Tennessee Code Annotated

Title 71: Welfare

Chapter 2: Programs and Services for Elderly Persons

Part 1: Commission on Aging and Disability

TCA 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, compiled in 42 U.S.C. SC 3001 et seq., except for Title V activities under the Older Americans Act, compiled in 42 U.S.C. SC 3056 et seq., which shall be administered by the department of labor and workforce development.

(b) The commission shall consist of twenty-two (22) members, who shall be persons who provide leadership in programs for the elderly and disabled in the state. Nineteen (19) of the members shall 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 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 (1/2) 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 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. 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. Nothing shall preclude members of the advisory councils from being appointed as commission members;

(B) One (1) member of the governor's personal staff, who shall be appointed by the governor;

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

(D) 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, shall be appointed by the governor. Each such organization may submit two (2) nominations for consideration by the governor;

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

(F) The commissioners of human services, health, veterans' affairs, mental health and substance abuse services, and intellectual and developmental disabilities, and the director of TennCare or their designees;

(G) 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 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.

(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 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 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.

History: Acts 1981, ch. 428, SC 5; 1982, ch. 834, SC 5; 1984, ch. 943, SC 2; T.C.A., SC 14-6-104; Acts 2001, ch. 397, SC 5; 2003, ch. 311, SC 1; 2010, ch. 1100, SCSC 133, 134; 2012, ch. 575, SC 2; 2012, ch. 986, SCSC 12-14.