CMS-SETTLEMENT-AMOUNT APPROVAL

Illinois General Assembly - Full Text of SB4052

Select Language

×

The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.

Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.

The English language version is always the official and authoritative version of this website.

NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.

Choose Language

English

Afrikaans

Albanian

Arabic

Armenian

Azerbaijani

Basque

Bengali

Bosnian

Catalan

Croatian

Czech

Danish

Dutch

Esperanto

Estonian

Filipino

Finnish

French

Galician

Georgian

German

Greek

Gujarati

Haitian Creole

Hausa

Hawaiian

Hebrew

Hindi

Hungarian

Icelandic

Indonesian

Interlingua

Interlingue

Inuktitut

Irish

Italian

Japanese

Javanese

Kannada

Khmer

Korean

Latin

Latvian

Lithuanian

Luxembourgish

Macedonian

Malagasy

Malayalam

Maltese

Maori

Marathi

Myanmar

Nepali

Norwegian

Odia

Pashto

Punjabi

Romanian

Russian

Samoan

Sango

Sanskrit

Sardinian

Sindhi

Sinhala

Slovak

Slovenian

Somali

Southern Sotho

Spanish

Sundanese

Swahili

Swedish

Tamil

Telugu

Thai

Tigrinya

Tonga

Turkish

Ukrainian

Urdu

Vietnamese

Welsh

Xhosa

Yiddish

Yoruba

Zulu

Powered by
Translate

Close

Illinois General Assembly

Top Navigation Bar

Translate

Learn

Select General Assembly

Search the 104th General Assembly

Enter search terms for legislation, members, committees, or schedules.

ILGA.GOV

LEGISLATION & LAWS

Bills & Resolutions

Public Acts

Illinois Compiled Statutes

Illinois Constitution

Search Legislation

Glossary

Guide

Reports & Inquiry

Legislative Reports

Special Reports

FTP Site

Legislator Lookup

Capitol Complex Phone Numbers

Rules & Regulations

Illinois Register

Administrative Rules

Senate

Members

Schedules

Committees

Request for Remote Testimony

Journals

Transcripts

Rules

Audio/Video

FOIA Information

Senate Employment Opportunities

Media Guidelines

House

Members

Schedules

Committees

Submit testimony for House Committees

Journals

Transcripts

Rules

Audio/Video

FOIA Information

House Employment Opportunities

Log In

Mobile Top Bar

Search the 104th General Assembly

Enter keywords to search the Illinois General Assembly website.

Full Text of SB4052

Home

Legislation

Full Text

SB4052 - 104th General Assembly

Bill Status

Full Text

Votes

Witness Slips

Select Menu

Bill Status

Full Text

Votes

Witness Slips

Printer Friendly Version

Introduced

Printer Friendly Version

Introduced

Open PDF

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB4052

Introduced 2/10/2026, by Sen. Celina Villanueva

SYNOPSIS AS INTRODUCED:

20 ILCS 405/405-105

was 20 ILCS 405/64.1

Amends the Department of Central Management Services Law of the Civil
Administrative Code of Illinois. Provides that any public liability claim
filed against the State of Illinois or any public liability claim filed
against a State employee on the basis of an occurrence in the course of the
employee's State employment must be approved by the Governor, in cases of
settlements exceeding $250,000 (rather than $100,000).
LRB104 20083 HLH 33534 b

A BILL FOR

SB4052
LRB104 20083 HLH 33534 b
1

AN ACT concerning State government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Department of Central Management Services
5
Law of the Civil Administrative Code of Illinois is amended by
6
changing Section 405-105 as follows:

7

(20 ILCS 405/405-105)

(was 20 ILCS 405/64.1)
8

Sec. 405-105.
Fidelity, surety, property, and casualty
9
insurance.
The Department shall establish and implement a
10
program to coordinate the handling of all fidelity, surety,
11
property, and casualty insurance exposures of the State and
12
the departments, divisions, agencies, branches, and
13
universities of the State. In performing this responsibility,
14
the Department shall have the power and duty to do the
15
following:
16

