Official Summary Text
Present law describes situations in which an employer may not allow, permit, or authorize an employee to operate a commercial motor vehicle in the United States. This bill expands the prohibitions by adding that an employer must not knowingly allow, per
mit, or authorize an employee to operate a commercial motor vehicle in the United States during any period in which the employee is unlawfully present in the United States.
NEW MISDEMEANOR OFFENSE
This bill makes it an offense (i) for a person to knowingly allow a person who is unlawfully present in the United States to operate a commercial motor vehicle in this state; and (ii) for a person who is unlawfully present in the United States to operate
a commercial motor vehicle in this state. This bill classifies these offenses as Class A misdemeanors, which are punishable by imprisonment of not greater than 11 months, 29 days; a fine not greater than $2,500; or both. A law enforcement officer who a
rr
ests a person that is unlawfully present in the United States for operating a commercial motor vehicle must notify the officer's law enforcement agency of the arrest, and the law enforcement agency must then notify federal immigration authorities of the a
rrest.
STRICT LIABILITY
This bill provides that an employer who knowingly allows a person who is unlawfully present in the United States to operate a commercial motor vehicle, and any official or employee of any state who issues a commercial driver license to a person knowing t
hat the person is unlawfully present in the United States, is strictly, absolutely, jointly, and severally liable to any person who suffers a personal injury or property damage caused by the unlawfully present person's operation of a commercial motor vehi
cl
e. An injured person may recover all of the following (i) compensatory damages, (ii) punitive damages of not less than $1 million, and (iii) court costs and reasonable attorney's fees. Further, the law of Tennessee must apply to any tort action arising
out of an unlawfully present person's operation of a commercial motor vehicle in this state, and any contractual choice-of-law provisions that require the application of the laws of a different jurisdiction are void as against public policy.
NEW CAUSES OF ACTION FOR THE ATTORNEY GENERAL
This bill provides that the attorney general has a cause of action to sue (i) an employer that knowingly allows, permits, or authorizes an employee to operate a commercial motor vehicle in the United States during any period in which the employee is unla
wfully present in the United States; and (ii) any state or an official or employee of any state who issues a commercial driver license to a person knowing that the person is unlawfully present in the United States, or who fails to take appropriate precaut
io
ns to ensure that a commercial driver license is not issued to a person unlawfully present in the United States. In these actions, the attorney general may recover (i) declaratory and injunctive relief, (ii) civil penalties of not less than $1 million fr
om each violating employer, and (iii) court costs and reasonable attorney's fees from the violating employer.
QUI TAM ENFORCEMENT
This bill authorizes a qui tam plaintiff to bring a civil action for the same causes of action as the attorney general and to recover the same relief. These actions may only be dismissed with written consent of the court. The qui tam plaintiff may brin
g a suit against any violating person, even if they have not been charged with or convicted of a crime. Complaints filed by a qui tam plaintiff must be filed in camera, and the complaint may remain under seal for up to 60 days. While the complaint is se
al
ed, service must not be made on the defendant. Upon filing the complaint, the qui tam plaintiff must serve a copy of the complaint and a written disclosure of material evidence and information to the attorney general via certified mail. Within 60 days o
f receiving the complaint, the attorney general may elect to intervene and proceed with the action, and the attorney general may request an extension of time for the complaint to remain under seal. A defendant is not required to respond to a complaint un
ti
l 30 days after it is unsealed and served upon them. Once a complaint is unsealed, no other person may bring such an action over the same alleged violations while the original qui tam plaintiff's action is pending.
Before the expiration of the time during which the complaint is under seal, this bill requires the attorney general to notify the court whether it intends to proceed with the action. If the attorney general proceeds with the action, then the attorney ge
neral has the primary responsibility for prosecuting the action. However, the qui tam plaintiff has the right to continue as a full party to the action, and the action may not be dismissed or settled over the qui tam plaintiff's objections. If the attor
ne
y general proceeds with an action brought by a qui tam plaintiff, then the qui tam plaintiff is entitled to receive at least 25%, but not more than 33%, of the proceeds of the action, depending on the qui tam plaintiff's contribution.
