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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY DeLUCA, D. COSTA, DALEY, DeWEESE, FRANKEL, HARKINS, HORNAMAN, HUTCHINSON, JOSEPHS, MAHONEY, MATZIE, McGEEHAN, MURPHY, MURT, PRESTON, READSHAW, YOUNGBLOOD, BARBIN, BISHOP, K. BOYLE, BUXTON, COHEN, CURRY, DERMODY, FABRIZIO, KORTZ, KULA, MULLERY, PASHINSKI, PYLE, SAMUELSON AND WATERS, JANUARY 26, 2012 |
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| REFERRED TO COMMITTEE ON FINANCE, JANUARY 26, 2012 |
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| AN ACT |
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1 | Amending Titles 10 (Charities), 15 (Corporations and |
2 | Unincorporated Associations) and 40 (Insurance) of the |
3 | Pennsylvania Consolidated Statutes, providing for nonprofit |
4 | organizations; and further providing for compensation of |
5 | directors, for definitions, for prohibition, for definitions |
6 | and for board of directors. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Title 10 of the Pennsylvania Consolidated |
10 | Statutes is amended by adding parts to read: |
11 | PART I |
12 | PRELIMINARY PROVISIONS |
13 | (RESERVED) |
14 | PART II |
15 | NONPROFIT ORGANIZATIONS |
16 | Chapter |
17 | 21. Preliminary Provisions (Reserved) |
18 | 23. Boards of Directors |
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1 | CHAPTER 21 |
2 | PRELIMINARY PROVISIONS |
3 | (RESERVED) |
4 | CHAPTER 23 |
5 | BOARDS OF DIRECTORS |
6 | Sec. |
7 | 2301. Scope of chapter. |
8 | 2302. Definitions. |
9 | 2303. Prohibition. |
10 | § 2301. Scope of chapter. |
11 | This chapter relates to boards of directors of nonprofit |
12 | organizations. |
13 | § 2302. Definitions. |
14 | The following words and phrases when used in this chapter |
15 | shall have the meanings given to them in this section unless the |
16 | context clearly indicates otherwise: |
17 | "Board of directors." The group of persons vested with the |
18 | management of the business and affairs of a nonprofit |
19 | organization irrespective of the name by which such group is |
20 | designated. The term does not include an other body. |
21 | "Director." A person designated, elected or appointed, by |
22 | that or any other name or title, to act as a director, and his |
23 | successors. The term does not include a member of an other body. |
24 | "Nonprofit organization." An entity listed under section |
25 | 501(c)(3) of the Internal Revenue Code of 1986 (Public Law |
26 | 99-514, 26 U.S.C. § 501(c)(3)). |
27 | § 2303. Prohibition. |
28 | No director shall receive compensation for his services as a |
29 | director of a nonprofit organization. |
30 | Section 2. Section 5730 of Title 15 is amended to read: |
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1 | § 5730. Compensation of directors. |
2 | [Except as otherwise restricted in the bylaws, the board of |
3 | directors shall have the authority to fix the compensation of |
4 | directors for their services as such, and a director may be a |
5 | salaried officer of the corporation.] No director shall receive |
6 | compensation for his services as a director. |
7 | Section 3. Section 6101 of Title 40 is amended by adding |
8 | definitions to read: |
9 | § 6101. Definitions. |
10 | The following words and phrases when used in this chapter |
11 | shall have, unless the context clearly indicates otherwise, the |
12 | meanings given to them in this section: |
13 | "Compensation." Anything given or received as an equivalent |
14 | for services. The term shall not include reimbursement for costs |
15 | and expenses reasonably incurred by the independent officer, |
16 | director or trustee in the course and support of services. |
17 | * * * |
18 | "Independent officer, director or trustee." An officer, |
19 | director or trustee of a hospital plan corporation who is not |
20 | serving as an employee, or the equivalent of an employee, of the |
21 | hospital plan corporation. |
22 | * * * |
23 | Section 4. Title 40 is amended by adding a section to read: |
24 | § 6128. Prohibition. |
25 | No hospital plan corporation shall provide compensation to an |
26 | independent officer, director or trustee for services as an |
27 | independent officer, director or trustee. |
28 | Section 5. Section 6302(a) of Title 40 is amended by adding |
29 | definitions to read: |
30 | § 6302. Definitions. |
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1 | (a) General rule.--The following words and phrases when used |
2 | in this chapter shall have, unless the context clearly indicates |
3 | otherwise, the meanings given to them in this section: |
4 | * * * |
5 | "Compensation." Anything given or received as an equivalent |
6 | for services. The term shall not include reimbursement for costs |
7 | and expenses reasonably incurred by the independent officer, |
8 | director or trustee in the course and support of services. |
9 | * * * |
10 | Section 6. Section 6328(b) of Title 40 is amended by adding |
11 | a paragraph to read: |
12 | § 6328. Board of directors. |
13 | * * * |
14 | (b) General medical service corporation.-- |
15 | * * * |
16 | (7) No general medical services corporation shall |
17 | provide compensation to a director for his services as a |
18 | director. |
19 | Section 7. This act shall take effect in 60 days. |
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