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NATIONAL CONFERENCE OF INSURANCE LEGISLATORS
ARTICLES OF ORGANIZATION
AND
BYLAWS

ARTICLES OF ORGANIZATION
               


PREAMBLE

We, duly elected representatives of the People to the Legislatures of our individual sovereign States, being concerned with the economic and social importance of insurance to our constituents, to the peoples of our respective States, to all Americans, and to the enterprises and economic resources of our nation and to its strength in world trade and commerce, and a seeking more effective exchange of insurance information among the legislatures of the States, consumers, and other concerned parties; and seeking to provide a forum for legislators to resolve and communicate their positions on insurance and related issues on a State-by-State basis, do hereby proclaim the need for creating and maintaining the resources and capacity of State legislatures to deal with insurance legislation and regulation.

 








The National Conference
of Insurance Legislators

National Office
385 Jordan Road
Troy, NY 12180
TEL: 518-687-0178
FAX: 518-687-0401

Washington Office
601 Pennsylvania Ave. N.W.
Suite 900, South Building
 Washington, D.C. 20004
TEL: 202-220-3014
FAX: 202-330-5004

info@ncoil.org

 

 

       I. NAME

The name of the organization shall be the National Conference of Insurance Legislators (hereinafter “NCOIL.”)

            II.  PURPOSE

The general purpose of NCOIL is to advance the knowledge and effectiveness of legislators and legislatures when dealing with matters pertaining to insurance law, participate in the formulation of model legislation for the resolution of insurance problems by the States on a State-by-State basis, serve as a clearing house for information, reaffirm the traditional primacy of the States in the regulation of insurance, prepare special studies on insurance or insurance legislation, disseminate educational materials, communicate positions adopted by NCOIL, and any other activities that will promote the general purposes of NCOIL.
 

            III.  MEMBERSHIP

A.   General Membership shall be afforded to the several States and territories of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

B.   Contributing Membership shall be afforded to General Members who remit to NCOIL annual dues (which shall not be prorated) in an amount fixed by the Executive Committee.  In order to remain in good standing as a Contributing Member, a member State must pay all dues previously billed by the end of the calendar year, unless such Contributing Member State is approved to pay dues on a fiscal year basis.  First year’s dues for a new Contributing Member State shall be commensurate with the portion of the year spent in NCOIL membership.

C.   Each General Member State shall be represented by its legislators who attend NCOIL meetings and seminars.

D.  The Business Planning Committee shall review the dues structure every two years and report to the Executive Committee.

E.   The Executive Committee may, at any regular meeting, confer the title of “Honorary Member” on any individual who has served in the legislature of a member State but is no longer a member, and who the Executive Committee wishes to recognize for outstanding service to NCOIL, and all registration fees shall be waived for a person so titled, with the exception of said person’s membership within the insurance industry.

F.   The Executive Committee of NCOIL shall, in accord with the “Purpose” as stated in Section II of the Articles of Organization, offer affiliate non-voting memberships to comparable legislative organizations in non-United States jurisdictions.

            IV.  MEETINGS/VOTING

A.   NCOIL shall meet at times and places designated by the Executive Committee.  Special meetings may be called by the President and shall be called if requested by ten or more members of the Executive Committee.

B.   At any meeting of NCOIL, each Committee member represented in good standing shall be entitled to vote on measures before their Committee.

C.   A majority vote of those Committee members present and voting shall constitute the requisite vote necessary on measures before their Committee.

             D.  Voting by proxies shall not be permitted.

            V.  OFFICERS/EXECUTIVE COMMITTEE

A.  The officers of NCOIL shall consist of the following five (5) officers:  a President, President-Elect, Vice President, Secretary, and Treasurer.  No person shall be elected as an officer of the Conference who is not a member of the Executive Committee.