If the attorney general elects not to proceed with the action then this bill provides that the qui tam plaintiff has the same right to conduct the action as the attorney general would have. The qui tam plaintiff is entitled to receive an amount from the
proceeds of the action that the court decides is reasonable for collecting the civil penalty on behalf of the government. The amount must be at least 35% but not more than 50% of the proceeds.
This bill clarifies that the outcome of any criminal prosecution does not preclude a civil action brought by a qui tam plaintiff. Further, any judgment for the defendant in a qui tam action does not preclude a criminal prosecution or other civil action.
Qui tam civil actions brought under this bill are not subject to the Tennessee Public Participation Act and may be brought in (i) the county in which all or a substantial part of the events or omissions giving rise to the claim occurred, (ii) the county
of
residence for any natural person defendant at the time the cause of action accrued, (iii) the county of the principal office in this state of any defendant at the time the cause of action accrued, or (iv) the county of residence for the qui tam plaintiff
if the qui tam plaintiff is a natural person residing in this state. Additionally, qui tam actions under this bill must not be transferred to a different venue without the written consent of all parties.
ON APRIL 2, 2026, THE SENATE ADOPTED AMENDMENT #2 AND PASSED SENATE BILL 1587, AS AMENDED.
AMENDMENT #2 r
evises this bill's provisions concerning operation of commercial motor vehicles by persons unlawfully present in the U.S. and strict liability for accidents committed by illegal aliens. This amendment deletes this bill's provisions concerning civil penal
ties and qui tam actions.
Instead of making it a Class A misdemeanor for a person to knowingly allow a person who is unlawfully present in the U.S. to operate a commercial motor vehicle in Tennessee, this amendment makes it a Class A misdemeanor for a
direct employer to knowingly employ and allow a person unlawfully present in the U
.
S
.
to operate a commercial motor vehicle in
Tennessee
.
For purposes of this amendment "direct employer":
(
1
) Means the person or entity that hires, compensates, and exercises direct supervisory control over an individual operating a commercial motor vehicle; and
(
2
) Does not include customers, shippers, consignees, brokers, or entities that contract for transportation services, but do not directly employ the individual operating a commercial motor vehicle
.
This amendment limits the circumstances under which
it
is
a Class A misdemeanor for a person who is unlawfully present in the U.S. to operate a commercial motor vehicle in Tennessee to situations in which
the operation of the vehicle requires the operator to be issued and possess a valid
CDL
.
This amendment retains this bill's requirement for notification of federal immigration authorities when a person is arrested for committing such offense.
A
person or entity that does not employ the person operating the commercial motor vehicle and does not have the legal authority to verify employment authorization for that person
does not commit an offense under this amendment
.
Under this amendment, a
direct employer who knowingly employs and permits a person unlawfully present in the U
.
S
.
to operate a commercial motor vehicle, and any official or employee of any state who recklessly issues a
CDL
to a person unlawfully present in the U
.
S
.,
are strictly, jointly, and severally liable to any person who suffers personal injury or property damage caused by the unlawfully present person's operation of a commercial motor vehicle. A person so injured is entitled to recover:
(1) Compensatory damages
, in
cluding, but not limited to, noneconomic damages;
(2) Punitive damages,
if appropriate; and
(3) Court costs and reasonable attorney's fees.
A direct employer is presumed to have not acted knowingly if the direct employer is in compliance with
present law
employment and verification requirements
.
This
amendment
does not impose liability on a person or entity that does not employ the person operating the commercial motor vehicle and does not have the legal authority to verify employment authorization for that person.
This amendment specifies that this bill's provisions concerning strict liability apply
to any tort action arising out of an unlawfully present person's operation of a commercial motor vehicle in
Tennessee and that
any contractual choice-of-law provision that requires or purports to require application of the laws of a different jurisdiction is void as against public policy, and is not enforceable in any court.
This
amendment specifies that
, unless policy provisions of an employer's liability insurance policy expressly provide coverage for a claim created by this
bill
, an employer's liability insurance policy must not be construed to cover an employer's liability arising under this
bill
.
