(A) Tax imposed.
(1) A tax is imposed on all persons engaged in the following occupations or privileges.
(a) The privilege of using or consuming electricity acquired in a purchase at retail and used or consumed within the corporate limits of the municipality at the following rates, calculated on a monthly basis for each purchaser:
1. For the first 2,000 kilowatt-hours used or consumed in a month - $0.523 per kilowatt-hour;
2. For the next 48,000 kilowatt-hours used or consumed in a month - $0.343 per kilowatt-hour;
3. For the next 50,000 kilowatt-hours used or consumed in a month - $0.309 per kilowatt-hour;
4. For the next 400,000 kilowatt-hours used or consumed in a month - $0.300 per kilowatt-hour;
5. For the next 500,000 kilowatt-hours used or consumed in a month - $0.291 per kilowatt-hour;
6. For the next 2,000,000 kilowatt-hours used or consumed in a month - $0.274 per kilowatt-hour;
7. For the next 2,000,000 kilowatt-hours used or consumed in a month - $0.270 per kilowatt-hour;
8. For the next 5,000,000 kilowatt-hours used or consumed in a month - $0.266 per kilowatt-hour;
9. For the next 10,000,000 kilowatt-hours used or consumed in a month - $0.261 per kilowatt-hour; and
10. For all electricity used or consumed in excess of 20,000,000 kilowatt-hours in a month - $0.257 per kilowatt-hour.
(b) The tax rates set forth in the preceding table will be used at least through 12-31-2008, are proportional to the rates enumerated in ILCS Ch. 65, Act 5, § 8-11-2 (as modified by Public Act 90-561), and do not exceed the revenue that could have been collected during 1997 using the rates enumerated in ILCS Ch. 65, Act 5, § 8-11-2 (as modified by Public Act 90-561).
(2) Pursuant to ILCS Ch. 65, Act 5, § 8-11-2, the rates set forth in division (A)(1) above shall be effective:
(a) On 9-1-1998 for residential customers; and
(b) On the earlier of the first bill issued after 1-1-2001, or the date of the first bill issued pursuant to ILCS Ch. 220, Act 5, § 16-104, for nonresidential customers.
(Am. Ord. 1998-07, passed 9-22-1998)
(B) Exceptions. None of the taxes authorized by this section may be imposed with respect to any transaction in interstate commerce or otherwise to the extent to which the business or privilege may not, under the Constitution and statutes of the United States, be made the subject of taxation by this state or any political subdivision thereof; nor shall any persons engaged in the business of distributing, supplying, furnishing, or selling or transmitting gas, water, or electricity or engaged in the business of transmitting messages, or using or consuming electricity acquired in a purchase at retail, be subject to taxation under the provisions of this section for those transactions that are or may become subject to taxation under the provisions of the Municipal Retailers Occupation Tax Act authorized by ILCS Ch. 5, Act 5, § 8-11-1; nor shall any tax authorized by this section be imposed upon any person engaged in a business or on any privilege unless the tax is imposed in like manner and at the same rate upon all persons engaged in business of the same class in the municipality, whether privately or municipality owned or operated, or exercising the same privilege within the municipality.
(C) Additional taxes. The tax shall addition to other taxes levied upon the taxpayer or its business.
(D) Collection. The tax authorized by this section shall be collected from the purchaser by the person maintaining a place of business in this state who delivers the electricity to the purchaser. This tax shall constitute a debt of the purchaser to the person who delivers the electricity to the purchaser and if unpaid, is recoverable in the same manner as the original charge for delivering the electricity. Any tax required to be collected pursuant to this section and any such tax collected by a person delivering electricity shall constitute a debt owed to the municipality by the person delivering the electricity; provided that the person delivering electricity shall be allowed a credit for the tax related to deliveries of electricity the charges for which are written off as uncollectible, and provided further, that if the charges are thereafter collected, the delivering supplied shall be obligated to remit the tax. Persons delivering electricity shall collect the tax from the purchaser by adding the tax to the gross charge for delivering the electricity. Persons delivering electricity shall also be authorized to add to the gross charge an amount equal to 3% of the tax to reimburse the person delivering electricity for the expense incurred in keeping records, billing customers, preparing and filing returns, remitting the tax and supplying data to the municipality upon request. If the person delivering electricity fails to collect the tax from the purchaser, then the purchaser shall be required to pay the tax directly to the municipality in the manner prescribed by the municipality. Persons delivering electricity who file returns pursuant to this division (D) shall, at the time of filing the return, pay the municipality the amount of the tax collected pursuant to this section.
(Am. Ord. 1998-07, passed 9-22-1998)
(E) Reports to municipality.
(1) On or before the last day of each month, each taxpayer shall make a return to the village for the preceding month stating:
(a) His or her name;
(b) His or her principal place of business;
(c) His or her gross receipts and/or kilowatt-hour usage during the month upon the basis of which the tax is imposed;
(d) Amount of tax; and
(e) The other reasonable and related information as the corporate authorities may require.
(2) The taxpayer making the return herein provided for shall, at the time of making the return, pay to the Village of Diamond, the amount of tax herein imposed; provided that in connection with any return, the taxpayer may, if he or she so elects, report and pay an amount based upon his or her total billings of business subject to the tax during the period for which the return is made (exclusive of any amounts previously billed) with prompt adjustments of later payments based upon any differences between the billings, and the taxable gross receipts.
(F) Credit for overpayment.
(1) If it shall appear that an amount of tax has been paid which was not due under the provisions of this section, whether as the result of a mistake of fact or an error of law, then the amount shall be credited against any tax due, or to become due, under this section from the taxpayer who made the erroneous payment; provided that no amounts erroneously paid more than 3 years prior to the filling of a claim therefor shall be so credited.
(2) No action to recover any amount of tax due under the provisions of this section shall be commenced more than 3 years after the due date of the amount.
(G) Effective date. This section shall be in full force and effect from and after its passage and approval as provided by law and shall be published in pamphlet form.
(Ord. 1998-04, passed 7-28-1998) Penalty, see § 32.99