Amends TCA Title 49, Chapter 9.

ADVISORY BOARDS FOR UNIVERSITY OF TENNESSEE INSTITUTIONS Present law establishes advisory boards for the University of Tennessee, Knoxville; University of Tennessee at Martin; University of Tennessee at Chattanooga; University of Tennessee Health Science Center; and University of Tennessee Southern. Present law requires each advisory board to consist of five members appointed by the governor, one faculty member must be a full-time faculty member of the respective University of Tennessee institution selected and appointed in a manner determined by the faculty senate or equivalent body of that respective institution, no later than May 31 of the year of appointment; and one student must be a student at the respective University of Tennessee institution selected and appointed in a manner determined by the respective advisory board, no later than May 31 of each year. This bill changes the present law by requiring, instead, each advisory board to consist of five members appointed by the president of the University of Tennessee, in consultation with the governor, the speaker of the senate, and the speaker of the house of representatives APPOINTMENT GUIDELINES Present law provides that of the five members appointed by the governor: (1) At least three members of each advisory board must be alumni of the respective University of Tennessee institution; (2) At least one member of each advisory board must be a resident of the county in which the respective University of Tennessee institution is located; and (3) At least three members of each advisory board must be residents of this state. Present law requires, in making appointments, the governor to strive to ensure that the advisory boards are composed of members who are diverse in sex, race, perspective, and experience. This bill requires the president of the University of Tennessee to follow the same guidelines required by the governor in the present law when appointing the five members of the advisory board. APPOINTMENT TERM Present law requires the five members appointed by the governor to be confirmed by the senate and the house of representatives prior to beginning a term of office. All appointments of the board members by the governor must be confirmed by joint resolution prior to the commencement of the term of office to which the member is appointed. If either house fails to confirm the appointment of a board member by the governor within 90 calendar days after the general assembly next convenes in regular session following such appointment, the appointment terminates on the day following the ninetieth calendar day. If the general assembly is not in session when initial gubernatorial appointments are made, all such initial appointees must serve the terms prescribed pursuant to existing law, unless the appointments are not confirmed during the next regular session of the general assembly following the appointments in accordance with existing law If the general assembly is not in session at the time a member is appointed by the governor to fill a vacancy resulting from the expiration of a term, the member whose term has expired will serve until a new appointee is confirmed in accordance with existing law. If the general assembly is not in session at the time a member is appointed by the governor to fill a vacancy not resulting from the expiration of a term, the new appointee will serve for the term appointed unless the appointment is not confirmed during the next regular session of the general assembly following the appointment in accordance with existing law. This bill deletes these provisions and provides, instead, the following: (1) Members of the advisory boards appointed by the president of the University of Tennessee serve a term of four years beginning July 1 of the year of appointment and ending on June 30; (2) Each faculty member selected in accordance with existing law serves a term of two years, beginning July 1 and ending June 30; and (3) Each student member selected in accordance with existing law serves a term of one year, beginning July 1 and ending the following June 30. Present law requires the initial terms of the members appointed by the governor to be two, three, and four years. One member must serve a two-year term, two members must serve a three-year term, and two members must serve a four-year term. For all subsequent appointments, such members of the advisory boards must be appointed to serve terms of four years beginning July 1 of the year of appointment and ending on June 30. This bill deletes this provision. VACANCY AND REMOVAL Present law requires, if a vacancy occurs by death or resignation, the governor to appoint a successor for the remainder of the term. If a vacancy occurs by reason of expiration of a term, the board member whose term has expired serves until a successor is appointed. This bill changes the present law by requiring, instead, the president of the University of Tennessee to appoint a successor for the remainder of the term. Present law provides that the cessation of a faculty member's employment with the university or full-time faculty status that results in a failure to satisfy the existing law, or the cessation of a student member's full-time enrollment status that results in a failure to satisfy the existing law, vacates the member's position. The governor must appoint a faculty member or student satisfying the requirement as a successor for the remainder of the term. This bill changes the present law by requiring, instead, a vacancy in a faculty or student member position must be filled by president of the University of Tennessee in accordance with the existing law relevant to faculty appointment or student appointment, as applicable, and the selected successor serves for the remainder of the term. This bill provides that members are subject to removal from an advisory board for misconduct, incapacity, or neglect of duty. Removal of an appointed member requires the approval of the president of the University of Tennessee. If an appointed member is removed, then the president of the University of Tennessee must appoint a person to serve for the remainder of the term. If a faculty or student member is removed, then the position must be filled in accordance with the existing law relevant to faculty appointment or student appointment, as applicable, and the selected successor serves for the remainder of the term. ADVISORY BOARD MEETINGS Present law requires each advisory board of the University of Tennessee to hold at least three meetings annually on a day or days determined by the board from year to year. This bill clarifies that the above determination is made by the advisory board. Present law also requires each advisory board to adopt bylaws to govern its meetings, subject to approval by the board of trustees. This bill clarifies that the bylaws are subject to approval by the University of Tennessee board of trustees. Present law requires the governor to call the initial meeting of each advisory board to occur on or after July 1, 2018. This bill deletes this provision. Present law provides that the failure of a member to attend more than 50 percent of the regular meetings in a calendar year is cause for the member's removal and authorizes the board to call on the governor to appoint a successor. This bill changes the present law and provides, instead, that the failure of a member to attend more than 50 percent of the regular meetings in a calendar year is cause for the member's removal, subject to the provisions in this bill regarding removal from an advisory board for misconduct, incapacity, or neglect of duty. ADVISORY BOARD ROLE AND RESPONSIBILITIES Present law requires each advisory board of the University of Tennessee to submit a recommendation regarding the proposed operating budget, including tuition and fees, as it relates to the respective institution; and regarding the strategic plan for the respective institution. This bill requires the recommendations mentioned above to be submitted to the president of the University of Tennessee. Present law also prohibits the responsibilities of, and any actions taken by, an advisory board from conflicting with or inhibiting the authority of the board of trustees. This bill clarifies that the board of trustees referenced in the present law is the University of Tennessee board of trustees.