Bill
HB 2881
Illinois HB 2881 defines 'commercial purpose' in FOIA to guide fees/denials; broad scope could apply to many private requests, with carve-outs for news, nonprofits, and research.
Note: the provided document contains two different bills that share the number HB 2881 in different states. This summary treats them separately.
Primary subject: Amendment to the Illinois Freedom of Information Act (FOIA) to define the term “commercial purpose.”
Key provisions
- Adds a new definition of “commercial purpose” to 5 ILCS 140/2:
- “Commercial purpose” includes use of any part of a public record, or information derived from public records, in any form for:
- sale, resale, or solicitation/advertisement for sales or services; or
- any use or purpose that furthers the commercial, trade, or profit interests of the requester or the person on whose behalf the request is made.
- Explicitly excludes requests made by news media and nonprofit, scientific, or academic organizations from being treated as “commercial” when the principal purpose is:
- accessing and disseminating news/current events;
- producing opinion/features of public interest; or
- academic, scientific, or public research/education.
Who is affected
- Requesters of public records in Illinois (businesses, commercial data brokers, consultants).
- Public bodies and agencies that respond to FOIA requests (may treat certain requests as commercial).
- News organizations, nonprofits, academic and scientific researchers (explicitly protected from being classified as commercial when principal purpose is news/research/education).
Potential impacts
- Clarifies the scope of “commercial purpose,” which can influence how agencies apply fee schedules, impose surcharges, or deny requests under FOIA provisions that treat commercial requests differently.
- The broad language (“any use…that furthers commercial, trade, or profit interests”) may capture a wide range of private-sector requesters and uses; how agencies implement it will determine practical effects.
- The carve-outs for news media and nonprofits narrow application where the principal purpose is public-interest journalism or bona fide research/education.
Procedural status and timeline (as provided)
- Introduced in Illinois General Assembly: 02/06/2025 by Rep. Terra Costa Howard.
- Early actions: First Reading 02/06/2025; referred to Rules Committee.
- Filed with Clerk: 02/05/2025.
(Additional calendar/committee movement in the provided log appears to mix with other items — check the Illinois legislative website for current status and amendments.)
Note: separate Arizona bill text (same HB number) appears in the document; this bill is unrelated to the Illinois FOIA amendment.
Purpose
- Establishes a “High School Success Grant Program” in the Arizona Department of Education to fund ninth-grade “on-track” programs and services in public schools.
Key provisions
- Department to administer multi-year grants; may adopt implementing rules.
- Grants: $150 per enrolled 9th-grade student (adjusted for inflation after FY 2025–26), with prioritization rules if funds are insufficient (continuation grantees in good standing; schools with higher percentages of students eligible for free/reduced lunch).
- Eligible uses: wide list of activities to improve 9th-grade credit attainment and on-track status (data systems, teacher collaboration time, interventions, transition supports, partnerships with experienced organizations, instructional practices, etc.).
- Reporting and record-keeping requirements; schools must get governing board approval before applying.
- Establishes a continuously appropriated High School Success Grant Program Fund (legislative appropriations, gifts, grants, donations).
- Legislature required to annually appropriate at least $150 per 9th-grade student (inflation-adjusted); placeholder appropriation amount in text.
Who is affected
- Arizona public schools, districts, charter schools, 9th-grade students (particularly schools serving higher-poverty students).
- Arizona Department of Education for administration and oversight.
Procedural note
- Introduced in Arizona House: 02/14/2025 (sponsors listed). The appropriation amount is left blank in the introduced version.
If you want, I can:
- Pull the current live legislative status for the Illinois FOIA bill from the Illinois General Assembly site, or
- Produce a short briefing on likely fiscal or legal effects of the FOIA definition change (e.g., fee/denial practices, litigation risk).
Compiled from official sources — confirm details with the bill’s official record.
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