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Tennessee Weighs $1M Liability Tied to Undocumented Drivers
Proposal Would Add Strict Penalties and Federal Notification Requirements for CMV Arrests
Key Takeaways:
- Tennessee lawmakers introduced companion bills that add criminal penalties and strict civil liability for undocumented individuals operating commercial vehicles.
- The legislation allows injured parties to seek compensatory and punitive damages of at least $1 million.
- Qui tam provisions would enable private plaintiffs to sue on behalf of the state and receive a share of awarded damages.
Tennessee lawmakers are pushing legislation that would fine motor carriers $1 million if their undocumented drivers operate a commercial motor vehicle that causes personal injury or property damage.
To increase its chances of passing, the Republican-backed legislation has been introduced as two identical bills moving through both chambers in Tennessee’s ongoing 114th General Assembly.
and House Bill 1706 would amend Tennessee state law “relative to unlawful presence in the United States.”
The Senate version was introduced by businessman Sen. Jack Johnson, while the House version is led by Rep. Jason Zachary and 61 co-sponsors.
“Honored to stand with my Republican colleagues as we announced a comprehensive legislative package to address illegal immigration in [Tennessee],” Zachary announced Jan. 15 alongside Johnson when introducing HB1706. “Public safety, preservation of state resources and stewardship of taxpayer dollars are the top priorities of our efforts. Under President Trump’s leadership, we have finally taken the necessary steps to preserve our borders and the rule of law.”
Honored to stand with my Republican colleagues as we announced a comprehensive legislative package to address illegal immigration in TN.
Public safety, preservation of state resources and stewardship of taxpayer dollars are the top priorities of our efforts. Under President… — Rep. Jason Zachary (@JasonZacharyTN)
The legislation contains three key provisions. It would create a Class A misdemeanor for a person to operate a commercial motor vehicle if unlawfully present in the United States. This offense carries a penalty of no more than 11 months, 29 days imprisonment, a fine up to $2,500, or both.
The bills would require law enforcement agencies to notify federal immigration agents when arresting an undocumented person operating a CMV in Tennessee. Another key provision seeks to establish strict motor carrier liability for CMV accidents involving their drivers if they lack legal U.S. residence.
“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,” the legislation notes.
Anyone injured in such circumstances would be entitled to recover:
- Compensatory damages
- Punitive damages of not less than $1 million
- Court costs and reasonable attorneys fees
In addition, a person — known as a “qui tam” plaintiff — can initiate a lawsuit for a violation of the proposed law on behalf of themselves and the state of Tennessee. The legal term qui tam means injured parties in a government prosecution can receive all or part of financial damages awarded in court.
“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,” according to the legislation.
The bills also stipulate minimum court award and settlement amounts that qui tam plaintiffs must receive:
- Between 25% and 33% of a lawsuit or settlement of the claim depending on how much the plaintiff substantially contributed to the government’s prosecution.
- From 35% to 50% of a lawsuit or settlement if the government does not proceed with a court case.
Both bills are winding through the Legislature. State senators have passed both first and second considerations for SB1587, which was referred Jan. 14 to the Senate Judiciary Committee.
Meanwhile, HB1706 was assigned Jan. 22 to a House Transportation subcommittee.
If either bill is passed in the Legislature and enacted by the governor, the effective date is July 1.
