Current through Acts 2023-2024, ch. 1069
Section 52-8-102 - Establishment - Members - Terms(a) There is created a commission known as the Tennessee commission on aging and disability. The commission is administratively attached to the department.(b) The commission must consist of twenty-two (22) members, who are persons who provide leadership in programs for the elderly and disabled in the state. Nineteen (19) of the members must be appointed by the governor, in accordance with this part. Members may come from such diverse areas as housing, recreation, employment, medicine, nursing, social service, business, adult education, long-term care, religion, research, and advocacy. It is desirable that the commission membership reflect the geographic diversity of this state and include minorities and women at least in proportion to their presence in the state's population and that at least one-half (1/2) of the membership be representative of the population served. Staff members of programs funded wholly or in part by the commission are ineligible to serve as commission members.(c) Members of the commission are appointed as follows:(1) One (1) person must be appointed by the governor from each of the nine (9) planning and service areas, in consultation with each of the nine (9) advisory councils to the nine (9) area agencies on aging that are established in accordance with the Older Americans Act (42 U.S.C. § 3026). The governor may appoint such persons from a list of two (2) persons nominated by each advisory council to the nine (9) area agencies on aging. In making these appointments, the governor shall strive to achieve adequate representation from both rural and urban areas. This section does not preclude members of the advisory councils from being appointed as commission members;(2) One (1) member of the governor's staff, who must be appointed by the governor;(3) One (1) person who is an active member of a chartered, statewide organization that advocates exclusively for older persons must be appointed by the governor. Each such organization may submit two (2) nominations for consideration by the governor;(4) One (1) person who is an active member of a federally chartered organization with statewide membership and chapters chartered in this state, that advocates exclusively for older persons, must be appointed by the governor. Each such organization may submit two (2) nominations for consideration by the governor;(5) One (1) person who is an active member of a chartered, statewide organization that advocates exclusively for disabled persons must be appointed by the governor. Each such organization may submit two (2) nominations for consideration by the governor;(6) The commissioners of human services, health, veterans services, and mental health and substance abuse services; the director of TennCare; or the commissioners' or director's designees;(7) The commissioner, or the commissioner's designee, who serves as an ex officio member without voting power;(8) The executive director of the council on developmental disabilities; and(9) The speaker of the senate and the speaker of the house of representatives each shall name one (1) legislator from such speaker's respective house to serve on the commission as ex officio members without voting power to attend and sit with the commission in open meetings, in order to report back to the general assembly on actions being taken or considered by the commission.(d) The governor may ask the nominating body in any case for additional nominees.(e) As vacancies occur on the commission, persons must be appointed to fill the vacancy for the unexpired term in accordance with the original nomination process.(f)(1) Members appointed to serve on the commission pursuant to this section must be appointed in accordance with the criteria established in this section. Members of the commission as it existed prior to October 1, 2012, may be eligible for nomination and appointment pursuant to the criteria established in this section.(2) The terms of office for members of the commission must be six (6) years, except for members of the governor's personal staff and cabinet whose terms are coterminous with that of the appointing governor, and except for the legislators appointed pursuant to subdivision (c)(9) whose terms are coterminous with the terms for which the legislators have been elected to the general assembly. Vacancies must be filled by appointment pursuant to the criteria in this section only for the remainder of the unexpired term.(3) A two-year absence from commission membership qualifies any member for reappointment who satisfies the criteria of this section.Added by 2024 Tenn. Acts, ch. 688,s 2, eff. 7/1/2024.