HB5109 97TH GENERAL ASSEMBLY

LRB097 17908 RPM 63131 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5109

Introduced 2/8/2012, by Rep. Frank J. Mautino

SYNOPSIS AS INTRODUCED:

215 ILCS 110/17

from Ch. 32, par. 690.17

Amends the Dental Service Plan Act in the provision concerning a dental service plan corporation board of trustees. Deletes the requirement that each trustee shall be a resident of Illinois. Provides that those designated as dental trustees shall comprise at least one-third (instead of a majority) of the trustees and shall be participating dentists of the corporation (instead of only dentists) licensed in Illinois to practice dentistry and adds the requirement that such trustees shall be residents of Illinois. Deletes the requirement that the remaining trustees, designated as public trustees, shall be representative of the subscribers to the dental service plan and that not more than one-third of the public trustees shall be licensed dentists. Makes a change in a provision concerning the expiration of the terms of dental trustees. Deletes a provision concerning meetings of subscribers for the election of public trustees.

A BILL FOR

AN ACT concerning insurance.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Dental Service Plan Act is amended by changing Section 17 as follows:

(215 ILCS 110/17) (from Ch. 32, par. 690.17)

Sec. 17. The business and affairs of a dental service plan corporation shall be managed by a board of trustees, which shall have the power to adopt and to amend, from time to time, by-laws governing the conduct of the corporation's business. The number of trustees shall be not less than 9 nor more than 21. Subject to such limitation, the number of trustees shall be fixed by the by-laws, except as to the number of the first board of trustees which number shall be fixed by the charter, and the number of trustees may be increased or decreased from time to time by amendment to the by-laws. In the absence of a by-law fixing the number of trustees, the number shall be the same as that stated in the charter. The trustees constituting the first board of trustees shall be named in the charter and shall hold office for such period or periods as may be specified in the charter or the by-laws. Trustees may be divided into classes and the terms of office of the several classes need not be uniform, but no such term shall exceed 3 years. Each trustee shall hold office for the term for which he is elected and until his successor has been elected and qualified. Any vacancy occurring in the board of trustees and any trusteeship to be filled by reason of an increase in the number of trustees may be filled by the board of trustees. A trustee appointed to fill a vacancy shall be appointed for the unexpired term of his predecessor in office. Each trustee shall be of legal age, a resident of Illinois, and a citizen of the United States. At least one-third A majority of the trustees shall be participating dentists of the corporation licensed in Illinois to practice dentistry who are also residents of Illinois, and they shall be designated as "dental trustees". The remaining trustees shall be representative of the subscribers to the dental service plan and shall be designated as "public trustees", and not more than one-third of the public trustees shall be licensed dentists. As the terms of dental trustees expire, they shall be replaced, from time to time, by participating dentists of the corporation licensed in Illinois to practice dentistry who are also residents of Illinois, and elected by the corporation's participating dentists, in the manner prescribed by the by-laws. As the terms of public trustees expire, they shall be replaced, from time to time, by election by the corporation's subscribers, in the manner prescribed by the by-laws. A statement in the subscription certificate or in any endorsement issued for attachment thereto, of the time and place for holding a meeting of subscribers for the election of public trustees shall constitute notice of such meeting. Voting by proxy shall be permitted.

(Source: Laws 1965, p. 2179.)