On Tuesday, the Republican Supermajority in the Kentucky General Assembly cut a swath through the veto powers held by Governor Andy Beshear.
The day before, Beshear put his pen to paper and vetoed 23 bills that were on his desk. Tuesday, the Republican-controlled General Assembly voted to override all 23 vetoes imposed by Beshear, a Democrat.
Among the
last to be overturned
as Tuesday’s session ran late into the day was the veto of House Bill 904. Passage of this bill into law is going to lead to massive changes in the way sports betting and gambling in general operate in the Bluegrass State.
Some of the changes that will be brought about by House Bill 904 include increasing the minimum age to gamble in Kentucky from 18 to 21. Betting on elections will be banned, as will betting the under on any player props involving in-state college athletes. House Bill 904 will also prohibit any licensed sports betting or daily fantasy site operating in Kentucky from also operating a prediction market site in the Bluegrass State.
Among the non-sports betting changes that are part of the bill, fixed-odds wagering on horse racing will be legalized. Peer-to-peer daily fantasy sports sites will be licensed and regulated, and taxed at a 12% rate.
House Bill 904 was passed in the Kentucky House by a 64-19 vote on March 19. The State Senate approved the original version of the bill via an April 1 vote that was 24-13 in favor of passage. That same day, the State House signed off on all alterations that were made to the bill by the State Senate.
Governor Beshear rationalizes his reasoning for vetoing House Bill 904
In his veto notes attached to House Bill 904, Beshear delved into specific detail in explaining his rationale for vetoing the bill. It wasn’t so much what the bill was planning to do as it was about the manner in which lawmakers intended to institute these changes.
“I am vetoing House Bill 904 because it would authorize two Executive Branch agencies, the Kentucky Lottery Corporation and Kentucky Horse Racing and Gaming Corporation, to file emergency and ordinary administrative regulations without the Governor’s review and signature,” wrote Beshear in his veto note.
“Under the Kentucky Constitution, the Governor is the Chief Magistrate of the Executive Branch and has a duty to ensure all laws are faithfully executed, including by agencies carrying out the laws through regulation. In that role, the Governor reviews proposed emergency regulations to ensure they are necessary and meet legal requirements for emergency filing.
“Authorizing an agency to file an emergency regulation in this manner would prevent the Governor from carrying out his constitutional duties and allow boards and agencies to impose rules on Kentuckians without executive oversight, including boards whose decisions impact public safety.”
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