Tennessee § 70-1-201 - Creation — Appointment of members — Terms.

§ 70-1-201. Creation — Appointment of members — Terms.

An independent and separate administrative board of conservation for game, fish and wildlife of the state is created, to be known and referred to as the Tennessee fish and wildlife commission, hereinafter referred to as the “fish and wildlife commission” or the “commission,” to consist of thirteen (13) citizens of this state, which citizens shall be well informed on the subject of the conservation of game animals, birds and fish in this state. Nine (9) of these citizens shall be appointed by the governor, two (2) shall be appointed by the speaker of the senate, and two (2) shall be appointed by the speaker of the house of representatives, each to be appointed within the period provided in this section. In making appointments to the fish and wildlife commission, the governor and the speakers shall strive to ensure that at least one (1) person serving on the commission is sixty (60) years of age or older, at least one (1) person serving on the commission is a member of a racial minority, and at least two (2) persons serving on the commission are female. Except as otherwise provided in this subsection (b), each member shall be confirmed by the agriculture and natural resources committee of the house of representatives and the energy, agriculture and natural resources committee of the senate and by joint resolution of the general assembly prior to beginning a term of office. If the general assembly is not in session at the time a member is appointed to fill a vacancy resulting from the expiration of a term, the member of the commission whose term has expired shall serve until a new appointee is confirmed as provided in subdivision (b)(1). If the general assembly is not in session at the time a member is appointed to fill a vacancy not resulting from the expiration of a term, the new appointee shall serve for the term appointed unless such appointment is not confirmed within sixty (60) calendar days after the general assembly next convenes in regular session following such appointment. If the general assembly is not in session when initial appointments are made, all initial appointments shall serve the terms prescribed pursuant to subdivision (c)(1), unless such appointments are not confirmed within sixty (60) calendar days after the general assembly next convenes in regular session following such appointments. The entire membership of the wildlife resources commission shall be vacated and shall be replaced by new appointments made to the fish and wildlife commission pursuant to this subsection (c). In order to stagger the terms of the newly appointed commission members, initial appointments shall be made as follows: Three (3) of the governor's initial appointments, one (1) from each grand division of the state as provided in § 70-1-204(a), and one (1) initial appointment by each speaker shall be made for a term of two (2) years and eight (8) months; Three (3) of the governor's initial appointments, one (1) from each grand division of the state as provided in § 70-1-204(a), and one (1) initial appointment by each speaker shall be made for a term of four (4) years and eight (8) months; and Three (3) of the governor's initial appointments, one (1) from each grand division of the state as provided in § 70-1-204(a), shall be made for a term of six (6) years and eight (8) months. For purpose of calculating terms, the initial term of office of each commission member shall begin on July 1, 2012. At the conclusion of the initial terms, each regular term of a commission member appointed by a speaker shall be four (4) years and each regular term of a commission member appointed by the governor shall be six (6) years. For purpose of calculating regular terms, each term shall begin on March 1 and shall expire on the last day of February. No commission member shall serve consecutive terms. For the purposes of this subdivision (c)(4), a commission member shall be considered as having served a term if such member has served more than two (2) years of an initial term, regular term or unexpired term on the fish and wildlife commission. A vacancy on the commission shall be filled by the appointing authority making the original appointment for the remainder of any unexpired term or, if a term has expired, for a regular term. Acts 2012, ch. 993, § 1; 2013, ch. 236, § 6. Compiler's Notes. The Tennessee fish and wildlife commission, created by this section terminates June 30, 2022. See §§ 4-29-112 , 4-29-243 . Former part 2, §§ 70-1-201 — 70-1-207 (Acts 1949, ch. 50, §§ 1-5, 13; C. Supp. 1950, §§ 5178.2 – 5178.5 (Williams, §§ 5120.19 – 5120.23, 5120.31); Acts 1953, ch. 254, § 1; modified; 1959, ch. 145, §§ 1, 2; Acts 1971, ch. 197, §§ 1, 2; 1974, ch. 481, §§ 15, 21; 1976, ch. 806, § 1(83); 1978, ch. 509, § 2; 1978, ch. 656, §§ 1, 2; T.C.A. (orig. ed.), §§ 51-101 – 51-105, 51-134; Acts 1984, ch. 548, § 2; 1986, ch. 503, § 1; 1987, ch. 206, §§ 1, 2; 1988, ch. 591, §§ 1-3; 1988, ch. 1013, § 73; 1989, ch. 104, § 1; 1989, ch. 309, § 2; 1995, ch. 261, §§ 1, 2; 1998, ch. 605, § 9; 2003, ch. 61, § 1; 2004, ch. 422, §§ 1-3; 2007, ch. 9, §§ 1-4; 2011, ch. 332, § 2), concerning the wildlife resources commission, was repealed and reenacted by Acts 2012, ch. 993, § 1, effective June 30, 2012. Acts 2012, ch. 604, § 21 purported to amend this section by substituting “energy and environment committee of the senate” for “environment, conservation and tourism committee of the senate” in subdivision (b)(1), effective July 1, 2012. Acts 2012, ch. 993, § 1 had previously made the substitution, effective June 30, 2012; therefore, Acts 2012, ch. 604, § 21 was not given effect. Cross-References. Grand divisions, title 4, ch. 1, part 2. Appointments to state boards or commissions, age discrimination prohibited, § 4-1-403 . Law Reviews. Publication Under the New Tennessee Uniform Administrative Procedures Act and the Public's Right to Know (John Beasley), 6 Mem. St. U.L. Rev. 187.