Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2171

Introduced
2/7/25  
Refer
2/7/25  
Refer
2/25/25  

Caption

FOIA-COMMERCIAL PURPOSES

Summary

SB2171 amends the Illinois Freedom of Information Act to revise the definition of “commercial purpose.” Under the bill, a commercial purpose would include using public records, or information derived from them, in any form to advance the requester’s commercial, trade, or profit interests. The bill also expressly states that requests made by news media and by nonprofit, scientific, or academic organizations are not considered commercial when their principal purpose is news reporting, opinion content, or academic, scientific, or public research or education. The bill’s practical effect is to clarify when a FOIA request may be treated as commercial and therefore subject to the Act’s commercial-purpose provisions. It would affect public bodies that process FOIA requests by giving them a more detailed statutory standard for identifying commercial use, while preserving exemptions for journalism and research-oriented requests. The measure does not create a new FOIA right or exemption, but refines an existing definition that can affect fees, processing, and how requests are categorized under state law. Because there are no recorded committee transcripts or votes provided, the bill’s general sentiment cannot be measured from legislative debate or roll calls. Based on the text alone, the proposal appears aimed at tightening and clarifying FOIA administration rather than making a broad policy shift. Its explicit carve-outs for media and nonprofit research suggest an effort to avoid burdening public-interest and educational requesters. The main point of potential contention is the scope of “commercial purpose” and whether the revised language could broaden the circumstances under which requesters are treated as commercial users. Public bodies may view the clarification as helpful for managing requests, while frequent requesters, businesses, and transparency advocates could be concerned about how the definition is applied in practice. The bill’s exceptions for news media and nonprofit, scientific, and academic organizations may reduce opposition from those groups, but the line between commercial and noncommercial use could still be disputed in individual cases.

Impact

SB2171 would amend Section 2 of the Illinois Freedom of Information Act, changing the statutory definition of “commercial purpose” and thereby affecting how public bodies classify FOIA requests. The bill would likely influence fee assessments, request handling, and enforcement of FOIA provisions that distinguish commercial requests from requests made for news, research, or educational purposes. It would primarily affect public bodies subject to FOIA and requesters whose use of public records may be viewed as profit-oriented.

Sentiment

No committee discussion or vote history is provided, so there is no recorded legislative sentiment to summarize from debate or roll call. From the bill text, the measure appears to be a technical or clarifying FOIA amendment with a generally neutral-to-supportive policy posture, especially because it preserves express protections for media and nonprofit research requests.

Contention

The likely contention centers on how broadly “commercial purpose” is defined and applied. Businesses and other profit-seeking requesters may worry the language could make more requests subject to commercial treatment, while public bodies may support clearer authority to identify such requests. News media, nonprofit, scientific, and academic organizations are expressly exempted from the commercial-purpose label when their principal purpose is reporting, opinion, research, or education, which may limit opposition from those groups but could still leave disputes over borderline requests.

Companion Bills

No companion bills found.

Previously Filed As

IL HB2881

FOIA-COMMERCIAL PURPOSES

IL HB3515

FOIA-COMMERCIAL PURPOSES

IL HB4684

FOIA-PURPOSELESS MASS REQUEST

IL HB4445

FOIA-COMMERCIAL BODY CAMERA

IL SB2170

FOIA-RECURRENT REQUESTERS

IL HB4682

FOIA-REPEAT COMMERCIAL REQUEST

IL SB2167

FOIA-FEES AND COSTS

IL SB2142

FOIA-RESPONSE PERIODS

IL HB2578

FOIA-PERSON

IL SB2169

FOIA-CLOSED MTG MINUTES

Similar Bills

No similar bills found.