![]() | Fiscal Note3rd Sub. H.B. 385 (Cherry) 2026 General Session Specialized Product Sales Amendments by Dailey-Provost, Jennifer (McKell, Michael K.) | ![]() |
| Ongoing | One-time | Total | |
|---|---|---|---|
| Net GF/ITF/USF (rev.-exp.) | $(2,100) | $(400) | $(2,500) |
| Revenues | FY2026 | FY2027 | FY2028 |
| Qualified Patient Enterprise Fund | $0 | $1,770,000 | $1,770,000 |
| Total Revenues | $0 | $1,770,000 | $1,770,000 |
Enactment of this bill could generate $1,770,000 ongoing from retail tobacco specialty business licenses, retailer licenses, and general tobacco retailer licenses into the Qualified Patient Enterprise Fund beginning in FY 2027. To the extend that a retailer or retail tobacco specialty business operates without a current or valid license, the Department of Health and Human Services may collect a $50,000 civil fine to be deposited into the Qualifies Patient Enterprise Fund. The aggregate impact is unknown.
| Expenditures | FY2026 | FY2027 | FY2028 |
| General Fund | $0 | $2,100 | $2,100 |
| General Fund, One-time | $400 | $0 | $0 |
| Qualified Patient Enterprise Fund | $0 | $1,770,000 | $1,770,000 |
| Total Expenditures | $400 | $1,772,100 | $1,772,100 |
Enactment of this legislation could cost the Department of Health and Human Services $177,000 ongoing in FY 2027 from the Qualified Patient Enterprise Fund for nicotine and tobacco prevention. Additionally, it could cost $400 one-time in FY 2026 and $2,100 ongoing beginning in FY 2027 from the General Fund to manage additional workload managing the new funds. Enactment could also cost the Utah Department of Agriculture and Food $1,593,000 ongoing in FY 2027 from the Qualified Patient Enterprise Fund for issuing the licenses, additional enforcement of specialized product regulation, and to expand and improve testing services.
| FY2026 | FY2027 | FY2028 | |
| Net All Funds (rev-exp) | $(400) | $(2,100) | $(2,100) |
Enactment of this legislation likely will not result in direct, measurable costs for local governments.
Enactment of this bill may require business entities $2,500 for a retail tobacco specialty business, $600 for a retailer, and $300 for a general tobacco retailer to obtain a license from the Utah Department of Health and Human Services; the aggregate estimated impact for businesses is $1,770,000. Additionally, to the extend that a retailer or retail tobacco specialty business operates without a current or valid license, the Department of Health and Human Services may collect a $50,000 civil fine. The aggregate impact is unknown.
Enactment of this legislation could result in a medium increase in the regulatory burden for Utah residents or businesses.
This bill creates a new program or significantly expands an existing program.
For a list of questions lawmakers might ask to improve accountability for the proposed
program, please see:
https://budget.utah.gov/newprogram

