(1) (a) Subject to Subsection (5), a governmental entity may charge a reasonable fee to cover the governmental entity's actual cost of providing a record. (b) A fee under Subsection (1)(a) shall be approved by the governmental entity's executive officer. (2) (a) When a governmental entity compiles a record in a form other than that normally maintained by the governmental entity, the actual costs under this section may include the following: (i) the cost of staff time for compiling, formatting, manipulating, packaging, summarizing, or tailoring the record either into an organization or media to meet the person's request; (ii) the cost of staff time for search, retrieval, and other direct administrative costs for complying with a request; and (iii) in the case of fees for a record that is the result of computer output other than word processing, the actual incremental cost of providing the electronic services and products together with a reasonable portion of the costs associated with formatting or interfacing the information for particular users, and the administrative costs as set forth in Subsections (2) (a)(i) and (ii). (b) An hourly charge under Subsection (2)(a) may not exceed the salary of the lowest paid employee who, in the discretion of the custodian of records, has the necessary skill and training to perform the request. (3) (a) Fees shall be established as provided in this Subsection (3). (b) A governmental entity with fees established by the Legislature: (i) shall establish the fees defined in Subsection (2), or other actual costs associated with this section through the budget process; and (ii) may use the procedures of Section 63J-1-504 to set fees until the Legislature establishes fees through the budget process. (c) Political subdivisions shall establish fees by ordinance or written formal policy adopted by the governing body. (d) The judiciary shall establish fees by rules of the judicial council. (4) A governmental entity may fulfill a record request without charge and is encouraged to do so if it determines that: (a) releasing the record primarily benefits the public rather than a person; (b) the individual requesting the record is the subject of the record, or an individual specified in Subsection 63G-2-202(1) or (2); or (c) the requester's legal rights are directly implicated by the information in the record, and the requester is impecunious. (5) (a) As used in this Subsection (5), "media representative": (i) means a person who requests a record to obtain information for a story or report for publication or broadcast to the general public; and (ii) does not include a person who requests a record to obtain information for a blog, podcast, social media account, or other means of mass communication generally available to a member of the public. (b) A governmental entity may not charge a fee for: (i) reviewing a record to determine whether it is subject to disclosure, except as permitted by Subsection (2)(a)(ii); (ii) inspecting a record; or (iii) the first quarter hour of staff time spent in responding to a request under Section 63G-2-204. (c) Notwithstanding Subsection (5)(b)(iii), a governmental entity is not prevented from charging a fee for the first quarter hour of staff time spent in responding to a request under Section
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