This bill vacates the Tennessee historical commission and reconstitutes the commission and changes the size and appointing authorities for the commission from 24 gubernatorial appointees to 20 total members.
Under present law, the Tennessee historical commission is composed of the governor or the governor's designee, the state historian, the state archaeologist, the commissioner of environment and conservation or the commissioner's designee, and the state librarian and archivist, all of whom are voting ex officio members; and 24 members appointed by the governor.
In case of death or resignation of any appointed member of the commission, then such member's successor must be appointed by the governor for a term of five years from the date of the successor's appointment. Appointments to the commission must be equally divided among the three grand divisions of the state.
This vacates and reconstitutes the membership of the commission effective July 1, 2023. The new Tennessee historical commission will be comprised of 20 members as follows:
(1) One person appointed from each of the three grand divisions of the state and two at-large members, appointed by the speaker of the senate;
(2) One person appointed from each of the three grand divisions of the state and two at-large members, appointed by the speaker of the house of representatives;
(3) One person appointed from each of the three grand divisions of the state and two at-large members, appointed by the governor; and
(4) Five ex officio non-voting members, including the:
(A) Governor, or the governor's designee;
(B) State historian;
(C) State archaeologist;
(D) Commissioner of environment and conservation, or the commissioner's designee; and
(E) State librarian and archivist.
This bill provides that in order to stagger the terms of the newly appointed commission members, initial appointments are made as follows:
(1) The persons appointed as at-large members under (1), (2), and (3) serve an initial term of one year, which expires on June 30, 2024;
(2) The persons appointed from the eastern grand division under (1), the middle grand division under (2), and the western grand division under (3) serve an initial term of two years, which expires on June 30, 2025;
(3) The persons appointed from the middle grand division under subdivision (1), the western grand division under subdivision (2), and the eastern grand division under subdivision (3) serve an initial term of three years, which expires on June 30, 2026; and
(4) The persons appointed from the western grand division under (1), the eastern grand division under (2), and the middle grand division under (3) serve an initial term of four years, which expires on June 30, 2027.
Following the expiration of the member's initial terms, each term is for five years and begins on July 1 and terminates on June 30 five years later. If a member of the commission dies or resigns, then the appointing authority who appointed the member to the commission must appoint a new member to fill the vacancy.
Present law requires the executive director of the commission to serve as keeper of the Tennessee register of historic places. Present law generally authorizes the commission to employ personnel but does not specifically require the commission to appoint an executive director.
This bill requires the commission to appoint an executive director, who serves at the pleasure of the commission and who must be a person qualified by training and experience to perform the duties assigned to the director, including as keeper of the Tennessee register of historic places.
Under present law, commission members who have been granted the title member emeritus by an action of the commission retain the same rights and privileges of other members, except the right to vote at meetings of the commission.
This bill removes the retention of rights provision for commissioners emeriti.
ON MARCH 28, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1142, AS AMENDED.
AMENDMENT #1 makes the following changes:
(1) To ensure the continuity of the commission, requires new members to be appointed between July 1, 2024, and August 31, 2024;
(2) Requires the executive director serving as of June 30, 2024, to remain in the position until the commission, in its discretion, appoints a replacement;
(3) Deletes the provision in the bill providing that following the expiration of the member's initial terms, each term is for five years and begins on July 1 and terminates on June 30 five years later;
(4) Revises the provision in the bill that provides if a member of the commission dies or resigns, then the appointing authority who appointed the member to the commission must appoint a new member to fill the vacancy by, instead, providing that upon the expiration of the initial terms set forth in the bill, or if a member of the commission dies or resigns from the commission, then the appointing authority who appointed the member to the commission must appoint a new member to fill the vacancy and serve for a period of five years from the date of appointment. If, upon the expiration of a member's term an appointing authority does not act to renew the member's appointment or make a new appointment, the member will continue to serve until such time as an appointment is made; and
(5) Changes the effective date to June 30, 2024.

Statutes affected:
Introduced: 4-11-102, 4-11-207
Amended with SA0833 -- 03/28/2024: 4-11-102, 4-11-207