(220 ILCS 5/9-222.3)
(from Ch. 111 2/3, par. 9-222.3)
Recovery of additional charges refunded to customers.
(a) If a telecommunications carrier is required to make a refund as a
result of an additional charge collected to recover the expense of taxes
imposed by any municipality pursuant to Section 8-11-2 of the Illinois
Municipal Code on revenues generated by coin-operated telecommunications
devices, the telecommunications carrier shall be entitled to amortize the
total amount refunded over a reasonable period not to exceed 5 years and
shall be permitted to recover such refunded amount in full over the
amortization period by means of temporary supplemental rates approved by
the Illinois Commerce Commission applicable to that carrier's intrastate
utility services paid for by inserting coins in coin-operated
telecommunications devices. The Commission shall monitor the amortization
of the expense and discontinue any temporary supplemental rate as to each
municipality immediately when the recovery of the expense is complete.
This provision shall be applicable only if all of the following conditions
(1) The refund is made pursuant to a final judgment
of a court of competent jurisdiction, including a judgment approving settlement of a disputed claim.
(2) The additional charges giving rise to the refund
were collected pursuant to tariffs, permitted to become effective by the Commission, with or without formal hearings.
(3) The additional charges giving rise to the refund
recovered the expense of taxes paid to a governmental body, plus the expense of collection as authorized by Section 9-221, and such amounts have not been recovered by the telecommunications carrier from the public body.
(b) This amendatory Act of 1991 shall be applicable to all refunds made
on or subsequent to June 1, 1991, including but not limited to refunds made
pursuant to judgments entered before the effective date of this amendatory
Act of 1991.
(Source: P.A. 87-750.)