Public Act 102-0212
 
SB1588 EnrolledLRB102 13159 BMS 18502 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Illinois Insurance Code is amended  by 
changing Section 500-10 and  by adding Article XLVI as follows:
 


    (215 ILCS 5/500-10)



    (Section scheduled to be repealed on January 1, 2027)

    Sec. 500-10. Definitions. In addition to the definitions 
in Section 2 of
the
Code, the following
definitions apply to 
this Article:

    "Business entity" means a corporation, association, 
partnership, limited
liability
company, limited liability 
partnership, or other legal entity.

    "Car rental limited line licensee" means a person 
authorized under the
provisions of
Section 500-105 to sell 
certain coverages relating to the rental of vehicles.

    "Home state" means the District of Columbia and any state 
or territory of the
United
States in which an insurance 
producer maintains his or her principal place of
residence or

principal place of business and is licensed to act as an 
insurance producer.

    "Insurance" means any of the lines of authority in Section 
500-35, any health
care plan
under the Health Maintenance 
Organization Act, or any limited health care plan
under the

Limited Health Service Organization Act.

    "Insurance producer" means a person required to be 
licensed under the laws of
this State
to sell, solicit, or 
negotiate insurance.

    "Insurer" means a company as defined in subsection (e) of 
Section 2 of this
Code, a
health maintenance organization as 
defined in the Health Maintenance
Organization Act, or a

limited health service organization as defined in the Limited 
Health
Service Organization Act.

    "License" means a document issued by the Director 
authorizing an individual
to act as an
insurance producer for 
the lines of authority specified in the document or

authorizing a business
entity to act as an insurance producer.  
The license itself does not create any
authority, actual,

apparent, or inherent, in the holder to represent or commit
an 
insurance carrier.

    "Limited lines insurance" means those lines of insurance 
defined in Section
500-100 or
any other line of insurance that 
the Director may deem it necessary to
recognize for the 
purposes
of complying with subsection (e) of Section 500-40.

    "Limited lines producer" means a person authorized by the 
Director to sell,
solicit, or
negotiate limited lines 
insurance.

    "Negotiate" means the act of conferring directly with or 
offering advice
directly to a
purchaser or prospective 
purchaser of a particular contract of insurance
concerning any

of the substantive benefits, terms, or conditions of the 
contract, provided
that the person
engaged in that act either 
sells insurance or obtains insurance from
insurers for 
purchasers.

    "Person" means an individual or a business entity.

    "Rental agreement" means a written agreement setting forth 
the terms and
conditions
governing the use of a vehicle 
provided by a rental company for
rental or lease.

    "Rental company" means a person, or a franchisee of the 
person, in the
business of
providing primarily private 
passenger vehicles to the public under a
rental agreement for 
a period
not to exceed 30 days.

    "Rental period" means the term of the rental agreement.

    "Renter" means a person obtaining the use of a vehicle 
from a
rental company under the
terms of a rental agreement for 
a period not to exceed 30 days.

    "Self-service storage facility limited line licensee" 
means a person
authorized under the provisions of Section 
500-107 to sell certain coverages
relating to the rental of 
self-service storage facilities.

    "Sell" means to exchange a contract of insurance by any 
means, for
money or its equivalent, on
behalf of an insurance 
company.

    "Solicit" means attempting to
sell insurance or asking or 
urging a person to apply for a
particular kind of insurance 
from a particular company.

    "Terminate" means the cancellation of the relationship 
between an insurance
producer and the
insurer or the 
termination of a producer's authority to transact insurance.

    "Travel insurance" has the meaning provided in Section 
1630 means insurance coverage for personal risks incident  to  
planned travel, including, but not limited to: (1) the 
interruption or cancellation of a trip or event, (2) the loss 
of baggage or personal  effects, (3)  damages to accommodations  
or rental vehicles, or (4) sickness, accident, disability, or 
death occurring during travel. "Travel insurance" does not 
include major medical plans that provide comprehensive medical 
protection for travelers with trips lasting 6 months or 
longer, including those working overseas as an ex-patriot or 
as military personnel on deployment. 
    "Uniform Business Entity Application" means the current 
version of the
National Association of Insurance 
Commissioners' Uniform
Business Entity Application for 
nonresident business entities.

