G25-17 Ordinance No. G25-17
AN ORDINANCE
AMENDING ORDINANCE NO. G19-17 TITLE 6 OF THE ELGIN MUNICIPAL CODE,
1976, AS AMENDED, ENTITLED "BUSINESS LICENSES AND REGULATIONS"
BY CREATING A NEW CHAPTER 6.96 THERETO ENTITLED
"CONFLICTS WITH CERTAIN HOME RULE ORDINANCES OF COOK COUNTY"
WHEREAS, the City of Elgin, as a home rule unit of local government as provided by
Article VII, Section 6 of the Illinois Constitution of 1970, has the authority to exercise any power
and perform any function pertaining to its government and affairs except as limited by Article VII,
Section 6 of the Illinois Constitution of 1970; and
WHEREAS, on October 5, 2016, the County of Cook Board of Commissioners adopted
ordinance number 16-4229 that requires employers in "Cook County" to provide a minimum
number of paid sick days to employees ("Cook County Earned Sick Leave Ordinance"); and
WHEREAS, on October 26, 2016, the County of Cook Board of Commissioners adopted
ordinance number 16-5768 creating a minimum wage for employers in "Cook County" ("Cook
County Minimum Wage Ordinance"); and
WHEREAS, the State of Illinois is considering a unified statewide regulation and the City
of Elgin has employers in Kane and Cook Counties and wants to keep a unified set of rules
regarding sick days and minimum wages; and
WHEREAS, the City of Elgin finds that many businesses employ individuals that are
required to work across municipal and county borders within the Chicago metropolitan region and
throughout the State of Illinois, and the City of Elgin believes that employment-related laws are
best established at the Federal and State level; and
WHEREAS, Article VII, Section 6(c) of the Illinois Constitution provides that if a home
rule county ordinance conflicts with an ordinance of a municipality, the municipal ordinance shall
prevail within its jurisdiction; and
WHEREAS, on June 14, 2017, the City Council of the City of Elgin adopted Ordinance
No. G19-17 opting out of the minimum hourly wages and paid sick leave ordinances of Cook
County; and
WHEREAS, Section 1 of Ordinance No. G19-17 included a scrivener's error in the
reference to a new Chapter 6.95, which should have been a new Chapter 6.96 of Title 6 of the
Elgin Municipal Code, 1976, as amended; and
WHEREAS, it is necessary to amend Section 1 of Ordinance No. G19-17, to correct such
scrivener's error to provide for correct references to a new Chapter 6.96.
NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, COOK AND KANE COUNTIES, ILLINOIS, AS FOLLOWS:
Section 1. That Section 1 of Ordinance No. G19-17, adopted by the City Council of
the City of Elgin on June 14, 2017, be and is hereby amended to read as follows:
That Title 6 of the Elgin Municipal Code, 1976, as amended, entitled "Business Licenses
and Regulations", be and is hereby further amended by adding a new Chapter 6.96 thereto entitled
"Conflicts with Certain Home Rule Ordinances of Cook County" to read as follows:
"Chapter 6.96
CONFLICTS WITH CERTAIN HOME RULE ORDINANCES OF COOK COUNTY
6.96.010: MINIMUM HOURLY WAGES AND PAID SICK LEAVE
A. Employers located within the City of Elgin shall comply with all applicable Federal
and/or State laws and regulations as such laws and regulations may exist from time to time with
regard to both the payment of minimum hourly wages and paid sick leave. Employee eligibility
for paid sick leave and minimum hourly wages shall also be in compliance with all applicable
Federal and/or State laws and regulations as such laws and regulations may exist from time to
time.
B. No additional obligations with regard to paid sick leave,or minimum hourly wages,
including, without limitation, any additional obligations by ordinances adopted by the County of
Cook Board of Commissioners, including but not limited to ordinance numbers 16-4229 and 16-
5768, shall apply to employers located within the City of Elgin, except those required by Federal
and/or State laws and regulations as such laws and regulations may exist from time to time.
C. For the purposes of this Section, the term "employee" means an individual
permitted to work by an employer regardless of the number of persons the employer employs, and
the term "employer" means any person employing one or more employees, or seeking to employ
one or more employees, if the person has its principal place of business within the City of Elgin or
does business within the City of Elgin.
D. For the purposes of this Section, the term "employer" does not mean:
1. The government of the United States or a corporation wholly owned by the
government of the United States.
2. An Indian tribe or a corporation wholly owned by an Indian tribe.
3. The government of the State or any agency or department thereof; or
4. A unit of local government or a school district."
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Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
Section 3. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
-e, 4-,&"Ir�
David J. Kirptain, Klayor
Presented: June 28, 2017
Passed June 28, 2017
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: June 28, 2017
Published: June 30, 2017 5'
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Kimberly Dewis, Clerk
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