B.   The Executive Committee shall consist of the five (5) officers, (as stated in Article V, Section A) and at least one (1) and not more than four (4) representatives of each Contributing Member State of NCOIL.  New members of NCOIL Contributing Member States shall be elected by a majority of the Executive Committee Members.  Notwithstanding any other provision of the NCOIL Articles of Organization or Bylaws, the chair of the committee responsible for insurance legislation in each legislative house of each Contributing Member State shall automatically, by the nature of his or her office, be a voting member of the Executive Committee at his or her first meeting. A state committee chair from a Contributing Member must attend the Executive Committee meeting at his or her first NCOIL conference to be recognized as a new Executive Committee member. Past Presidents who are still state legislators shall be voting, ex-officio members of the Executive Committee and shall not constitute a representative of a member State.  The President shall not constitute a representative of his state during his term.

C.  There may be a Parliamentarian appointed by the President.

D.   In addition to the representatives of each Contributing Member State, the chairs of all standing committees, who are not members of the Executive Committee, shall become members of the Executive Committee and shall continue to be members of the Executive Committee as long as they remain as chairs.

E.  The officers of the Executive Committee shall be elected at the annual meeting of NCOIL except that the President-Elect shall automatically succeed to the office of President if otherwise qualified under these Articles.  Members of the Executive Committee shall be elected at any meeting of the Executive Committee.

F.   Persons elected as officers or members of the Executive Committee must be representatives of Contributing Member States in good standing at the time of their election.  The office of an officer or of an Executive Committee member shall be vacant if the member state of which such person is a Legislator ceases to be a Contributing Member State in good standing, or if the person shall no longer serve in the Legislature.
 

G.  A majority vote of those present and voting at a meeting of the Executive Committee shall constitute the requisite vote necessary to decide any proposition except as otherwise specified in these Articles of Organization.
 

H.   A representative of a Contributing Member State must attend two meetings prior to being considered for membership on the Executive Committee.

            VI.  DUTIES OF OFFICERS AND THE EXECUTIVE COMMITTEE

A.   The President shall be the Chief Executive Officer of NCOIL and shall exercise direct charge and general supervision of the business and affairs of NCOIL, see that all orders and resolutions of the Executive Committee are carried into effect, perform all duties incident to the office of the Chief Executive Officer, perform the usual duties of the presiding officer at the meetings of NCOIL, preside over meetings of the Executive Committee, and appoint Chairpersons and all the members of all committees and perform such other duties as are provided in the Bylaws.

B.  The President-Elect shall perform the duties of the President upon the absence of the President, shall perform such other duties as are assigned him/her by the Bylaws, President or the Executive Committee, and shall succeed to the Presidency in the event of a vacancy in that office.

C.  The Vice President shall perform the duties of the President upon the absence of the President and President-Elect and shall perform such other duties as are assigned him/her by the President and the Bylaws.

D.  The Secretary shall have charge of all correspondence to and from NCOIL, manage records of meetings including preparation of the minutes, provided, however, that if the Executive Committee shall appoint an Executive Director and/or Secretariat, the Secretary shall coordinate and work with the Executive Director and/or the Secretariat in those duties.

E.   The Treasurer shall be entrusted with the receipt, care and disbursement of funds of NCOIL, provided however, that if the Executive Committee shall appoint an Executive Director and/or Secretariat, the Treasurer shall coordinate and work with the Executive Director and/or the Secretariat in those duties.

F.   The Executive Committee shall have charge of the management of NCOIL, the direction of its activities and, except as otherwise provided in these Articles, shall fill all vacancies among officers occurring between annual meetings of NCOIL.  The President shall fill vacancies in the offices of Committee Chairs and Officers between annual meetings.  The Executive Committee may appoint any individual or organization to function as Executive Director or Secretariat.  Pursuant to these duties, the Officers, in consultation with appropriate Committee Chairs as needed, shall have, between meetings of NCOIL, the authority to make policy decisions on behalf of NCOIL, which authority may not be delegated.  If a member of the Executive Committee has three consecutive unexcused absences from annual and/or seminar meetings, NCOIL shall notify that person that attendance at an NCOIL meeting within the next year is required to retain Executive Committee status.

            VII.  AMENDMENTS

These Articles of Organization may be amended or repealed at any meeting of the Executive Committee by a favorable vote of two-thirds of the members present and voting, provided however, that notice and text of any proposed amendments shall be given in summary form to the NCOIL Executive Director at least thirty (30) days prior to the date of that meeting in accordance with the NCOIL 30-day rule for submission of documents to NCOIL for approval or disapproval, as stated in NCOIL Bylaws, Section IV. H.  Amendments shall become effective immediately upon adoption unless otherwise provided therein.

