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Kentucky constitutional amendment requires voter approval for all new taxes and fees and caps government spending

Original title: AN ACT proposing to create a new section of the Constitution of Kentucky relating to limits on government spending and taxation.

Last action · January 14, 2026: to Elections, Const. Amendments & Intergovernmental Affairs (H)Sponsors: T.J. Roberts and 3 others

Introduced
Committee
Floor Vote
Passed
Law

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Public stanceCommunity reactions are separate from the official record and reporting.

What This Bill Proposed

HB 74 proposes a constitutional amendment requiring voter approval through a ballot question prior to any new tax, fee, rate increase, or tax extension taking effect across all state and local government levels. The measure also restricts annual government spending growth to inflation plus population changes, requires a 3% emergency reserve, and mandates pro-rata tax refunds for revenues collected above the spending limit.

Why it matters

Residents gain direct ballot control over all local and state fee and tax increases while taxpayers receive mandatory refunds whenever government revenue exceeds newly established inflation-and-population spending caps.

Background
  • The Kentucky General Assembly is the state's bicameral legislature responsible for proposing constitutional amendments for voter ratification. context

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Kentucky Taxpayers

Taxpayers receive mandatory pro-rata refunds for excess government revenues, must vote on all new taxes, fees, or rate increases, and are protected by spending caps.

Directly affected

State and Local Government Units

State agencies, counties, municipalities, and special purpose districts face strict spending caps tied to inflation and population and must secure voter approval for fee or tax adjustments.

Directly affected

County Clerks

County clerks are required to place the complete certified text of the constitutional amendment on paper or electronic ballots for voters.

Key Facts

  • All forms of government, including state, county, local, and special districts, must obtain advance voter approval via a ballot question for any new tax, fee, rate increase, or extension of an expiring tax or fee.
  • Ballot questions for taxes or fees must include a short summary, a description of what is taxed, the assessment rate, the median annual cost per taxpayer, the revenue destination, and one neutral statement each in support and opposition.
  • Existing fees at the time of amendment ratification can only be adjusted proportionally based on the Consumer Price Index and population change.
  • The maximum annual percentage change in state fiscal year spending is capped at inflation plus the percentage change in state population from the preceding calendar year.
Show all 10 facts
  • The maximum annual percentage change in spending for each local government unit is capped at local inflation plus local population change.
  • Tax revenues exceeding the spending limits must be refunded pro rata to taxpayers at the beginning of the following fiscal year unless voters approve an offset.
  • Each unit of government must maintain an emergency reserve of at least 3% of its fiscal year spending, excluding bonded debt service.
  • Emergency taxes or tax increases may be implemented during a fiscal emergency only by a two-thirds majority recorded roll call vote in each house of the General Assembly.
  • Emergency tax revenue can only be spent after emergency reserves are depleted and must be refunded within 180 days after the emergency ends if unspent.
  • The Secretary of State must publish the proposed constitutional amendment in a newspaper of general circulation no later than the first Tuesday in August preceding the election.

Frequently Asked Questions

What happens if a local government collects more tax revenue than its spending cap allows?
The excess revenue must be refunded to the taxpayers at the beginning of the following fiscal year unless voters approve a revenue change as an offset.
How are existing fees adjusted if the amendment passes?
All existing fees can only be adjusted proportionally to changes in the and local population changes.
Can emergency taxes be implemented without voter approval?
Yes, but only during a fiscal emergency declared by a two-thirds majority of each house of the General Assembly, and such taxes expire if not approved by voters at the next eligible election.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

This bill did not become law - Died at adjournment · in House committee.

Procedural history

2 actions
  1. Jan 14, 2026HouseCommittee
    to Elections, Const. Amendments & Intergovernmental Affairs (H)
  2. Jan 7, 2026HouseIntroduced
    introduced in House to Committee on Committees (H)

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift95% confidence

Shift to Direct Voter Control over Local Fees

The amendment removes unilateral authority from local governing bodies and special districts to adjust fees, requiring public referendums for all rate increases.

Connected Entities

General Assembly, Secretary of State, United States Department of Labor and 1 more
OrganizationGeneral Assembly“Legislative body enacting the act to propose the constitutional amendment.”Map →
OrganizationSecretary of State“Responsible for publishing and certifying the ballot question to county clerks.”Map →
OrganizationUnited States Department of Labor“Publishes the Consumer Price Index used for proportional fee adjustments.”Map →
OrganizationBureau of Labor Statistics“Agency within the Department of Labor publishing the Consumer Price Index.”Map →

Sources

Open source document

apps.legislature.ky.gov

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 90)
  • Controversy85
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz60
    Current news / social attention level

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