Kentucky Governor Vetoes Gaming Bill Over Executive Power Dispute

Posted on: April 14, 2026, 10:39h. 

Last updated on: April 15, 2026, 10:01h.

UPDATE: The Kentucky General Assembly has overridden Beshear’s veto, and HB904 will become law.


  • Kentucky’s minimum sports betting age will remain at 18, at least for the time being
  • Gov. Andy Beshear vetoed a bill to overhaul sports betting in Kentucky
  • The Republican General Assembly could override the governor

Kentucky Governor Andy Beshear has vetoed a bill aimed at overhauling the way sports betting is regulated in the Bluegrass State.

Kentucky gaming bill sports betting Andy Beshear
Kentucky Gov. Andy Beshear has pumped the brakes on legislation to increase the minimum sports betting age from 18 to 21. His veto, however, was due to the bill’s language that would have provided the Kentucky Lottery Corporation and Kentucky Horse Racing and Gaming Corporation with emergency regulatory powers without consulting the governor’s office. (Image: Getty)

On April 13, Beshear vetoed House Bill 904 also known as the Wagering Consumer Protection Act, which proposed raising the minimum age to bet on sports from 18 to 21.

HB904 additionally suggested banning player props involving Kentucky colleges and authorizing fixed-odds wagering in horse racing.

Beshear didn’t take issue with those components but a stipulation of HB904 that would provide the Kentucky Lottery Corporation and Kentucky Horse Racing and Gaming Corporation with “emergency or ordinary administrative” powers without first consulting the governor.

It was this stipulation that ultimately caused him to exercise his veto.

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 law through regulation. In that role, the governor reviews proposed emergency regulations to ensure they are necessary and meet legal requirements for emergency filing,” Beshear wrote in his veto message.

“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,” Beshear continued.

18+ Sports Betting Remains

Pending a possible override by the GOP-controlled General Assembly, which has the majorities needed to bypass Beshear, the sports betting age in Kentucky will remain at the same age.

Only five states and Washington, DC, allow 18-year-olds to place sports bets. The others are Montana, New Hampshire, Rhode Island, and Wyoming.

Even if the minimum age to place a sports wager in Kentucky were raised to 21, prediction markets, which continue to operate in Kentucky and now offer trading on events involving sports outcomes, allow 18+.

DraftKings and FanDuel are the online sportsbook leaders in Kentucky. During the state’s 2025 fiscal year, DraftKings generated gross revenue of $115.3 million, while FanDuel kept $111.7 million of the bets wagered.

Statewide, sportsbook revenue totaled $284.7 million on $2.72 billion in bets, meaning DraftKings and FanDuel maintained a nearly 80% market share.

Prediction Markets Tax

HB904 did include a provision that would have excluded licensed sportsbooks in Kentucky from operating prediction markets within the state, though they could have continued running such exchanges elsewhere.

Kentucky lawmakers aren’t keen on banning prediction markets, as separate legislation, House Bill 757, recommended taxing the trading platforms by taking a 14.25% cut of their collected transaction fees.

Beshear vetoes line items of HB757 but did not reject the predictive markets tax.