Current Status
The next possible chance for this issue to be on the ballot is during the 2014 Gubernatorial race. It must pass in both the 106th and 107th General Assemblies to make that possible.
Background
Legal Authority - Article VI, Section 14, of the Tennessee Constitution provides that:
No fine shall be laid on any citizen of this State that shall exceed fifty dollars, unless it shall be assessed by a jury of his peers, who shall assess the fine at the time they find the fact, if they think the fine should be more than fifty dollars.
This provision was part of the state's original constitution written in 1796, and it still exists today. The state constitution also provides two different methods of amendment: 1) A constitutional convention may be called; and 2) Two subsequent General Assemblies must approve resolutions proposing a constitutional amendment, and the resolution must be approved by a majority of the voters voting in the next gubernatorial election.
TML efforts
In the past, TML pursued change by introducing a constitutional amendment, since a constitutional convention is typically called to deal with broad issues like taxation or public education. The effort was called "Question 2," as it was listed as the second constitutional item to be considered by voters on the November 5, 2002, general election ballot. Although "Question 2" received more "yes" votes than "no" votes during this election, the measure failed, as it did not receive the majority of the votes cast for governor.
During the 103rd General Assembly, TML introduced a new constitutional amendment that passed 22-5 in the Senate. In the House, the $50 fine amendment became embroiled in debates on unrelated constitutional amendments involving same sex marriage and abortion. Consequently, it failed in the House Calendar & Rules committee in May 2004.
Court action
Cities received a favorable vote in the case of King v. Town of Nolensville from the Court of Appeals, where the court held that a defendant in a municipal court has the right to a de novo appeal (completely new hearing), to the circuit court, where a jury would be available.
The case was appealed to the Supreme Court, which reversed the opinion of the Court of Appeals on December 16, 2004, stating that the $50 limit still applied and that it would be up to the General Assembly and the people of Tennessee to change the provision of the state constitution prohibiting any fine in excess of $50 unless it is assessed by a jury.
Implications
The 1796 prohibition is still in effect today, and municipalities cannot charge more than $50, even for major health and safety violations like environmental dumping, fire hazards, and failure to comply with building codes.