    "Uniform Application" means the current version of the 
National Association
of Insurance Commissioners' Uniform

Application for
nonresident producer licensing.

    "Vehicle" or "rental vehicle" means a motor vehicle of (1) 
the private
passenger
type, including passenger vans, mini 
vans, and sport utility vehicles or (2)
the cargo type,

including cargo vans, pickup trucks, and trucks with a gross 
vehicle
weight of less than
26,000 pounds the operation of 
which does not require the operator to possess a
commercial

driver's license.

    "Webinar" means an online educational presentation during 
which a live and participating instructor and participating 
viewers, whose attendance is periodically verified throughout 
the presentation, actively engage in discussion and in the 
submission and answering of questions. 
(Source: P.A. 97-113, eff. 7-14-11; 98-1165, eff. 6-1-15.)

 
    (215 ILCS 5/Art. XLVI heading new)
ARTICLE XLVI.  TRAVEL INSURANCE

 
    (215 ILCS 5/1620 new)
    Sec. 1620. Short title. This Article may be cited as the 
Travel Insurance Act.
 
    (215 ILCS 5/1625 new)
    Sec. 1625. Scope and purposes.
    (a)   The purpose of this Article is to promote the public 
welfare by creating a comprehensive legal framework within 
which travel insurance may be sold in this State.
    (b)   This Article applies to travel insurance that covers 
any resident of this State, and is sold, solicited, 
negotiated, or offered in this State, and policies and 
certificates that are delivered or issued for delivery in this 
State. This Article does not apply to cancellation fee waivers 
or travel assistance services except as expressly provided in 
this Article.
    (c)   All other applicable provisions of this State's 
insurance laws shall continue to apply to travel insurance, 
except that the specific provisions of this Article shall 
supersede any general provisions of law that would otherwise 
be applicable to travel insurance.
 
