All returns submitted to the Commission by a public utility as
provided in this subsection (e) or subsection (d) of this Section shall contain
or be verified by a written declaration by an appropriate officer of the public
utility that the return is made under the penalties of perjury. The Commission
may audit each such return submitted and may, under the provisions of Section
5-101 of this Act, take such measures as are necessary to ascertain the
correctness of the returns submitted. The Commission has the power to direct
the filing of a corrected return by any utility which has filed an incorrect
return and to direct the filing of a return by any utility which has failed to
submit a return. A taxpayer's signing a fraudulent return under this Section
is perjury, as defined in Section 32-2 of the Criminal Code of 2012.
(f) (1) For all public utilities subject to paragraph (1) of
subsection (d), at least one quarter of the annual amount of tax due
under subsection (c) shall be paid to the Commission on or before the tenth day
of January, April, July, and October of the calendar year subject to tax. In
the event that an adjustment in the amount of tax due should be necessary as a
result of the filing of an amended or corrected return under subsection (d) or
subsection (e) of this Section, the amount of any deficiency shall be paid by
the public utility together with the amended or corrected return and the amount
of any excess shall, after the filing of a claim for credit by the public
utility, be returned to the public utility in the form of a credit memorandum
in the amount of such excess or be refunded to the public utility in accordance
with the provisions of subsection (k) of this Section. However, if such
deficiency or excess is less than $1, then the public utility need not pay the
deficiency and may not claim a credit.
(2) Any public utility subject to paragraph (2) of subsection (d)
shall pay the amount of tax due under subsection (c) on or before March
31 next following the end of the calendar year subject to tax. In the
event that an adjustment in the amount of tax due should be necessary as a
result of the filing of a corrected return under subsection (e), the amount
of any deficiency shall be paid by the public utility at the time the
corrected return is filed. Any excess tax payment by the public utility shall
be returned to it after the filing of a claim for credit, in the form of a
credit memorandum in the amount of the excess. However, if such deficiency or
excess is less than $1, the public utility need not pay the deficiency and may
not claim a credit.
(g) Each installment or required payment of the tax imposed by
subsection (c) becomes delinquent at midnight of the date that it is due.
Failure to make a payment as required by this Section shall result in the
imposition of a late payment penalty, an underestimation penalty, or both,
as provided by this subsection. The late payment penalty shall be the
(1) $25 for each month or portion of a month that the
installment or required payment is unpaid or
(2) an amount equal to the difference between what
should have been paid on the due date, based upon the most recently filed estimated, annual, or amended return, and what was actually paid, times 1%, for each month or portion of a month that the installment or required payment goes unpaid. This penalty may be assessed as soon as the installment or required payment becomes delinquent.
The underestimation penalty shall apply to those public utilities
subject to paragraph (1) of subsection (d) and shall be calculated after
the filing of the amended return. It shall be imposed if the amount actually
paid on any of the dates specified in subsection (f) is not equal to at least
one-fourth of the amount actually due for the year, and shall equal the greater
(1) $25 for each month or portion of a month that the
(2) an amount equal to the difference between what
should have been paid, based on the amended return, and what was actually paid as of the date specified in subsection (f), times a percentage equal to 1/12 of the sum of 10% and the percentage most recently established by the Commission for interest to be paid on customer deposits under 83 Ill. Adm. Code 280.70(e)(1), for each month or portion of a month that the amount due goes unpaid, except that no underestimation penalty shall be assessed if the amount actually paid on or before each of the dates specified in subsection (f) was based on an estimate of gross revenues at least equal to the actual gross revenues for the previous year. The Commission may enforce the collection of any delinquent installment or payment, or portion thereof by legal action or in any other manner by which the collection of debts due the State of Illinois may be enforced under the laws of this State. The executive director or his designee may excuse the payment of an assessed penalty or a portion of an assessed penalty if he determines that enforced collection of the penalty as assessed would be unjust.
(h) All sums collected by the Commission under the provisions of
this Section shall be paid promptly after the receipt of the same, accompanied
by a detailed statement thereof, into the Public Utility Fund in the State
(i) During the month of October of each odd-numbered year the
(1) determine the amount of all moneys deposited in
the Public Utility Fund during the preceding fiscal biennium plus the balance, if any, in that fund at the beginning of that biennium;
(2) determine the sum total of the following items:
(A) all moneys expended or obligated against appropriations made from the Public Utility Fund during the preceding fiscal biennium, plus (B) the sum of the credit memoranda then outstanding against the Public Utility Fund, if any; and
(3) determine the amount, if any, by which the sum
determined as provided in item (1) exceeds the amount determined as provided in item (2).
If the amount determined as provided in item (3) of this subsection exceeds
50% of the previous fiscal year's appropriation level, the Commission shall then compute the
proportionate amount, if
any, which (x) the tax paid hereunder by each utility during the preceding
biennium, and (y) the amount paid into the Public Utility Fund during the
preceding biennium by the Department of Revenue pursuant to Sections 2-9 and
of the Electricity Excise Tax Law, bears to the difference between the amount
provided in item (3) of this subsection (i) and 50% of the previous fiscal year's appropriation level.
shall cause the proportionate amount determined with respect to payments
made under the Electricity Excise Tax Law to be transferred into the General
Revenue Fund in the State Treasury, and notify each
public utility that it may file during the 3 month period after the date of
notification a claim for credit for the proportionate amount
determined with respect to payments made hereunder by the public utility.
proportionate amount is less than $10, no notification will be sent by the
Commission, and no right to a claim exists as to that amount. Upon the
filing of a claim for credit within the period provided, the Commission
shall issue a credit memorandum in such amount to such public utility. Any
claim for credit filed after the period provided for in this Section is void.
(j) Credit memoranda issued pursuant to subsection (f)
and credit memoranda issued after notification and filing pursuant to
subsection (i) may be applied for the 2 year period from the date of issuance,
against the payment of any amount due during that period under
the tax imposed by subsection (c), or, subject to reasonable rule of the
Commission including requirement of notification, may be assigned to any
other public utility subject to regulation under this Act. Any application
of credit memoranda after the period provided for in this Section is void.
(k) The chairman or executive director may make refund of fees, taxes or
other charges whenever he shall determine that the person or public utility
will not be liable for payment of such fees, taxes or charges during the
next 24 months and he determines that the issuance of a credit memorandum
would be unjust.
(Source: P.A. 97-1150, eff. 1-25-13.)