BYLAWS

            I.          QUORUM

A quorum for any meeting of any committee of NCOIL consists of those members of the committee present.

            II.         VOTING

Voting at meetings of the Executive Committee or any other Committee shall be by voice vote except that a roll call vote shall be taken at the direction of the Chair or upon the request of five members of that Committee.

            III.       EXECUTIVE COMMITTEE MEETINGS

The Executive Committee shall meet at the call of the President or upon the written request of one-fifth of the members thereof.  Notice shall be given to each member of the Executive Committee setting forth the date and place of such meeting.

            IV.       COMMITTEES

A.   There shall be Standing Committees, and such Special Committees, as may be established in the manner provided for by these Bylaws.

B.   Standing Committees of NCOIL shall be:

1.   A State-Federal Relations Committee, consisting of a minimum of seven (7) members with responsibility for representing the Conference in matters respecting State-Federal relations and coordinating activities of NCOIL relating to Congressional or Federal agency action affecting insurance and the State regulation thereof.

2.   A Workers’ Compensation Insurance Committee, consisting of a minimum of six (6) members with responsibility for representing NCOIL in matters respecting workers’ compensation insurance.

3.   A Property-Casualty Insurance Committee, consisting of a minimum of six (6) members with responsibility for representing NCOIL in matters respecting property-casualty insurance.

4.   A Health, Long-Term Care & Health Retirement Issues Committee, consisting of a minimum of six (6) members with responsibility for representing NCOIL in matters respecting health insurance, long-term care, and health retirement issues.

5.   A Life Insurance & Financial Planning Committee, consisting of a minimum of six (6) members with responsibility for representing NCOIL in matters respecting life insurance and financial planning.

6.   A Financial Services & Investment Products Committee, consisting of a minimum of six (6) members with responsibility for representing NCOIL in matters respecting financial services and investment products.

7.   An International Insurance Issues Committee, consisting of a minimum of six (6) members with responsibility for representing NCOIL in matters respecting international issues related to insurance.

8.   An Audit Committee, consisting of a minimum of three (3) members and chaired by the President-Elect, with the responsibility for arranging for and reviewing the audits of NCOIL funds and making recommendations to the Executive Committee with respect to procedures relating thereto.  The Treasurer shall be a non-voting, ex-officio member.  The Treasurer may vote if the Executive Committee appoints an Executive Director or a Secretariat under Articles VI, D and E.

9.    An Articles of Organization and By-Laws Revision Committee, consisting of at least five (5) members, to whom proposed resolutions, but not resolutions relating to the administration of NCOIL, shall be referred prior to each meeting of the Executive Committee and which shall report recommendations at each meeting to the Executive Committee and the member States assembled for action in accordance with other paragraphs of these By-Laws and Articles of Organization; provided, however, other Committees of NCOIL may refer resolutions to the Executive   Committee and to member states, and resolutions relating to the administration of NCOIL may be presented directly to the Executive Committee by any member thereof.  The Committee shall review the Articles of Organization and Bylaws of NCOIL at each annual meeting.

10.  A Budget Committee, consisting of a minimum of seven (7) members and chaired by the President-Elect with the Treasurer as a non-voting, ex-officio member with the responsibility of developing annual budget proposals pursuant to the process enumerated in these Bylaws.  The Treasurer shall be a non-voting, ex-officio member.  The Treasurer may vote if the Executive Committee appoints an Executive Director or a Secretariat under Articles VI, D and E.

11.  A Nominating Committee, consisting of all NCOIL past presidents and chaired by the immediate past president, which shall report nominations for officers and members of the Executive Committee to the annual meeting of NCOIL.

12.  A Business Planning Committee, consisting of a minimum of six (6) members with responsibility for membership, site selection, revenue and legislator participation in NCOIL activities and programs.

C.   The Chair, Vice Chair, and members of any standing or special committee shall be appointed by the President and shall serve at the will of the President.  Only members of Contributing Member States in good standing are eligible to be Chairs, Vice Chairs, or members of any standing or special committee.