(1) Develop and maintain loss and exposure data on all
17

State property.
18

(2) Study the feasibility of establishing a
19

self-insurance plan for State property and prepare
20

estimates of the costs of reinsurance for risks beyond the
21

realistic limits of the self-insurance.
22

(3) Prepare a plan for centralizing the purchase of
23

property and casualty insurance on State property under a

SB4052
- 2 -
LRB104 20083 HLH 33534 b
1

master policy or policies and purchase the insurance
2

contracted for as provided in the Illinois Purchasing Act.
3

(4) Evaluate existing provisions for fidelity bonds
4

required of State employees and recommend changes that are
5

appropriate commensurate with risk experience and the
6

determinations respecting self-insurance or reinsurance so
7

as to permit reduction of costs without loss of coverage.
8

(5) Investigate procedures for inclusion of school
9

districts, public community college districts, and other
10

units of local government in programs for the centralized
11

purchase of insurance.
12

(6) Implement recommendations of the State Property
13

Insurance Study Commission that the Department finds
14

necessary or desirable in the performance of its powers
15

and duties under this Section to achieve efficient and
16

comprehensive risk management.
17

(7) Prepare and, in the discretion of the Director,
18

implement a plan providing for the purchase of public
19

liability insurance or for self-insurance for public
20

liability or for a combination of purchased insurance and
21

self-insurance for public liability (i) covering the State
22

and drivers of motor vehicles owned, leased, or controlled
23

by the State of Illinois pursuant to the provisions and
24

limitations contained in the Illinois Vehicle Code, (ii)
25

covering other public liability exposures of the State and
26

its employees within the scope of their employment, and

SB4052
- 3 -
LRB104 20083 HLH 33534 b
1

(iii) covering drivers of motor vehicles not owned,
2

leased, or controlled by the State but used by a State
3

employee on State business, in excess of liability covered
4

by an insurance policy obtained by the owner of the motor
5

vehicle or in excess of the dollar amounts that the
6

Department shall determine to be reasonable. Any contract
7

of insurance let under this Law shall be by bid in
8

accordance with the procedure set forth in the Illinois
9

Purchasing Act. Any provisions for self-insurance shall
10

conform to subdivision (11).
11

The term "employee" as used in this subdivision (7)
12

and in subdivision (11) means a person while in the employ
13

of the State who is a member of the staff or personnel of a
14

State agency, bureau, board, commission, committee,
15

department, university, or college or who is a State
16

officer, elected official, commissioner, member of or ex
17

officio member of a State agency, bureau, board,
18

commission, committee, department, university, or college,
19

or a member of the National Guard while on active duty
20

pursuant to orders of the Governor of the State of
21

Illinois, or any other person while using a licensed motor
22

vehicle owned, leased, or controlled by the State of
23

Illinois with the authorization of the State of Illinois,
24

provided the actual use of the motor vehicle is within the
25

scope of that authorization and within the course of State
26

service.

