Illinois OMA §7 in 2025: What the law allows today—and what HB 2886 & HB 3165 would change
Date: 08/29/2025
Author: Prime Law Group
Illinois public bodies have two different pathways for remote participation under the Open Meetings Act (OMA): (1) individual members may attend remotely for limited reasons when a physical quorum is present; and (2) in narrow circumstances during a declared public-health disaster, the entire meeting may be held by audio/video without a physical quorum.
Two 2025 House Bills propose to expand or tailor these rules. As of today, both are still in the House Rules Committee(not enacted). See the official bill-status pages for HB 2886 and HB 3165
What Section 7 currently allows (quick refresher)
- Remote attendance by a member when a physical quorum is present. A majority of the body may allow remote attendance (video or audio) if the member is prevented from attending due to illness/disability, employment/business of the body, family/other emergency, or unexpected childcare obligations. The member should notify the clerk/secretary in advance (if practical), and the public body must have adopted rules governing such remote attendance.
- Fully remote meetings during a declared disaster. If a disaster declaration related to public-health concerns covers the body’s jurisdiction and the presiding “head” determines in-person is not practical or prudent, the body may meet by audio/video without a physical quorum—but only if it satisfies conditions such as: verifying members, enabling the public to hear discussion and votes, roll-call voting, at least one official physically present at the regular location (unless unfeasible), 48-hour notice (with emergency exception), and keeping a verbatim audio/video recording of open meetings. The body bears the compliance costs.
HB 2886 (2025): Broader discretion for “why” a member may attend remotely (status: in House Rules)
What it would change: HB 2886 amends OMA §7(a) to add a catch-all reason—allowing remote attendance when a member is prevented from attending for “any other reason designated in rules adopted by the public body.” In other words, the statute’s four enumerated reasons would remain, but a public body could, by its own remote-attendance rules, recognize additional reasons.
Practical impact if enacted: Boards that want more flexibility (e.g., weather hazards, travel disruptions, caregiving beyond childcare, religious observances) could legitimize those reasons in their adopted rules, so long as a physical quorum is present and all §7 procedures are followed. (Today, flexibility is limited to the four listed reasons.)
Where it stands: Last action: 3/21/2025 – Re-referred to Rules Committee. (Not law.)
HB 3165 (2025): Special remote-meeting authority for Chicago Local School Councils + School Code tweaks (status: in House Rules)
OMA change aimed at Local School Councils (LSCs). HB 3165 would add an OMA provision allowing LSCs organized under Article 34 (CPS) to conduct open or closed meetings by audio/video without a physical quorum, outside the public-health-disaster pathway—provided specified safeguards are met (member verification, public audio access, roll-call votes, 48-hour notice (with emergency exception), and a verbatim record). The LSC would bear compliance costs.
Where it stands: Last action: 3/21/2025 – Re-referred to Rules Committee. (Not law.)
Action checklist for public bodies (what to do now)
- Adopt or update your §7 remote-attendance rules. Your rules must exist and conform to OMA before a majority can allow remote attendance by a member. Review how you verify members, handle advance notice, and record votes.
- Keep a disaster-meeting playbook. Even if you don’t expect to use §7(e), have a checklist for notice, public audio access, roll-call voting, one official on-site (unless unfeasible), and verbatim recording.
- If HB 2886 advances: Be ready to revise your rules to recognize additional remote-attendance reasons appropriate for your body (e.g., severe weather), while preserving transparency and participation.
Quick FAQs
Do we need a physical quorum when one member attends remotely? Yes—unless you are meeting under the disaster procedure in §7(e). Ordinary remote attendance under §7(a) still assumes a physical quorum present at the meeting location.
Do we have to record the meeting? Under standard §7(a) remote attendance, OMA’s regular minute-keeping rules apply. Under §7(e) disaster meetings, you must keep a verbatim audio/video recording of open meetings in addition to minutes.
Have HB 2886 or HB 3165 become law? No. As of Aug. 29, 2025, both bills’ last action was re-referral to House Rules on Mar. 21, 2025. Track the official ILGA bill-status pages for any movement
Citations & Sources
- Current statute: 5 ILCS 120/7 (Open Meetings Act §7) (remote attendance & disaster-meeting provisions).
- HB 2886 (2025): bill text amending §7(a) to allow additional remote-attendance reasons designated in the body’s rules.
- HB 3165 (2025): bill text adding LSC-specific remote-meeting authority and amending School Code Article 34 operations.
- Official bill status: HB 2886 and HB 3165—ILGA bill pages (last action: 3/21/2025, re-referred to Rules).
- Need Assistance? If you have questions about the new lift assist legislation or drafting an ordinance to comply. Don’t hesitate to reach out.