D.   The Chair of any Committee may appoint a chair and members of task forces and subcommittees to assist in the work of NCOIL.  Only members of Contributing Member States in good standing are eligible for appointment as a chair or member of a task force or subcommittees.

E.   All Standing Committees, except the Nominating Committee, shall be continuing committees and the members thereof shall serve one year terms or until their successors are appointed.

F.   The Nominating Committee shall be appointed by November 1 preceding the annual meeting of NCOIL and shall continue in existence until adjournment of the annual meeting of NCOIL.

G.  Special Committees may be created by NCOIL at the annual meeting of NCOIL, by the Executive Committee at any meeting of the Executive Committee, or by the President between meetings of the Executive Committee and of NCOIL.  Any action creating a Special Committee shall specify its size and duties, and may specify the manner of appointment of members thereof.  A Special Committee shall continue in existence until it has accomplished the purposes for which it was created or until the next annual meeting of NCOIL, whichever occurs earlier.

H.  Any resolution or other document submitted to NCOIL for its approval or disapproval shall be submitted and sponsored by a legislator to NCOIL at least 30 days prior to the next scheduled meeting of that Committee.  If a document or amendment to a document is not submitted prior to the 30-day deadline, it shall be subject to a two-thirds vote for Committee consideration and a separate two-thirds vote for adoption.  Notwithstanding the existence of the requirement that any resolutions or documents be submitted to NCOIL at least 30 days prior to a scheduled committee meeting, such documents may pass through committees to the Executive Committee at a meeting duly called by the Executive Committee.

I.    The chair of the committee responsible for insurance legislation in each legislative house of each Contributing-Member state shall be a voting member at his or her second NCOIL conference in meetings of standing committees that he or she has joined, or at his or her first conference if the chair has joined the Committee prior.

J.    Legislators from Contributing-Member states who are not chairs of state committees responsible for insurance legislation shall be eligible to vote on a standing committee if the legislators have joined the committee at least 60 days prior to the conference. Legislators who join fewer than 60 days prior shall wait one meeting before being eligible.

K.    NCOIL meetings are open meetings except those involving discussions of the general reputation and character or professional competence of an individual; the legal ramifications of threatened or pending litigation; security issues; price of real estate transactions; and matters involving a trade secret.

       

  1. FINANCES

A.   The fiscal year of NCOIL shall commence on January 1 of each year and end on December 31 of the same year.

B.   The Executive Director shall submit to the Executive Committee a proposed budget for the ensuing fiscal year 10 days before the annual meeting of NCOIL.  The Executive Committee shall have the power to approve, modify or reject, in whole or in part, the budget.

C.   The Executive Committee at the annual meeting of NCOIL shall adopt a budget for the ensuing fiscal year.

D.   During the fiscal year, the Executive Committee may provide for an increase or decrease of an appropriation.  Such increase or decrease shall only be upon the certification by the Committee of the need thereof.

E.   The moneys budgeted pursuant to these Bylaws may include money for the retention of staff, the reimbursement of expenses of staff, and the expenses of Legislators for activities on behalf of NCOIL other than expenses of attending regularly scheduled NCOIL meetings.

F.   Checks drawn for expenditures of less than five hundred ($500) dollars shall be signed by the Executive Director who shall submit a quarterly report of all such checks to the President of NCOIL. No more than one such check shall be paid for any one purpose without the prior express written consent of the President.  All other checks drawn upon the funds of NCOIL shall be signed by both the Executive Director and either the President or President-Elect.

G.  The Executive Committee shall, at the annual meeting of NCOIL, select an independent auditor who shall review NCOIL’s books and accounts for the current fiscal year.  The auditor shall submit its report to the Audit Committee by March 30 of the next calendar year.  The Audit Committee shall submit its report at the next succeeding meeting of the Executive Committee.

H.  In the event that NCOIL shall, for any reason, discontinue its activities and cease to function, any monies remaining in its possession or to its credit after the payment of outstanding debts and obligations shall be distributed in equal shares to the Contributing-Member States of NCOIL in good standing at the time of distribution.

