Bill
HB 4776
The bill waives sovereign immunity for IDOT in federal court only to the extent and within the liability framework of 23 U.S.C. 326/327 for duties IDOT assumes under Illinois law.
HB 4776 (Illinois, 104th General Assembly) – Sovereign Immunity for IDOT under 23 U.S.C. 326/327
Overview
- Purpose: Establish a limited waiver of sovereign immunity for the Illinois Department of Transportation (IDOT) in civil actions arising in federal court, in connection with responsibilities IDOT assumes under the Illinois Department of Transportation Law (Civil Administrative Code). The waiver aligns with the limitations in 23 U.S.C. 326 and 327 and applies only to actions authorized under this law.
- Scope: The waiver is specifically tied to actions that are authorized under the Illinois IDOT law and does not create broader liability beyond the limits provided in 23 U.S.C. 326 and 327.
Key Provisions
- New Section 2705-635 added to the Civil Administrative Code of Illinois (20 ILCS 2705).
- Text of the provision:
- Sovereign immunity from civil suit in federal court is waived to the extent consistent with 23 U.S.C. 326 and 327.
- The waiver is limited to the compliance, discharge, or enforcement of a responsibility assumed by IDOT under the IDOT Law.
- The waiver applies only to actions authorized under this law.
- The waiver does not create liability for IDOT that exceeds the liability cap or framework established by 23 U.S.C. 326 and 327.
Affected Parties and Effects
- IDOT: The agency would have a clarified, limited federal-court liability waiver related to duties it undertakes under Illinois IDOT law.
- Potential plaintiffs: Federal court plaintiffs seeking damages or relief arising from IDOT actions within the scope of responsibilities assumed under the IDOT Law would be subject to the waiver constraints (i.e., liability limited to the federal framework and the state-law context of IDOT’s responsibilities).
- General public: Indirectly affected, as the change defines the boundaries of IDOT’s potential federal-court exposure, potentially influencing compensation availability, defense strategies, and administrative operations tied to IDOT duties.
Procedural and Timeline Aspects
- Status: As of the latest action history, the bill has progressed through multiple committee and chamber readings with sponsorships listed. The action history shows:
- Filed February 2, 2026
- Referred to Judiciary – Civil Committee (Feb 24, 2026)
- Do Pass / Short Debate in Judiciary – Civil Committee (Mar 19, 2026)
- Placed on Calendar for 2nd Reading (Mar 19, 2026)
- Passed Third Reading in the House (Apr 14, 2026) with short debate (75-34-0)
- Moved to Senate (Apr 15, 2026) with sponsor lines and readings
- Notable dates in the history indicate active discussion and near-final stage, pending any Senate actions for final passage and potential enactment.
Notes for readers
- The bill does not create new liability beyond what is allowed under federal law (23 U.S.C. 326 and 327). Rather, it codifies a procedural limitation: IDOT’s exposure in federal court is constrained to the responsibilities IDOT assumes under Illinois law, within the bounds of the federal liability framework.
- The purpose is to balance accountability with established federal limits, ensuring that any legal action remains tethered to the specific duties IDOT has undertaken under the IDOT Law.
Compiled from official sources — confirm details with the bill’s official record.
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