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(220 ILCS 5/9-221) (from Ch. 111 2/3, par. 9-221)
Sec. 9-221.
Whenever a municipality pursuant to Section 8-11-2 of the
Illinois Municipal Code, as heretofore and hereafter amended, imposes a
tax on any public utility, such utility may charge its customers, other
than customers who are certified business enterprises under paragraph (e)
of Section 8-11-2 of the Illinois Municipal Code or are exempted from those
taxes under paragraph (f) of that Section, to the
extent of such exemption and during the period in which such exemption is
in effect, in addition to any rate authorized by this Act, an additional
charge equal to the sum of (1) an amount equal to such municipal tax, or
any part thereof (2) 3% of such tax, or any part thereof, as the case may
be, to cover costs of accounting, and (3) an amount equal to the increase
in taxes and other payments to governmental bodies resulting from the
amount of such additional charge. Such utility shall file with the
Commission a true and correct copy of the municipal ordinance imposing such
tax; and also shall file with the Commission a supplemental schedule
applicable to such municipality which shall specify such additional charge
and which shall become effective upon filing without further notice. Such
additional charge shall be shown separately on the utility bill to each
customer. The Commission shall have power to investigate whether or not
such supplemental schedule correctly specifies such additional charge, but
shall have no power to suspend such supplemental schedule. If the
Commission finds, after a hearing, that such supplemental schedule does not
correctly specify such additional charge, it shall by order require a
refund to the appropriate customers of the excess, if any, with interest,
in such manner as it shall deem just and reasonable, and in and by such
order shall require the utility to file an amended supplemental schedule
corresponding to the finding and order of the Commission.
(Source: P.A. 87-895; 88-132.)
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