(220 ILCS 35/4) (from Ch. 111 2/3, par. 1004)
Sec. 4.
Refunds of Small Business Utility Deposits.
Deposits plus
interest shall be automatically refunded to the payor after being held for
12 months according to the following:
(a) if the 12 months during which the deposit was held are within the
first 24 months that a small business has received utility service, the
deposit plus interest shall be refunded only so long as the service has
not been interrupted for nonpayment or so long as the small business has
not paid late 4 times, or 3 times if billed bi-monthly, or 2 times if billed
quarterly or semi-annually or so long as after it has been found that the
small business' wires, pipes, meters or other service equipment have not
been tampered with during the time the deposit was held and which resulted
in the small business enjoying the benefit of the tampering;
(b) if the 12 months during which the deposit was held was subsequent
to the first 24 months that a small business has received utility service,
the deposit plus interest shall be refunded only so long as the service
has not been interrupted for nonpayment or so long as the customer has not
paid late 6 times during the past 12 months if billed monthly, or 3 times
if billed bi-monthly, or 2 times if billed quarterly or semi-annually or
so long as after it has been found that the small business' wires, pipes,
meters or other service equipment have not been tampered with during the
time the deposit was held and which resulted in the small business enjoying
the benefit of the tampering;
(c) deposits plus interest need not be refunded until the customer pays
any past due bills for utility service.
Deposits plus interest less the amount of unpaid bills, if any, for actual
utility service shall be refunded upon the discontinuance of service for
more than 30 days. A transfer of service from one premise to another within
the area served by the utility need not be deemed a discontinuance of service
by the utility if the character of service remains the same. When a deposit
plus interest is applied to the liquidation of unpaid bills, the utility
shall provide the small business with a statement or notice commonly known
as a "Cancellation Notice" showing the amount of the deposit, the amount
of any accrued interest, the amount of the unpaid bill or bills liquidated
by the deposit plus interest and the balance remaining due either to the
small business or to the utility.
All deposit refunds shall be paid by separate check and not by credit to
the small business' account except where discontinuance of service is affected.
At the option of the utility, a deposit plus interest may be refunded, in
whole or in part, at any time earlier than the times herein prescribed,
provided that the utility gives adequate notice to a small business that
its utility deposit is being refunded early.
(Source: P.A. 83-1343.)
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