Bill
SB 3552
The act creates a voter-driven process to dissolve a local government unit, transferring all assets, liabilities, and duties to a receiving unit if both units approve at a general
Date introduced: February 5, 2026
Sponsor: Sen. Bill Cunningham (co-sponsors: Sen. Chris Balkema)
Purpose
- Create the Citizens Empowerment Act, establishing a new process for dissolving a local government unit by petition and referendum, with the transferred rights, duties, assets, and liabilities moving to a receiving unit of local government.
Key Provisions and Changes
1) New mechanism for dissolution
- Electors may petition for a referendum at the next general election to dissolve the dissolving unit of local government.
- Dissolution refers to transferring all assets, liabilities, personnel, contractual obligations, and other duties to a receiving unit of local government.
2) Petition requirements (Section 15)
- Petitions must be filed with both the dissolving and receiving unit governing boards at least 122 days before a general election.
- Petition content must include:
- Names of dissolving and receiving units
- Date of dissolution
- Signatures from electors totaling at least 5% of total votes cast in the previous general election
- Affidavit of publication showing notice published in a newspaper within 122–152 days before the election
- Signatures must be gathered within 365 days prior to filing (with possible unit-specific ordinance constraints requiring at least 180 days, up to 365 days).
- If either unit has such an ordinance, signatures failing to meet the ordinance invalidate the petition.
3) Dissolution timing and notice (Section 15)
- Proposed dissolution date must be at least 90 days after the election at which the referendum is voted.
4) Notice format (Section 15)
- Petitions require a standardized notice describing the dissolution and transfer of assets and liabilities to the receiving unit.
5) Ballot placement and referendum form (Section 20 and 25)
- If petition meets requirements, it is placed on the ballot at the next general election.
- Ballot form asks voters to approve or reject dissolution and transfer of assets/liabilities.
- Publication of required notice is essential; failure to publish nullifies petition and referendum results.
6) Referendum voting thresholds (Section 25)
- Approval requirements:
- A majority or three-fifths of votes in the dissolving unit
- A majority or three-fifths of votes in the receiving unit
- Both units must approve under the specified thresholds
7) Dissolution and transfer of rights (Section 30)
- Upon approval:
- All real/personal property, assets, personnel, and liabilities transfer to the receiving unit on the dissolution date.
- The dissolving unit is dissolved on that date.
- From dissolution date onward, the receiving unit’s governing board may exercise the rights and duties of the dissolved unit (including tax authority, if applicable).
8) Election Code amendments (Section 100)
- Amends 10 ILCS 5/28-7 to update procedures for public questions authorized by Article VII of the Constitution to referendum, superseding conflicting statutes except for specified codes (Counts/ Township enforcement, etc.).
- Allows multi-unit referenda when proposed by multiple governments, with provisions coordinating with election authorities.
9) Effective date
- Effective immediately upon becoming law.
Who would be affected
- Electors in both the dissolving unit and the receiving unit.
- Governing boards of both units involved (dissolving and receiving).
- Departments, employees, and contractors of the dissolving unit, who would transfer to the receiving unit.
- Taxing and fiscal authorities of the receiving unit may gain new powers post-dissolution.
- Local governments considering consolidation or reorganization through petitioned referenda.
Procedural and timeline notes
- Petition window: minimum 122 days before a general election; signatures valid for up to 365 days prior (subject to local ordinance constraints).
- Publication notice: required within 122–152 days before the election.
- Dissolution date: at least 90 days after the election.
- Referendum thresholds require consent from both dissolving and receiving units.
- New mechanism is “in addition to” existing dissolution methods, not a replacement.
Overall impact
- Creates a formal, elector-driven pathway for dissolving a local government unit, contingent on cross-unit consent and meeting detailed petition, notice, and ballot requirements.
- Ensures a comprehensive transfer of assets, personnel, and liabilities to a receiving unit, with the receiving unit absorbing ongoing responsibilities and potential taxation authority.
Compiled from official sources — confirm details with the bill’s official record.
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