SB4052
- 4 -
LRB104 20083 HLH 33534 b
1

Subsequent to payment of a claim on behalf of an
2

employee pursuant to this Section and after reasonable
3

advance written notice to the employee, the Director may
4

exclude the employee from future coverage or limit the
5

coverage under the plan if (i) the Director determines
6

that the claim resulted from an incident in which the
7

employee was grossly negligent or had engaged in willful
8

and wanton misconduct or (ii) the Director determines that
9

the employee is no longer an acceptable risk based on a
10

review of prior accidents in which the employee was at
11

fault and for which payments were made pursuant to this
12

Section.
13

The Director is authorized to promulgate
14

administrative rules that may be necessary to establish
15

and administer the plan.
16

Appropriations from the Road Fund shall be used to pay
17

auto liability claims and related expenses involving
18

employees of the Department of Transportation, the
19

Illinois State Police, and the Secretary of State.
20

(8) Charge, collect, and receive from all other
21

agencies of the State government fees or monies equivalent
22

to the cost of purchasing the insurance.
23

(9) Establish, through the Director, charges for risk
24

management services rendered to State agencies, officers,
25

boards, commissions, and universities by the Department.
26

The State agencies, officers, boards, commissions, and

SB4052
- 5 -
LRB104 20083 HLH 33534 b
1

universities so charged shall reimburse the Department by
2

vouchers drawn against their respective appropriations.
3

The reimbursement shall be determined by the Director as
4

amounts sufficient to reimburse the Department for
5

expenditures incurred in rendering the service.
6

The Department shall charge the employing State
7

agency, officer, board, commission, or university for
8

workers' compensation payments for temporary total
9

disability paid to any employee after the employee has
10

received temporary total disability payments for 120 days
11

if the employee's treating physician, advanced practice
12

registered nurse, or physician assistant has issued a
13

release to return to work with restrictions and the
14

employee is able to perform modified duty work but the
15

employing State agency, officer, board, commission, or
16

university does not return the employee to work at
17

modified duty. Modified duty shall be duties assigned that
18

may or may not be delineated as part of the duties
19

regularly performed by the employee. Modified duties shall
20

be assigned within the prescribed restrictions established
21

by the treating physician and the physician who performed
22

the independent medical examination. The amount of all
23

reimbursements shall be deposited into the Workers'
24

Compensation Revolving Fund which is hereby created as a
25

revolving fund in the State treasury. In addition to any
26

other purpose authorized by law, moneys in the Fund shall

SB4052
- 6 -
LRB104 20083 HLH 33534 b
1

be used, subject to appropriation, to pay these or other
2

temporary total disability claims of employees of State
3

agencies, officers, boards, commissions, and universities.
4

Beginning with fiscal year 1996, all amounts recovered
5

by the Department through subrogation in workers'
6

compensation and workers' occupational disease cases shall
7

be deposited into the Workers' Compensation Revolving Fund
8

created under this subdivision (9).
9

(10) Establish rules, procedures, and forms to be used
10

by State agencies, officers, boards, commissions, and
11

universities in the administration and payment of workers'
12

compensation claims. For claims filed prior to July 1,
13

2013, the Department shall initially evaluate and
14

determine the compensability of any injury that is the
15

subject of a workers' compensation claim and provide for
16

the administration and payment of such a claim for all
17

State agencies, officers, boards, commissions, and
18

universities. For claims filed on or after July 1, 2013,
19

the Department shall retain responsibility for certain
20

administrative payments including, but not limited to,
21

payments to the private vendor contracted to perform
22

services under subdivision (10b) of this Section, payments
23

related to travel expenses for employees of the Office of
24

the Attorney General, and payments to internal Department
25

staff responsible for the oversight and management of any
26

contract awarded pursuant to subdivision (10b) of this

SB4052
- 7 -
LRB104 20083 HLH 33534 b
1

Section. Through December 31, 2012, the Director may
2

delegate to any agency with the agreement of the agency
3

head the responsibility for evaluation, administration,
4

and payment of that agency's claims. Neither the
5

Department nor the private vendor contracted to perform
6

services under subdivision (10b) of this Section shall be
7

responsible for providing workers' compensation services
8

to the Illinois State Toll Highway Authority or to State
9

universities that maintain self-funded workers'
10

compensation liability programs.
11

(10a) By April 1 of each year prior to calendar year
12

2013, the Director must report and provide information to
13

the State Workers' Compensation Program Advisory Board
14

concerning the status of the State workers' compensation
15

program for the next fiscal year. Information that the
16

Director must provide to the State Workers' Compensation
17

Program Advisory Board includes, but is not limited to,
18

documents, reports of negotiations, bid invitations,
19

requests for proposals, specifications, copies of proposed
20

and final contracts or agreements, and any other materials
21

concerning contracts or agreements for the program. By the
22

first of each month prior to calendar year 2013, the
23

Director must provide updated, and any new, information to
24

the State Workers' Compensation Program Advisory Board
25

until the State workers' compensation program for the next
26

fiscal year is determined.