VI. RULES OF PROCEDURE

A.   Each model act adopted by NCOIL shall be reviewed by the Committee of original reference every five (5) years.  The respective Committee shall vote to readopt the model act, amend and readopt the model act, or allow the model act to “sunset.”  Readopted models shall be sent to the Executive Committee for final adoption.

B.   The NCOIL committees shall review previously adopted NCOIL model laws in order to provide an appropriate sunset schedule.  Such documents shall be reviewed in the following manner:  Spring Meeting shall be Life Insurance & Financial Planning Committee and the Health, Long-Term Care & Health Retirement Issues Committee.  Summer Meeting shall be Workers’ Compensation Insurance Committee and Property-Casualty Insurance Committee.  The Annual Meeting shall be the State-Federal Relations Committee, Financial Services & Investment Products Committee, and Executive Committee.  Model laws shall sunset every five (5) years within the Committee.  Committees shall have the authority to extend the model laws from meeting to meeting.

  C. In any issue not covered by the Articles or Bylaws, Robert’s Rules of Order shall be the standard authority.

VII.            AMENDMENTS

These Bylaws may be amended or repealed at any meeting of the Executive Committee by a favorable vote of two-thirds of the members present and voting, provided however, that notice and text of any proposed amendments shall be given in summary form to the NCOIL Executive Director at least thirty (30) days prior to the date of that meeting in accordance with the NCOIL 30-day rule for submission of documents to NCOIL for approval or disapproval, as stated in Section IV.H of the Bylaws.  Amendments shall become effective immediately upon adoption unless otherwise provided therein.

 

ARTICLES OF ORGANIZATION/BYLAWS AMENDMENTS

Adopted 4th Annual Meeting, San Francisco, November 28, 1972;

Amended 10th Annual Meeting, Detroit, November 14, 1978;

Amended 11th Annual Meeting, Charleston, November 14, 1979;

Amended 12th Annual Meeting, San Antonio, November 22, 1980;

Amended 16th Annual Meeting, Little Rock, November 17, 1984;

Amended 17th Annual Meeting, Phoenix, November 24, 1985;

Amended 18th Annual Meeting, Nashville, November 16, 1986;

Amended 19th Annual Meeting, Palm Springs, November 18, 1987;

Amended 23rd Annual Meeting, Scottsdale, November 20, 1991;

Amended 24th Annual Meeting, Charleston, November 18, 1992;

Amended 26th Annual Meeting, New York City, November 13, 1994;

Amended 27th Annual Meeting, San Francisco, November 11, 1995;

Amended 28th Annual Meeting, Austin, Texas, November 20, 1996;

Amended 30th Annual Meeting, San Diego, California, November 21, 1998;

Amended 31st Annual Meeting, Orlando, Florida, November 19, 1999;

Amended Spring Meeting, San Francisco, California, February 25, 2000;

Amended 32nd Annual Meeting, New Orleans, Louisiana, November 16, 2000;

Amended Summer Meeting, Williamsburg, Virginia, July 11, 2003;

Amended Summer Meeting, Chicago, Illinois, July 16, 2004;

Amended Annual Meeting, San Diego, California, November 19, 2005;

Amended Summer Meeting, Boston, Massachusetts, July 21, 2006;

Amended Annual Meeting, Napa Valley, California, November 10, 2006;

Amended Summer Meeting, Seattle, Washington, July 21, 2007;

Amended Annual Meeting, Las Vegas, Nevada, November 17, 2007;

Amended Spring Meeting, Washington, DC, March 1, 2008;

Amended Summer Meeting, New York, New York, July 11, 2008;

Amended Annual Meeting, Duck Key, Florida, November 20, 2008;

Amended Spring Meeting, Isle of Palms, South Carolina, March 7, 2010;

Amended Summer Meeting, Newport, Rhode Island, July 17, 2011;

Amended Annual Meeting, Santa Fe, New Mexico, November 20, 2011;

Amended Spring Meeting, Washington, DC, March 10, 2013;

Amended Summer Meeting, Philadelphia, Pennsylvania, July 12, 2013;

Amended Annual Meeting, Nashville, Tennessee, November 24, 2013.

 

 
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