Representatives Seal

Fiscal Note

1st Sub. H.B. 265 (Buff)

2026 General Session

Non-nicotine Inhalation Product Amendments - As Amended

by Thompson, Jason E.

Senate Seal
General, Income Tax, and Uniform School FundsJR4-4-101
OngoingOne-timeTotal
Net GF/ITF/USF (rev.-exp.) $0 $0 $0


State GovernmentUCA 36-12-13(2)(c)
Revenues FY2026 FY2027 FY2028
Electronic Cigarette Substance and Nicotine Product Proceeds Restricted Account (GFR) $0 $(40,000) $(40,000)
Total Revenues $0 $(40,000) $(40,000)

Enactment of this legislation may impact revenues to the Electronic Cigarette Substance and Nicotine Product Proceeds Restricted Account by an ongoing decrease of ($40,000) beginning in FY 2027. Violators may pay up to $6,000 per infraction to the Department of Health and Human Services; however, the exact quantity is unknown. To the extent that more people are convicted as a result of this legislation and pay their financial obligation, this could increase state revenue per case up to the following amounts: (1) General Fund $290; (2) Court Security $38.


Expenditures FY2026 FY2027 FY2028
Electronic Cigarette Substance and Nicotine Product Proceeds Restricted Account (GFR), One-time $11,700 $0 $0
Total Expenditures $11,700 $0 $0

Enactment of this legislation may cost the Tax Commission $11,700 one-time in FY 2026 from the Electronic Cigarette Substance and Nicotine Product Proceeds Restricted Account for system programming.


FY2026 FY2027 FY2028
Net All Funds (rev-exp) $(11,700) $(40,000) $(40,000)
Local GovernmentUCA 36-12-13(2)(c)

Violators may pay up to $6,000 per infraction to a local health department; however, the exact quantity is unknown. Enactment of this legislation could increase revenue to local governments by up to $1,672 per case for fines/fees. Local government entities could experience the following estimated expenditures: 1. Prosecutors - $812 per case; 2. Public Defense - $975 per case; 3. County Jails - unknown increase at about $83 per day per offender in incarceration costs; 4. Local Justice Court - unknown increase.

Individuals & BusinessesUCA 36-12-13(2)(c)

Violators may pay up to $6,000 per infraction to a local health department; however, the exact quantity is unknown. Non-nicotine inhalation product businesses and/or user will pay ($40,000) annually less in taxes. To the extent that individuals violate provisions of this legislation, this could cost certain offenders up to $2,000 per misdemeanor case, however the total amount is unknown.

Regulatory ImpactUCA 36-12-13(2)(d)

Enactment of this legislation could result in a small increase in the regulatory burden for Utah residents or businesses.

Performance EvaluationJR1-4-601

This bill does not create a new program or significantly expand an existing program.