SB4052
- 8 -
LRB104 20083 HLH 33534 b
1

(10b) No later than January 1, 2013, the chief
2

procurement officer appointed under paragraph (4) of
3

subsection (a) of Section 10-20 of the Illinois
4

Procurement Code (hereinafter "chief procurement
5

officer"), in consultation with the Department of Central
6

Management Services, shall procure one or more private
7

vendors to administer the program providing payments for
8

workers' compensation liability with respect to the
9

employees of all State agencies, officers, boards,
10

commissions, and universities. The chief procurement
11

officer may procure a single contract applicable to all
12

State agencies, officers, boards, commissions, and
13

universities, or multiple contracts applicable to one or
14

more State agencies, officers, boards, commissions, and
15

universities. If the chief procurement officer procures a
16

single contract applicable to all State agencies,
17

officers, boards, commissions, and universities, then the
18

Department of Central Management Services shall be
19

designated as the agency that enters into the contract and
20

shall be responsible for the contract. If the chief
21

procurement officer procures multiple contracts applicable
22

to one or more State agencies, officers, boards,
23

commissions, and universities, each agency, officer,
24

board, commission, or university to which the contract
25

applies shall be designated as the agency, officer, board,
26

commission, or university that shall enter into the

SB4052
- 9 -
LRB104 20083 HLH 33534 b
1

contract and shall be responsible for the contract. If the
2

chief procurement officer procures contracts applicable to
3

an individual State agency, officer, board, commission, or
4

university, the agency, officer, board, commission, or
5

university subject to the contract shall be designated as
6

the agency, officer, board, commission, or university
7

responsible for the contract.
8

(10c) The procurement of private vendors for the
9

administration of the workers' compensation program for
10

State employees is subject to the provisions of the
11

Illinois Procurement Code and administration by the chief
12

procurement officer.
13

(10d) Contracts for the procurement of private vendors
14

for the administration of the workers' compensation
15

program for State employees shall be based upon, but
16

limited to, the following criteria: (i) administrative
17

cost, (ii) service capabilities of the vendor, and (iii)
18

the compensation (including premiums, fees, or other
19

charges). A vendor for the administration of the workers'
20

compensation program for State employees shall provide
21

services, including, but not limited to:
22

(A) providing a web-based case management system
23

and provide access to the Office of the Attorney
24

General;
25

(B) ensuring claims adjusters are available to
26

provide testimony or information as requested by the

SB4052
- 10 -
LRB104 20083 HLH 33534 b
1

Office of the Attorney General;
2

(C) establishing a preferred provider program for
3

all State agencies, officers, boards, commissions,
4

universities, and facilities; and
5

(D) authorizing the payment of medical bills at
6

the preferred provider discount rate.
7

(10e) By September 15, 2012, the Department of Central
8

Management Services shall prepare a plan to effectuate the
9

transfer of responsibility and administration of the
10

workers' compensation program for State employees to the
11

selected private vendors. The Department shall submit a
12

copy of the plan to the General Assembly.
13

(11) Any plan for public liability self-insurance
14

implemented under this Section shall provide that (i) the
15

Department shall attempt to settle and may settle any
16

public liability claim filed against the State of Illinois
17

or any public liability claim filed against a State
18

employee on the basis of an occurrence in the course of the
19

employee's State employment; (ii) any settlement of such a
20

claim is not subject to fiscal year limitations and must
21

be approved by the Director and, in cases of settlements
22

exceeding
$250,000

$100,000
, by the Governor; and (iii) a
23

settlement of any public liability claim against the State
24

or a State employee shall require an unqualified release
25

of any right of action against the State and the employee
26

for acts within the scope of the employee's employment

SB4052
- 11 -
LRB104 20083 HLH 33534 b
1

giving rise to the claim.
2

Whenever and to the extent that a State employee
3

operates a motor vehicle or engages in other activity
4

covered by self-insurance under this Section, the State of
5

Illinois shall defend, indemnify, and hold harmless the
6

employee against any claim in tort filed against the
7

employee for acts or omissions within the scope of the
8

employee's employment in any proper judicial forum and not
9