Current Bill Text
Read the full stored bill text
SENATE BILL 1587
By Johnson
HOUSE BILL 1706
By Zachary
HB1706
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- 1 -
AN ACT to amend Tennessee Code Annotated, Title 55,
Chapter 50, relative to unlawful presence in the
United States.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 55-50-403, is amended by adding
the following as a new subdivision:
(5) In which the employee is unlawfully present in the United States.
SECTION 2. Tennessee Code Annotated, Section 55-50-403, is amended by
designating the existing language as subsection (a) and adding the following as new
subsections:
(b)
(1) It is an offense for a person to knowingly allow a person who is
unlawfully present in the United States to operate a commercial motor vehicle in
this state.
(2) It is an offense for a person who is unlawfully present in the United
States to operate a commercial motor vehicle in this state.
(3) A violation of this subsection (b) is a Class A misdemeanor.
(c) A law enforcement officer who arrests a person for a violation of subdivision
(b)(2) shall notify the officer's law enforcement agency of the arrest, and the agency shall
ensure that federal immigration authorities are notified, either through the agency's
participation in the 287(g) program pursuant to the Immigration and Nationality Act (8
U.S.C. § 1357(g)) or by contacting the centralized immigration enforcement division of
the department of safety, created in § 4-3-2014.
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SECTION 3. Tennessee Code Annotated, Title 55, Chapter 50, Part 4, is amended by
adding the following as a new section:
55-50-419. Strict liability for accidents committed by illegal aliens.
(a) An employer who knowingly allows a person unlawfully present in the United
States to operate a commercial motor vehicle, and any official or employee of any state
who issues a commercial driver license to a person knowing that the person is unlawfully
present in the United States, shall be strictly, absolutely, jointly, and severally liable to
any person who suffers personal injury or property damage caused by the unlawfully
present person's operation of a commercial motor vehicle. A person so injured is
entitled to recover:
(1) Compensatory damages;
(2) Notwithstanding § 29-39-104, punitive damages of not less than one
million dollars ($1,000,000); and
(3) Court costs and reasonable attorney's fees.
(b) Notwithstanding any other law, the law of Tennessee applies to any tort
action arising out of an unlawfully present person's operation of a commercial motor
vehicle in this state. Notwithstanding any other law, any contractual choice-of-law
provision that requires or purports to require application of the laws of a different
jurisdiction shall be void as against public policy, and shall not be enforceable in any
court.
SECTION 4. Tennessee Code Annotated, Title 55, Chapter 50, Part 4, is amended by
adding the following as a new section:
55-50-420. Civil penalties and qui tam enforcement.
(a) The attorney general and reporter shall have a cause of action to sue:
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(1) An employer that knowingly allows, permits, or authorizes an
employee to operate a commercial motor vehicle in the United States during any
period in which the employee is unlawfully present in the United States; and
(2) Any state or an official or employee of any state who issues a
commercial driver license to a person knowing that the person is unlawfully
present in the United States, or who fails to take appropriate precautions to
ensure that a commercial driver license is not issued to a person unlawfully
present in the United States.
(b) In an action brought under subsection (a), the attorney general and reporter
is entitled to recover:
(1) Declaratory and injunctive relief;
(2) Civil penalties of not less than one million dollars ($1,000,000) from
each employer who violates subdivision (a)(1); and
(3) Court costs and reasonable attorney's fees from any employer that
violates subdivision (a)(1).
(c) A person may bring a civil action for a violation of this section on behalf of the
person and for the state of Tennessee in the name of the state, and the person is
entitled to recover the relief described in subsection (b). The person bringing the action
shall be referred to as the qui tam plaintiff. Once filed, the action may be dismissed only
with the written consent of the court, taking into account the best interests of the parties
involved and the public purposes behind this section. A qui tam plaintiff may bring suit
against any person who violates this section, regardless of whether that person has
been charged or convicted of a crime.
