Recently, Tennessee lawmakers announced SB1587/HB1706 for the stated purpose of addressing illegal immigration. Some of the pertinent provisions of the proposed legislation are as follows:

• The proposed legislation creates an exemption to the current punitive damages cap when a company is sued as a result of an accident caused by an “unlawfully present” CDL holder. Punitive damages would start at a minimum of $1,000,000, rather than being capped at twice the amount of compensatory damages or $500,000. Attorney’s fees may also be awarded.
• The proposed legislation also creates a strict, absolute, and joint and several liability in accidents caused by persons unlawfully present in the United States operating commercial vehicles, as well as against employers who knowingly allow such a person to operate a commercial vehicle.
• The legislation also makes it an offense for a person unlawfully present in the United States to operate a CMV in Tennessee. Violations of these provisions are Class A misdemeanors, applying to both the person who knowingly allowed the operation and the person unlawfully operating the CMV.
• The proposed legislation also establishes a new cause of action to fine employers, officials, or anyone who “knowingly” allows or assists in issuing a CDL to a person who is “unlawfully present” in Tennessee. The legislation imposes a minimum fine of $1,000,000, regardless of whether an accident has occurred. It
  allows the Attorney General—or even a private citizen (whistleblower) on behalf of the state of Tennessee—to bring an action.
• The legislation provides that if a law enforcement officer arrests a person for unlawfully operating a CMV, the officer’s agency must ensure that federal immigration authorities are notified.
• The proposed legislation mandates that Tennessee law governs all related tort claims, voiding any contractual choice-of-law provisions.