settled pursuant to this subdivision (11), provided that
10

this obligation of the State of Illinois shall not exceed
11

a maximum liability of $2,000,000 for any single
12

occurrence in connection with the operation of a motor
13

vehicle or $100,000 per person per occurrence for any
14

other single occurrence, or $500,000 for any single
15

occurrence in connection with the provision of medical
16

care by a licensed physician, advanced practice registered
17

nurse, or physician assistant employee.
18

Any claims against the State of Illinois under a
19

self-insurance plan that are not settled pursuant to this
20

subdivision (11) shall be heard and determined by the
21

Court of Claims and may not be filed or adjudicated in any
22

other forum. The Attorney General of the State of Illinois
23

or the Attorney General's designee shall be the attorney
24

with respect to all public liability self-insurance claims
25

that are not settled pursuant to this subdivision (11) and
26

therefore result in litigation. The payment of any award

SB4052
- 12 -
LRB104 20083 HLH 33534 b
1

of the Court of Claims entered against the State relating
2

to any public liability self-insurance claim shall act as
3

a release against any State employee involved in the
4

occurrence.
5

(12) Administer a plan the purpose of which is to make
6

payments on final settlements or final judgments in
7

accordance with the State Employee Indemnification Act.
8

The plan shall be funded through appropriations from the
9

General Revenue Fund specifically designated for that
10

purpose, except that indemnification expenses for
11

employees of the Department of Transportation, the
12

Illinois State Police, and the Secretary of State, which
13

result from the Road Fund portion of their normal
14

operations, shall be paid from the Road Fund. The term
15

"employee" as used in this subdivision (12) has the same
16

meaning as under subsection (b) of Section 1 of the State
17

Employee Indemnification Act. Subject to sufficient
18

appropriation, the Director shall approve payment of any
19

claim, without regard to fiscal year limitations,
20

presented to the Director that is supported by a final
21

settlement or final judgment when the Attorney General and
22

the chief officer of the public body against whose
23

employee the claim or cause of action is asserted certify
24

to the Director that the claim is in accordance with the
25

State Employee Indemnification Act and that they approve
26

of the payment. In no event shall an amount in excess of

SB4052
- 13 -
LRB104 20083 HLH 33534 b
1

$150,000 be paid from this plan to or for the benefit of
2

any claimant.
3

(13) Administer a plan the purpose of which is to make
4

payments on final settlements or final judgments for
5

employee wage claims in situations where there was an
6

appropriation relevant to the wage claim, the fiscal year
7

and lapse period have expired, and sufficient funds were
8

available to pay the claim. The plan shall be funded
9

through appropriations from the General Revenue Fund
10

specifically designated for that purpose.
11

Subject to sufficient appropriation, the Director is
12

authorized to pay any wage claim presented to the Director
13

that is supported by a final settlement or final judgment
14

when the chief officer of the State agency employing the
15

claimant certifies to the Director that the claim is a
16

valid wage claim and that the fiscal year and lapse period
17

have expired. Payment for claims that are properly
18

submitted and certified as valid by the Director shall
19

include interest accrued at the rate of 7% per annum from
20

the forty-fifth day after the claims are received by the
21

Department or 45 days from the date on which the amount of
22

payment is agreed upon, whichever is later, until the date
23

the claims are submitted to the Comptroller for payment.
24

When the Attorney General has filed an appearance in any
25

proceeding concerning a wage claim settlement or judgment,
26

the Attorney General shall certify to the Director that

SB4052
- 14 -
LRB104 20083 HLH 33534 b
1

the wage claim is valid before any payment is made. In no
2

event shall an amount in excess of $150,000 be paid from
3

this plan to or for the benefit of any claimant.
4

Nothing in Public Act 84-961 shall be construed to
5

affect in any manner the jurisdiction of the Court of
6

Claims concerning wage claims made against the State of
7

Illinois.
8

(14) Prepare and, in the discretion of the Director,
9

implement a program for self-insurance for official
10

fidelity and surety bonds for officers and employees as
11

authorized by the Official Bond Act.
12
(Source: P.A. 102-767, eff. 5-13-22.)

Footer

Disclaimer

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.

Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.
Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn