Tennessee § 62-26-301 - Creation — Members — Terms — Vacancies.

§ 62-26-301. Creation — Members — Terms — Vacancies.

There is created the Tennessee private investigation and polygraph commission, referred to as the “commission” in this part, which shall consist of nine (9) members appointed by the governor, each of whom shall be a resident of this state and shall possess good moral character. Seven (7) of the members shall each have been principally engaged as private investigators in this state for at least five (5) years prior to the date of their appointment and shall be of recognized business standing. Of the remaining two (2) members of the commission, one (1) member shall be a polygraph examiner licensed pursuant to chapter 27 of this title and one (1) member shall be a person who is not engaged in or conducting the business of or acting in the capacity of a private investigator or polygraph examiner, and who has no commercial or professional association with the private investigation or polygraph examiner professions or industries, either directly or indirectly. Initially, the governor shall appoint one (1) such member for a term of three (3) years. Thereafter, the members shall be appointed for terms as provided in subsection (d). Notwithstanding § 3-6-304 or any other law to the contrary, and in addition to all other requirements for membership on the commission: Any person registered as a lobbyist pursuant to the registration requirements of title 3, chapter 6 who is subsequently appointed or otherwise named as a member of the commission shall terminate all employment and business association as a lobbyist with any entity whose business endeavors or professional activities are regulated by the commission, prior to serving as a member of the commission. This subdivision (d)(1)(A) shall apply to all persons appointed or otherwise named to the commission after July 1, 2010; No person who is a member of the commission shall be permitted to register or otherwise serve as a lobbyist pursuant to title 3, chapter 6 for any entity whose business endeavors or professional activities are regulated by the commission during such person's period of service as a member of the commission. This subdivision (d)(1)(B) shall apply to all persons appointed or otherwise named to the commission after July 1, 2010, and to all persons serving on the commission on such date who are not registered as lobbyists; and No person who serves as a member of the commission shall be employed as a lobbyist by any entity whose business endeavors or professional activities are regulated by the commission for one (1) year following the date such person's service on the commission ends. This subdivision (d)(1)(C) shall apply to persons serving on the commission as of July 1, 2010, and to persons appointed to the commission subsequent to such date. A person who violates this subsection (d) shall be subject to the penalties prescribed in title 3, chapter 6. The bureau of ethics and campaign finance is authorized to promulgate rules and regulations to effectuate the purposes of this subsection (d). All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and in accordance with the procedure for initiating and proposing rules by the ethics commission to the bureau of ethics and campaign finance as prescribed in § 4-55-103. All members of the commission shall be appointed for a term of five (5) years and until their successors are appointed and qualified by subscribing to the constitutional oath of office, which shall be filed with the secretary of state. Any vacancy occurring on the commission shall be filled by the governor for the unexpired term. No members shall be appointed to succeed themselves for more than one (1) full term. The governor may remove any member of the commission for misconduct, incompetency or willful neglect of duty. At least two (2) members, but no more than three (3), shall be appointed from each grand division of the state. In making appointments to the commission, the governor shall strive to ensure that at least one (1) person serving on the commission is sixty (60) years of age or older and that at least one (1) person serving on the commission is a member of a racial minority. Acts 1991, ch. 457, § 23; 1993, ch. 511, §§ 23, 24; 1999, ch. 253, §§ 2, 3, 4; 2010, ch. 1012, §§ 3, 4. Compiler's Notes. The private investigation and polygraph commission, created by this section, terminates June 30, 2024. See §§ 4-29-112 , 4-29-245 . Acts 1999, ch. 252, § 8(a) provided that all staff, staff positions, offices, equipment, supplies, property, funds and other resources of the board of polygraph examiners shall be transferred to the private investigation and polygraph commission. Acts 2010, ch. 1012, § 5 provided that the provision of the act prohibiting a member who is not engaged in the practice of private investigating or polygraph examining, and who has no direct or indirect affiliation with the private investigation or polygraph examiner professions or industries from serving on the commission shall apply to all member appointments made to the commission after July 1, 2010. Cross-References. Grand divisions, title 4, ch. 1, part 2.