SB 1587

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 arr 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 unlawfully present in the United States ; and (ii) a ny 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 precautio 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 from 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 o f 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 plaintif f 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.