ILCS » Chapter 5 · Act 315
Illinois Compiled Statutes

5 ILCS 315/25 (2026)

For purposes of this Act, the State of Illinois waives sovereign immunity

✓ current as of May 2026
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(5 ILCS 315/25) (from Ch. 48, par. 1625)
    Sec. 25. For purposes of this Act, the State of Illinois waives sovereign immunity.
(Source: P.A. 83-1012.)

    
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2003–2025 · leading case: Leetaru v. The Bd. of Trs. of the Univ. of Illinois, 2015 IL 117485 (Ill. 2015).
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Leetaru v. The Bd. of Trs. of the Univ. of Illinois, 2015 IL 117485 (Ill. 2015). “” 5 ILCS 315/25 (West 2012). ¶ 75 The foregoing analysis also applies to entities that are a part or arm of the State rather than a separate political unit, such as a municipality or local public entity.”
People Ex Rel. Madigan v. Excavating & Lowboy Servs., Inc., 902 N.E.2d 1218 (Ill. App. Ct. 2009). “Examples of clear, unequivocal, and affirmative declarations that the State waives sovereign immunity appear in the Illinois Public Labor Relations Act (5 ILCS 315/25 (West 2002)) and the Illinois Educational Labor Relations Act (115 ILCS 5/19 (West 2002)).”
Am. Fed'n of State, Cnty. & Mun. Employees v. Schwartz, 797 N.E.2d 1087 (Ill. App. Ct. 2003). “” 5 ILCS 315/25 (West 2002). C. The Trial Court Properly Denied CMS’s Motion to Compel Arbitration CMS asserts that because it filed a motion called “motion to compel arbitration,” the trial court was required, pursuant to section 2(d) of the Uniform Arbitration Act (710 ILCS…”
Leetaru v. The Bd. of Trs. of the Univ. of Illinois, 2015 IL 117485 (Ill. 2015). “” 5 ILCS 315/25 (West 2012). ¶ 75 The foregoing analysis also applies to entities that are a part or arm of the State rather than a separate political unit, such as a municipality or local public entity.”
Lavery v. Dep't of Fin. & Prof'l Reg., 2025 IL 130033 (Ill. 2025). “¶ 48 This is further illustrated by examples where our courts have found that the legislature intended to waive sovereign immunity, including section 19 of the Illinois Educational Labor Relations Act (115 ILCS 5/19 (West 2020)) and section 25 of the Illinois Public Labor…”
Am. Fed'n of State, Cnty. & Mun. Employees v. Schwartz Opinion corrected (Ill. App. Ct. 2003). “" 5 ILCS 315/25 (West 2002). C. The Trial Court Properly Denied CMS's Motion to Compel Arbitration CMS asserts that because it filed a motion called "motion to compel arbitration," the trial court was required, pursuant to section 2(d) of the Uniform Arbitration Act (710 ILCS…”
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