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HJR 12

Constitutional Amendments - Proposes an amendment to Article VI, Section 14 of the Tennessee Constitution to authorize municipalities to impose a civil penalty in excess of $50 for a violation of a municipal ordinance if such penalty is just and reasonable. -

114th Regular Session (2025-2026) Introduced by Aftyn Behn

Proposes Tennessee constitutional amendment raising municipal civil penalty cap above $50 if "just and reasonable," giving cities greater enforcement flexibility but lacking defined limits.

Assigned to s/c Civil Justice Subcommittee
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Bill Summary · HJR 12

Legislative bill overview

HJR 12 proposes a constitutional amendment to allow Tennessee municipalities to impose civil penalties exceeding $50 for municipal ordinance violations, provided the penalties are "just and reasonable." Currently, the Tennessee Constitution caps municipal civil penalties at $50, requiring this amendment to authorize higher fines.

Why is this important

Municipal governments rely on civil penalties to enforce local ordinances (parking violations, building code violations, zoning infractions, etc.). The $50 cap, likely set decades ago, has lost purchasing power due to inflation and may be insufficient to deter violations or fund enforcement. This amendment would give cities greater flexibility to set meaningful penalties tailored to specific violations.

Potential points of contention

  • Vague enforcement standard: The phrase "just and reasonable" lacks objective definition, potentially inviting legal challenges and inconsistent application across municipalities
  • Regressive impact on low-income residents: Higher fines disproportionately burden lower-income citizens and may criminalize poverty-related violations
  • Lack of upper limit: The amendment sets no maximum penalty amount, theoretically allowing municipalities to impose substantial fines without constitutional restraint
  • Local government overreach concerns: Critics may argue this expands municipal power without adequate oversight or appeals mechanisms for citizens challenging penalties

Compiled from official sources — confirm details with the bill’s official record.

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