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SJR 86

Constitutional Amendments - Proposes an amendment to Article VI, Section 14, of the Tennessee Constitution to authorize municipalities to impose a civil penalty for a violation of a municipal ordinance not to exceed an amount prescribed by the general assembly. -

114th Regular Session (2025-2026) Introduced by Jeff Yarbro

Tennessee would amend its constitution to allow cities to impose civil penalties for local ordinance violations, capped at amounts the state legislature sets.

Passed on Second Consideration, refer to Senate Judiciary Committee
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Bill Summary · SJR 86

Legislative bill overview

SJR 86 proposes a constitutional amendment to Article VI, Section 14 of the Tennessee Constitution that would allow municipalities to impose civil penalties for violations of local ordinances, with the maximum penalty amount to be set by the state legislature. Currently, the constitution appears to limit or restrict municipalities' authority to impose such penalties without specific legislative authorization.

Why is this important

This amendment would expand local government autonomy by enabling cities and towns to enforce their own ordinances more effectively through civil penalties rather than solely relying on criminal prosecution or state-level approval. This could streamline municipal code enforcement for issues like zoning violations, building code breaches, and public nuisance violations while generating local revenue.

Potential points of contention

  • State control vs. local autonomy: While the amendment grants municipalities penalty authority, the legislature retains ultimate control by setting maximum penalty amounts, which could limit local government flexibility or create disparities across Tennessee cities
  • Due process concerns: Civil penalties have lower evidentiary standards than criminal penalties, raising questions about fair treatment and whether property owners have adequate procedural protections
  • Revenue implications: Opponents may worry this creates incentive for municipalities to over-enforce ordinances to generate revenue, while supporters may view it as essential funding for local services

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

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