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(d) A complaint filed by a qui tam plaintiff under subsection (c) must be filed in
circuit or chancery court in camera and may remain under seal for up to sixty (60) days.
No service shall be made on the defendant until after the complaint is unsealed.
(e) On the same day as the complaint is filed pursuant to subsection (d), the qui
tam plaintiff shall serve by registered or certified mail, return receipt requested, the
attorney general and reporter with a copy of the complaint and a written disclosure of
substantially all material evidence and information the person possesses.
(f) Within sixty (60) days after receiving a complaint, the attorney general and
reporter may elect to intervene and proceed with the action.
(g) The attorney general and reporter may, for good cause shown, move the
court for extensions of the time during which the complaint remains under seal pursuant
to subsection (d). The motion may be supported by affidavits or other submissions in
camera.
(h) Before the expiration of the sixty-day period or any extensions obtained
under subsection (g), the attorney general and reporter shall do either of the following:
(1) Notify the court that it intends to proceed with the action, in which
case the action shall be conducted by the attorney general and reporter and the
seal shall be lifted; or
(2) Notify the court that it declines to proceed with the action, in which
case the seal shall be lifted and the qui tam plaintiff shall have the right to
conduct the action.
(i) The defendant shall not be required to respond to any complaint filed under
this section until thirty (30) days after the complaint is unsealed and served upon the
defendant.
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(j) When a person brings a qui tam action under subsection (c), no other person
may bring a qui tam action over the same alleged violation of this section after the
complaint is unsealed while the original qui tam plaintiff's action is pending.
(k) If the attorney general and reporter proceeds with the action, the attorney
general and reporter shall have the primary responsibility for prosecuting the action. The
qui tam plaintiff has the right to continue as a full party to the action, and the attorney
general and reporter may not dismiss or settle the action over the objections of the qui
tam plaintiff.
(l) If the attorney general and reporter elects not to proceed, then the qui tam
plaintiff has the same right to conduct the action as the attorney general and reporter
would have had if it had chosen to proceed under subsection (k). If the attorney general
and reporter so requests, and at its expense, the attorney general and reporter shall be
served with copies of all pleadings filed in the action and supplied with copies of all
deposition transcripts.
(m) If the attorney general and reporter proceeds with an action brought by a qui
tam plaintiff, the qui tam plaintiff is entitled to receive at least twenty-five percent (25%)
but not more than thirty-three percent (33%) of the proceeds of the action or settlement
of the claim, depending upon the extent to which the qui tam plaintiff substantially
contributed to the prosecution of the action and as determined by the attorney general
and reporter. If the attorney general and reporter does not proceed with an action under
subsection (k), then the qui tam plaintiff is entitled to receive an amount that the court
decides is reasonable for collecting the civil penalty on behalf of the government. The
amount must be at least thirty-five percent (35%) and not more than fifty percent (50%)
of the proceeds of the action or settlement and is to be paid out of these proceeds.
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(n) Notwithstanding any other law, the outcome of any criminal prosecution or
other civil action brought under this section does not preclude a civil action brought
under subsection (c), and any judgment for the defendant in a civil action brought under
subsection (c) does not preclude a criminal prosecution or other civil action.
(o) Notwithstanding any other law, a civil action under this section is not subject
to the Tennessee Public Participation Act, compiled in title 20, chapter 17.
(p) Notwithstanding title 20, chapter 4, or any other law, a civil action under this
section may be brought in:
(1) The county in which all or a substantial part of the events or
omissions giving rise to the claim occurred;
(2) The county of residence for any natural person defendant at the time
the cause of action accrued;
(3) The county of the principal office in this state of any defendant that is
not a natural person; or
(4) The county of residence for the qui tam plaintiff if the qui tam plaintiff
is a natural person residing in this state.
(q) A civil action under this section that is brought in a venue described in
subsection (p) shall not be transferred to a different venue without the written consent of
all parties.
SECTION 5. The headings in this act are for reference purposes only and do not
constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
requested to include the headings in any compilation or publication containing this act.
SECTION 6. This act takes effect July 1, 2026, the public welfare requiring it.