Bill Amendment: IL HB0592 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: REGULATION-TECH
Status: 2023-05-31 - House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB0592 Detail]
Download: Illinois-2023-HB0592-House_Amendment_001.html
Bill Title: REGULATION-TECH
Status: 2023-05-31 - House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB0592 Detail]
Download: Illinois-2023-HB0592-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 592
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2 | AMENDMENT NO. ______. Amend House Bill 592 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Dental Service Plan Act is amended by | ||||||
5 | changing Sections 16, 17, 22, 25, and 43 as follows:
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6 | (215 ILCS 110/16) (from Ch. 32, par. 690.16)
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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
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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.)
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2 | (215 ILCS 110/17) (from Ch. 32, par. 690.17)
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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
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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
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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
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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.
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20 | (Source: P.A. 97-989, eff. 1-1-13.)
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21 | (215 ILCS 110/22) (from Ch. 32, par. 690.22)
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22 | Sec. 22. Amendments to a charter shall be made by | ||||||
23 | application to the
Director and shall be subject to his | ||||||
24 | approval.
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25 | Amendments to a charter having the effect of adding one or |
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1 | more
additional counties in which the dental service plan | ||||||
2 | corporation shall
operate may, if a majority of the dentists | ||||||
3 | residing and in active practice
therein have agreed to become | ||||||
4 | participating dentists, be adopted by the
affirmative vote of | ||||||
5 | a majority of the trustees then in office , unless the by-laws | ||||||
6 | assign such power to the members of the dental service plan | ||||||
7 | corporation, if any .
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8 | (Source: Laws 1965, p. 2179.)
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9 | (215 ILCS 110/25) (from Ch. 32, par. 690.25)
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10 | Sec. 25. Application of Insurance Code provisions. Dental | ||||||
11 | service
plan corporations and all persons interested therein | ||||||
12 | or dealing therewith
shall be subject to the provisions of | ||||||
13 | Articles IIA, VIII 1/2, XI, and XII 1/2
and
Sections 3.1,
133, | ||||||
14 | 136, 139, 140, 143, 143c, 149, 355.2, 355.3, 367.2, 401, | ||||||
15 | 401.1, 402, 403, 403A, 408,
408.2, and 412, and subsection | ||||||
16 | (15) of Section 367 of the Illinois Insurance
Code.
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17 | (Source: P.A. 99-151, eff. 7-28-15.)
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18 | (215 ILCS 110/43) (from Ch. 32, par. 690.43)
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19 | Sec. 43.
Every dental service plan corporation organized | ||||||
20 | hereunder shall be
operated and conducted not-for-profit and | ||||||
21 | shall be deemed a charitable and
benevolent corporation, and | ||||||
22 | all of its funds and property shall be exempt
from every State, | ||||||
23 | county, district, municipal and school tax or assessment,
and | ||||||
24 | all other taxes and license fees, from the payment of which |
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1 | charitable
and benevolent corporations or institutions are now | ||||||
2 | or may hereafter be
exempt. This exemption shall not prevail | ||||||
3 | against fees and charges imposed
by Sections 408, 408.2, 409, | ||||||
4 | 444, and 444.1 of the Illinois
Insurance Code.
The laws of this | ||||||
5 | State state applicable to not-for-profit corporations, | ||||||
6 | including, without limitation, the laws relating to the | ||||||
7 | merger, dissolution , and
liquidation of domestic | ||||||
8 | not-for-profit corporations and in respect to the
rights, | ||||||
9 | classification , and meetings of members , and the selection, | ||||||
10 | change,
duties , and powers of corporate officers, and the | ||||||
11 | filing of annual reports
by domestic not-for-profit | ||||||
12 | corporations shall be applicable to corporations
organized | ||||||
13 | under this Act act to the extent the same are not inconsistent | ||||||
14 | with
the provisions of this Act act . Wherever in any such laws | ||||||
15 | reference is made to
"Directors" of such not-for-profit | ||||||
16 | corporations, such statutory provisions
shall be deemed to | ||||||
17 | apply to the trustees of corporations organized under
this Act | ||||||
18 | act , and wherever the office of the Secretary of State is | ||||||
19 | mentioned in
such an Act act , such provisions shall be deemed | ||||||
20 | to refer to and designate the
Director of Insurance when | ||||||
21 | applied to corporations organized hereunder.
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22 | (Source: P.A. 90-583, eff. 5-29-98.)".
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