Tennessee § 49-7-204 - Composition.

§ 49-7-204. Composition.

The commission shall consist of a total of ten (10) appointed voting members. The governor shall appoint six (6) voting members, the speaker of the senate shall appoint one (1) voting member, the speaker of the house of representatives shall appoint one (1) voting member, and the speakers shall jointly appoint one (1) voting member. In addition, the governor shall appoint one (1) voting student member each year, from a list of three (3) nominees selected and submitted by the commission no later than April 15. The student member shall serve for a term of one (1) year, commencing on July 1 and concluding on June 30. The student member must remain enrolled in good standing at a public institution of higher education in this state for the duration of the student's term on the commission, except that a student member who graduates during the student's term on the commission may complete that term. The student member shall be a resident of this state. The chancellor of the board of regents and the president of the University of Tennessee system may each submit no more than two (2) qualified candidates, and the presidents of the state universities may each submit one (1) qualified candidate, to the commission for consideration each year. All candidates shall be submitted to the executive director no later than November 15. The chancellor and presidents are encouraged to facilitate the participation of campus student government associations in the candidate selection process. Nothing in this section shall be construed to terminate a student member who was appointed prior to March 23, 2018. The comptroller of the treasury, the secretary of state, and the state treasurer shall serve as ex officio, voting members of the commission. The executive director of the state board of education shall serve as an ex officio, nonvoting member of the commission. Except for ex officio members and student members, membership shall be for a six-year term. To transition from appointment of all members by the governor to appointment of members by the governor, the speaker of the senate, and the speaker of the house of representatives, when the first vacancy occurs or the first term expires after July 1, 2016, the speaker of the senate shall appoint the member to fill the vacancy. When the second vacancy occurs or the next term expires, the speaker of the house of representatives shall appoint the member to fill the vacancy. When the third vacancy occurs or the next term expires, the speaker of the senate and the speaker of the house of representatives shall jointly appoint the member to fill the vacancy. As the governor, speaker of the senate, and speaker of the house of representatives appoint voting members, other than the student members, the governor, the speaker of the senate, and the speaker of the house of representatives shall appoint the voting members so that the three (3) grand divisions are represented equally. No member of the commission serving on July 1, 2016, shall have the member's term cut short because of subdivision (a)(3)(A). When the nine (9) voting members, other than the student member, have been appointed so that the three (3) grand divisions are represented equally, the appointing authorities, in filling vacancies, shall subsequently appoint a person from the grand division in which the member who previously filled the position resided. Members shall be eligible for reappointment. The appointing authorities shall strive to appoint members to the commission in a manner that is representative of the diversity of the citizens of the state. Except as provided in subdivision (a)(2)(B), any vacancy on the commission shall be filled by appointment of the authority who originally made the appointment. Vacancies, except for expiration of a term, shall be filled for the unexpired term only. Except for members appointed before July 1, 2016, the place of any member on the commission shall be vacated at such time as the member ceases to reside in the grand division in which the member resided at the time of appointment. Except as provided in subsection (a), no commission member shall be an elected or appointed official or employee of the state, nor a trustee, officer or employer of a public institution of higher learning in this state while a member of the commission. A student member is exempt from this subsection (c). The commission's first meeting after all members have been appointed shall be upon the call of the governor. The commission thereafter shall meet at least four (4) times each year. Meetings of the commission shall be made available for viewing by the public over the internet by streaming video accessible from the commission's website. Archived videos of the commission's meetings shall also be available to the public through the commission's website. The commission shall elect from its number a chair and such other officers as it deems appropriate, shall determine their terms as officers of the commission and shall adopt rules for its organization and the conduct of its business. Commission members shall receive no compensation for their services, but shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. Acts 1967, ch. 179, §§ 5, 7; 1973, ch. 120, § 2; 1975, ch. 287, § 1; 1976, ch. 806, § 1(77); 1977, ch. 8, § 4; 1981, ch. 533, §§ 1, 2; T.C.A., §§ 49-4205, 49-4207; Acts 1984 (1st E.S.), ch. 6, § 24; 1988, ch. 839, § 1; 1988, ch. 1013, § 19; 1990, ch. 938, § 1; 1993, ch. 304, § 1; 1994, ch. 731, § 2; 1994, ch. 834, §§ 1, 3; 1994, ch. 954, §§ 1-3; 1995, ch. 96, §§ 1, 2; 1996, ch. 813, §§ 1-10; 2001, ch. 369, § 1; 2010, ch. 1051, § 2; 2016, ch. 869, § 34; 2018, ch. 602, §§ 14, 15. Code Commission Notes. Former subdivisions (a)(4)(A) and (a)(4)(C), concerning the filling of vacancies by the governor to ensure the representation of each congressional district, were deleted as obsolete by the code commission in 2009. Compiler's Notes. Acts 2010, ch. 1051, § 5 provided that the costs of providing streaming video of meetings of the state board of education, the Tennessee higher education commission, the Tennessee board of regents and the board of trustees of the University of Tennessee system shall be absorbed within the existing budget of the respective entity. Acts 2016, ch. 869, § 33 provided that the state university boards are authorized to promulgate rules to effectuate the purposes of this act. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Cross-References. Grand divisions, title 4, ch. 1, part 2. Attorney General Opinions. Vacancies on commission, OAG 96-132, 1996 Tenn. AG LEXIS 152 (11/14/96).