71-2-104 - Creation and composition of commission Terms of office. - Tennessee Statutes

71-2-104. Creation and composition of commission Terms of office.

(a)  There is hereby created a commission known as the Tennessee commission on aging and disability, which shall plan, develop, and administer projects, programs, services and state and federal funds designated for, and relating to, disabled adults and older persons in this state, including those sponsored by the federal government, when such projects, programs and services are not the specific responsibility of another state agency pursuant to some other federal or state law. The commission shall be designated as the sole state agency to plan and administer all state activities related to and authorized under the Older Americans Act, except for Title V activities under the Older Americans Act which shall be administered by the department of labor and workforce development.

(b)  The commission shall consist of twenty-five (25) members, who shall be persons who provide leadership in programs for the elderly and disabled in the state, twenty-three (23) of whom shall be appointed by the governor in accordance with the provisions of this part. Representatives 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 the state, and include minorities and women at least in proportion to their presence in the state's population and that at least one-half (½) of the membership be representative of the population served. Staff members of programs funded wholly or in part by the commission shall be ineligible to serve as commission members.

(c)  (1)  Members of the commission shall be appointed as follows:

          (A)  One (1) person shall be appointed from the rural area of 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. Such persons may be appointed from two (2) persons nominated by each of such advisory councils. Nothing shall preclude members of such advisory councils from being appointed as commission members;

          (B)  Five (5) additional persons shall be appointed, one (1) from each of the five (5) urban areas of Shelby, Davidson, Hamilton and Knox counties and the tri-city area of Bristol, Kingsport and Johnson City, in consultation with each of the advisory councils to the area agencies on aging in those areas. Each of such persons may be appointed from two (2) persons nominated by each of such advisory councils. Nothing shall preclude members of such advisory councils from being appointed as commission members;

          (C)  One (1) member of the governor's personal staff shall be appointed;

          (D)  One (1) person who is an active member of a chartered, statewide organization that advocates exclusively for older persons shall be appointed. Each such organization may submit two (2) nominations for this appointment;

          (E)  One (1) person who is an active member of a federally chartered organization that advocates exclusively for older persons having membership statewide with chapters chartered in this state shall be appointed. Each such organization may submit two (2) nominations for this appointment;

          (F)  One (1) person who is an active member of a chartered, statewide organization that advocates exclusively for disabled persons shall be appointed. Each such organization may submit two (2) nominations for this appointment;

          (G)  The commissioners of the departments of human services, health, veterans affairs, and mental health and developmental disabilities, and the executive director of the council on developmental disabilities; and

          (H)  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 vote 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.

     (2)  The governor may ask the nominating body in any case for additional nominees.

(d)  As vacancies occur on the commission, persons shall be appointed to fill the vacancy for the unexpired term, in accordance with the original nomination process.

(e)  (1)  Members appointed to serve on the commission pursuant to this section shall be appointed in accordance with the criteria established in this section. Members of the commission as it existed prior to July 1, 2001, 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 shall be six (6) years, except for members of the governor's personal staff and cabinet whose terms shall be coterminous with that of the appointing governor, and except for the legislators appointed pursuant to subdivision (c)(1)(H) whose terms shall be coterminous with the terms for which they have been elected to the general assembly. Vacancies shall 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 following the criteria of this section.

[Acts 1981, ch. 428, § 5; 1982, ch. 834, § 5; 1984, ch. 943, § 2; T.C.A., § 14-6-104; Acts 2001, ch. 397, § 5; 2003, ch. 311, § 1.]