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Lawmaker to bring back proposed constitutional amendment legalizing lottery in Utah

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LITTLEFIELD, Ariz. — Jeff and Debra Hartman often drive from Cedar City to Littlefield, Ariz., to try their luck at the lottery.

The Eagle's Landing travel plaza, which has a big electric sign declaring it offers Powerball and Mega Millions, is the closest many southern Utahns get to the lottery. So asked if Utah ought to legalize lottery? The Hartmans have feelings about it.

"Might as well keep the revenue in Utah as opposed to us traveling here to Arizona to spend our lottery money," said Debra Hartman.

Added Jeff: "A lot of money involved, so maybe Utah ought to consider it."

If Rep. Kera Birkeland has her way? Utah voters would consider it in 2026. She confirmed to FOX 13 News on Monday that she is reintroducing a proposed constitutional amendment to legalize the lottery in Utah.

"What I'm trying to do is just capture the existing behavior of people who will drive across the state line to buy those tickets," Rep. Birkeland, R-Mountain Green, said.

Rep. Birkeland argues that Utahns spend at least $200 million a year outside the state on lottery tickets. That's money that could be used inside Utah, lowering taxes. The proposed legislation would also legalize charity raffles (something that is technically illegal, but happens all the time).

When she first proposed the idea last year? It went nowhere on Utah's Capitol Hill. While House leadership expressed support for the idea, Senate leadership signaled its disapproval. Governor Spencer Cox also had concerns. The Church of Jesus Christ of Latter-day Saints, a powerful presence on Capitol Hill, has made it clear it does not approve of gambling, including lotteries.

But Rep. Birkeland said she heard a lot of supportive comments from her constituents and the public, which is why she's bringing it back.

"It actually had a lot more public support than I was expecting," she told FOX 13 News.

Utah has a constitutional prohibition on gaming, including lotteries, which is why it would require a constitutional amendment to legalize the lottery. But instead of legalizing it statewide, Rep. Birkeland said she is offering a sort-of compromise.

"What I'm proposing this year is that any county that borders a state with the lottery can open up and have the lottery in that county," she said. "So that you don't have people in the heart of Salt Lake City or wherever else, just walking down the street to a convenience store, buying a lottery ticket. It still creates a little bit of a work to get there."

That means some of Utah's most populous counties like Salt Lake, Davis, Utah and Weber would not be allowed to sell lottery tickets (nor would counties along the western side of the state), but those that border Idaho, Wyoming, Colorado, New Mexico and Arizona would. The only neighbor state that still prohibits lotteries is Nevada, which allows other forms of legalized gambling.

Rep. Birkeland insists she is not creating a new incentive for people, but stopping them from crossing the border into another state (and maybe throwing a little business to rural Utah communities that could benefit from ticket sales).

"There's still those saying that this is, you know, really going to decay morally our state and to them I just hope that this compromise is showing we're not again, changing behaviors, we're just capturing those same behaviors within our state limits," she said.

The proposed constitutional amendment would be introduced in the 2025 Utah State Legislature. If it passes, voters would decide the issue on the 2026 general election ballot.