Full Text of HB0592 103rd General Assembly
HB0592ham002 103RD GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 5/3/2023
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| 1 | | AMENDMENT TO HOUSE BILL 592
| 2 | | AMENDMENT NO. ______. Amend House Bill 592 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Dental Service Plan Act is amended by | 5 | | changing Sections 16, 17, 22, 25, and 43 as follows:
| 6 | | (215 ILCS 110/16) (from Ch. 32, par. 690.16)
| 7 | | Sec. 16. A Nine or more natural persons of legal age, all | 8 | | of whom are
residents of Illinois and citizens of the United | 9 | | States, and at least a
majority of whom are dentists licensed | 10 | | in Illinois to practice dentistry,
may form, under the | 11 | | provisions of this Act, a dental service plan
corporation for | 12 | | the purpose of establishing and operating a dental service
| 13 | | plan or plans. Such corporation shall be subject to regulation | 14 | | and
supervision by the Director as hereinafter provided, but | 15 | | shall not be
subject to the laws of this State with respect to | 16 | | insurance corporations,
except as provided in this Act.
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| 1 | | (Source: Laws 1965, p. 2179.)
| 2 | | (215 ILCS 110/17) (from Ch. 32, par. 690.17)
| 3 | | Sec. 17. The business and affairs of a dental service plan | 4 | | corporation
shall be managed by a board of trustees, which | 5 | | shall have the power to
adopt and to amend, from time to time, | 6 | | by-laws governing the conduct of the
corporation's business , | 7 | | unless the by-laws assign such power to the members of the | 8 | | dental service plan corporation, if any. Trustees shall be | 9 | | competent and trustworthy, possess good reputations, and have | 10 | | appropriate training, experience, or education . The number of | 11 | | trustees shall be not less than 9 nor
more than 21. Subject to | 12 | | such limitation, the number of trustees shall be
fixed by the | 13 | | by-laws , except as to the number of the first board of
trustees | 14 | | which number shall be fixed by the charter, and the number of
| 15 | | trustees may be increased or decreased from time to time by | 16 | | amendment to
the by-laws. In the absence of a by-law fixing the | 17 | | number of trustees, the
number shall be the same as that stated | 18 | | in the charter. The trustees
constituting the first board of | 19 | | trustees shall be named in the charter and
shall hold office | 20 | | for such period or periods as may be specified in the
charter | 21 | | or the by-laws. Trustees may be divided into classes and the | 22 | | terms
of office of the several classes need not be uniform, but | 23 | | no such term
shall exceed 3 years. Each trustee shall hold | 24 | | office for the term for which
he is elected and until his | 25 | | successor has been elected and qualified. Any
vacancy |
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| 1 | | occurring in the board of trustees and any trusteeship to be | 2 | | filled
by reason of an increase in the number of trustees may | 3 | | be filled by the
board of trustees. A trustee appointed to fill | 4 | | a vacancy shall be appointed
for the unexpired term of his | 5 | | predecessor in office. Each trustee shall be
of legal age and a | 6 | | citizen of the United States. At least one-third of the | 7 | | trustees shall be participating dentists of the corporation | 8 | | licensed in Illinois to practice
dentistry who are also | 9 | | residents of Illinois, and they shall be designated as "dental | 10 | | trustees". The remaining
trustees shall be designated as | 11 | | "public trustees". As the terms
of dental trustees expire, | 12 | | they shall be replaced, from time to time, by participating
| 13 | | dentists of the corporation licensed in Illinois to practice | 14 | | dentistry who are also residents of Illinois, and elected by | 15 | | the corporation's participating dentists, in the manner
| 16 | | prescribed by the by-laws. As the terms of public trustees | 17 | | expire, they
shall be replaced, from time to time, by election | 18 | | by the corporation's
subscribers, in the manner prescribed by | 19 | | the by-laws. Voting
by proxy shall be permitted. The board of | 20 | | trustees shall appoint a dental advisory committee, for the | 21 | | purpose of providing counsel and advice to the board of | 22 | | trustees, that shall be comprised of individuals licensed in | 23 | | the State of Illinois to practice dentistry.
| 24 | | (Source: P.A. 97-989, eff. 1-1-13.)
| 25 | | (215 ILCS 110/22) (from Ch. 32, par. 690.22)
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| 1 | | Sec. 22. Amendments to a charter shall be made by | 2 | | application to the
Director and shall be subject to his | 3 | | approval.
| 4 | | Amendments to a charter having the effect of adding one or | 5 | | more
additional counties in which the dental service plan | 6 | | corporation shall
operate may, if a majority of the dentists | 7 | | residing and in active practice
therein have agreed to become | 8 | | participating dentists, be adopted by the
affirmative vote of | 9 | | a majority of the trustees then in office , unless the by-laws | 10 | | assign such power to the members of the dental service plan | 11 | | corporation, if any .
| 12 | | (Source: Laws 1965, p. 2179.)
| 13 | | (215 ILCS 110/25) (from Ch. 32, par. 690.25)
| 14 | | Sec. 25. Application of Insurance Code provisions. Dental | 15 | | service
plan corporations and all persons interested therein | 16 | | or dealing therewith
shall be subject to the provisions of | 17 | | Articles IIA, VIII 1/2, XI, and XII 1/2
and
Sections 3.1,
133, | 18 | | 136, 139, 140, 143, 143c, 149, 355.2, 355.3, 367.2, 401, | 19 | | 401.1, 402, 403, 403A, 408,
408.2, and 412, and subsection | 20 | | (15) of Section 367 of the Illinois Insurance
Code.
| 21 | | (Source: P.A. 99-151, eff. 7-28-15.)
| 22 | | (215 ILCS 110/43) (from Ch. 32, par. 690.43)
| 23 | | Sec. 43.
Every dental service plan corporation organized | 24 | | hereunder shall be
operated and conducted not-for-profit and |
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| 1 | | shall be deemed a charitable and
benevolent corporation, and | 2 | | all of its funds and property shall be exempt
from every State, | 3 | | county, district, municipal and school tax or assessment,
and | 4 | | all other taxes and license fees, from the payment of which | 5 | | charitable
and benevolent corporations or institutions are now | 6 | | or may hereafter be
exempt. This exemption shall not prevail | 7 | | against fees and charges imposed
by Sections 408, 408.2, 409, | 8 | | 444, and 444.1 of the Illinois
Insurance Code.
The laws of this | 9 | | State state applicable to not-for-profit corporations, | 10 | | including, without limitation, the laws relating to the | 11 | | merger, dissolution , and
liquidation of domestic | 12 | | not-for-profit corporations and in respect to the
rights, | 13 | | classification , and meetings of members , and the selection, | 14 | | change,
duties , and powers of corporate officers, and the | 15 | | filing of annual reports
by domestic not-for-profit | 16 | | corporations shall be applicable to corporations
organized | 17 | | under this Act act to the extent the same are not inconsistent | 18 | | with
the provisions of this Act act . Wherever in any such laws | 19 | | reference is made to
"Directors" of such not-for-profit | 20 | | corporations, such statutory provisions
shall be deemed to | 21 | | apply to the trustees of corporations organized under
this Act | 22 | | act , and wherever the office of the Secretary of State is | 23 | | mentioned in
such an Act act , such provisions shall be deemed | 24 | | to refer to and designate the
Director of Insurance when | 25 | | applied to corporations organized hereunder.
| 26 | | (Source: P.A. 90-583, eff. 5-29-98.)".
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