49-7-204 - Composition.
49-7-204. Composition.
(a) (1) The commission shall consist of a total of ten (10) voting members. The governor shall appoint the members. 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. In addition, the governor shall appoint two (2) student members. One (1) student member shall be a voting member and one (1) student member shall be an ex officio, nonvoting member. The student appointed pursuant to subdivision (d)(2)(A) will be the first voting student member for a term of one (1) year, followed by the student member appointed pursuant to subdivision (c)(2), who shall serve a term of one (1) year as a voting member. Thereafter, the voting student membership shall be rotated between the student representing the University of Tennessee system and the student representing the board of regents system, it being the legislative intent that a student member serve one (1) year as a nonvoting, ex officio member before becoming a voting member, and that the voting position rotate between representatives of the two (2) systems.
(2) (A) Membership shall be for a six-year term. In making appointments to the commission, the governor shall strive to ensure that at least one (1) person appointed to the commission is sixty (60) years of age or older and that at least one (1) person appointed to the commission is a member of a racial minority.
(B) Appointments made after January 1, 1995, shall alternate such that every other appointment of a new member to the commission shall be a female until the membership of the commission reflects the percentage of females in the population generally, after which this subdivision (a)(2)(B) shall cease to be effective.
(3) Each congressional district in the state shall be represented by at least one (1) member of the commission.
(4) When any vacancy occurs, the governor shall appoint a person from any district unrepresented at that time so that each district shall always be represented by at least one (1) person.
(5) Members shall be eligible for reappointment.
(6) At least one third (1/3) of the appointive members shall be members of the principal minority political party in the state. Additionally, at least one (1) of the appointive members shall be a member of the principal racial minority in the state.
(b) (1) Any vacancy on the commission shall be filled by appointment of the governor.
(2) Vacancies except for expiration of term shall be filled for the unexpired term only.
(3) The place of any member on the commission shall be vacated at such time as the member ceases to reside in the congressional district in which the member resided at the time of appointment; however, no incumbent member shall be removed from the member's seat prior to the expiration of the member's current term as a result of changes in congressional districts occasioned by a reapportionment.
(c) (1) One (1) member of the commission shall be a student who shall be appointed by the governor from a list of three (3) nominees selected and submitted no later than April 15 by the presidents of the student government associations and associated student bodies of all technical schools, colleges and universities in the state university and community college system.
(2) The student member shall serve for a term of two (2) years beginning on July 1 after the student member's appointment by the governor. The student shall continue as a student in good standing within the state university and community college system during the student's term on the board.
(3) The list of nominees referenced in subdivision (c)(1) shall be selected in accordance with the following provisions:
(A) (i) One (1) nominee shall be enrolled as a full-time student at a four (4) year institution at the time of nomination and shall maintain enrollment as a full-time student at an institution that is a member of the state university and community college system;
(ii) One (1) nominee shall be enrolled as a full-time student at a two (2) year institution at the time of nomination and shall maintain enrollment as a full-time student at an institution that is a member of the state university and community college system; and
(iii) One (1) nominee shall be enrolled as a full-time student at the time of nomination at any institution that is a member of the state university and community college system;
(B) The nominees may not be enrolled at the same institution;
(C) All nominees for student commission member shall be residents of this state; and
(D) A majority of the student government association/associated student body presidents of all technical institutions, community colleges and universities in the state university and community college system constitutes a quorum for nomination purposes. A majority vote of those present and voting is necessary to effect a nomination.
(4) The chancellor of the board of regents shall notify all student government association and associated student body presidents in the state university and community college system of the necessity for the nominating procedure described in subdivision (c)(3).
(d) (1) (A) One (1) member of the commission shall be a student who shall be appointed by the governor from a list of three (3) nominees prepared and submitted by the governing body of the student government association from one (1) of the following branches of the University of Tennessee:
(i) The University of Tennessee at Knoxville;
(ii) The University of Tennessee at Martin;
(iii) The University of Tennessee at Chattanooga; and
(iv) The University of Tennessee Medical Units at Memphis.
(B) The term is for two (2) years beginning July 1.
(2) (A) Effective June 1, 1994, a student at the University of Tennessee at Knoxville shall be chosen and shall serve until July 1, 1995; effective July 1, 1995, a student at the University of Tennessee at Martin shall be chosen and shall serve until July 1, 1997; effective July 1, 1997, a student at the University of Tennessee at Chattanooga shall be chosen and shall serve until July 1, 1999; effective July 1, 1999, a student at the University of Tennessee Medical Units at Memphis shall be chosen and shall serve until July 1, 2001.
(B) The student membership shall be filled on a biennial rotating basis and maintain the sequence established in subdivision (d)(2)(A). The names of the three (3) nominees chosen as set out in this subsection (d) shall be certified to the governor by the chancellor of the appropriate branch of the University of Tennessee.
(e) 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 (e).
(f) (1) The commission's first meeting after all members have been appointed shall be upon the call of the governor.
(2) The commission thereafter shall meet at least four (4) times each year.
(g) 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.
(h) 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.]