    (215 ILCS 5/1630 new)
    Sec. 1630. Definitions. As used in this Article:
    "Aggregator site" means a website that provides access to 
information regarding insurance products from more than one 
insurer, including product and insurer information, for use in 
comparison shopping.
    "Blanket travel insurance" means a policy of travel 
insurance issued to any eligible group providing coverage for 
specific classes of persons defined in the policy with 
coverage provided to all members of the eligible group without 
a separate charge to individual members of the eligible group.
    "Cancellation fee waiver" means a contractual agreement 
between a supplier of travel services and its customer to 
waive some or all of the nonrefundable cancellation fee 
provisions of the supplier's underlying travel contract with 
or without regard to the reason for the cancellation or form of 
reimbursement. A "cancellation fee waiver" is not insurance.
    "Eligible group", solely for the purposes of travel 
insurance, means 2 or more persons who are engaged in a common 
enterprise, or have an economic, educational, or social 
affinity or relationship, including, but not limited to, any 
of the following:
        (1)     any entity engaged in the business of providing 
    travel or travel services, including, but not limited to: 
    tour operators, lodging providers, vacation property 
    owners, hotels and resorts, travel clubs, travel agencies, 
    property managers, cultural exchange programs, and common 
    carriers or the operator, owner, or lessor of a means of 
    transportation of passengers, including, but not limited 
    to, airlines, cruise lines, railroads, steamship 
    companies, and public bus carriers, wherein with regard to 
    any particular travel or type of travel or travelers, all 
    members or customers of the group must have a common 
    exposure to risk attendant to such travel;
        (2)     any college, school, or other institution of 
    learning covering students, teachers, employees, or 
    volunteers;
        (3)     any employer covering any group of employees, 
    volunteers, contractors, board of directors, dependents, 
    or guests;
        (4)     any sports team, camp, or sponsor of any sports 
    team or camp covering participants, members, campers, 
    employees, officials, supervisors, or volunteers;
        (5)     any religious, charitable, recreational, 
    educational, or civic organization, or branch of an 
    organization covering any group of members, participants, 
    or volunteers;
        (6)     any financial institution or financial institution 
    vendor, or parent holding company, trustee, or agent of or 
    designated by one or more financial institutions or 
    financial institution vendors, including account holders, 
    credit card holders, debtors, guarantors, or purchasers;
        (7)     any incorporated or unincorporated association, 
    including labor unions, having a common interest, 
    constitution and bylaws, and organized and maintained in 
    good faith for purposes other than obtaining insurance for 
    members or participants of such association covering its 
    members;
        (8)     any trust or the trustees of a fund established, 
    created, or maintained for the benefit of and covering 
    members, employees or customers, subject to the Director's 
    permitting the use of a trust and the State's premium tax 
    provisions, of one or more associations meeting the 
    requirements of paragraph (7) of this definition;
        (9)     any entertainment production company covering any 
    group of participants, volunteers, audience members, 
    contestants, or workers;
        (10)     any volunteer fire department, ambulance, rescue, 
    police, court, or any first aid, civil defense, or other 
    such volunteer group;
        (11)     preschools, day care institutions for children or 
    adults, and senior citizen clubs;
        (12)     any automobile or truck rental or leasing company 
    covering a group of individuals who may become renters, 
    lessees, or passengers defined by their travel status on 
    the rented or leased vehicles. The common carrier, the 
    operator, owner or lessor of a means of transportation, or 
    the automobile or truck rental or leasing company, is the 
    policyholder under a policy to which this Section applies; 
    or
        (13)   any other group where the Director has determined 
    that the members are engaged in a common enterprise, or 
    have an economic, educational, or social affinity or 
    relationship, and that issuance of the policy would not be 
    contrary to the public interest.
    "Fulfillment materials" means documentation sent to the 
purchaser of a travel protection plan confirming the purchase 
and providing the travel protection plan's coverage and 
assistance details.
    "Group travel insurance" means travel insurance issued to 
any eligible group.
    "Limited lines travel insurance producer" means one of the 
following:
        (1)   a licensed managing general agent or third-party 
    administrator;
        (2)   a licensed insurance producer, including a limited 
    lines producer; or
        (3)   a travel administrator.
    "Offering and disseminating" means the following:
        (1)   Providing information to a prospective or current 
    policyholder on behalf of a limited lines travel insurance 
    entity, including brochures, buyer guides, descriptions of 
    coverage, and price.
        (2)   Referring specific questions regarding coverage 
    features and benefits from a prospective or current 
    policyholder to a limited lines travel insurance entity.
        (3)   Disseminating and processing applications for 
    coverage, coverage selection forms, or other similar forms 
    in response to a request from a prospective or current 
    policyholder.
        (4)   Collecting premiums from a prospective or current 
    policyholder on behalf of a limited lines travel insurance 
    entity.
        (5)   Receiving and recording information from a 
    policyholder to share with a limited lines travel 
    insurance entity.
    "Primary policyholder" means an individual person who 
elects and purchases individual travel insurance.
    "Travel administrator" means a person who directly or 
indirectly underwrites, collects charges, collateral, or 
premiums from, or adjusts or settles claims on residents of 
this State in connection with travel insurance, except that a 
person shall not be considered a travel administrator if that 
person's only actions that would otherwise cause the person to 
be considered a travel administrator are among the following:
        (1)   a person working for a travel administrator to the 
    extent that the person's activities are subject to the 
    supervision and control of the travel administrator;
        (2)   an insurance producer selling insurance or engaged 
    in administrative and claims-related activities within the 
    scope of the producer's license;
        (3)   a travel retailer offering and disseminating 
    travel insurance and registered under the license of a 
    limited lines travel insurance producer in accordance with 
    Section 1635;
        (4)   an individual adjusting or settling claims in the 
    normal course of that individual's practice or employment 
    as an attorney-at-law and who does not collect charges or 
    premiums in connection with insurance coverage; or
        (5)   a business entity that is affiliated with a 
    licensed insurer while acting as a travel administrator 
    for the direct and assumed insurance business of an 
    affiliated insurer.
    "Travel assistance services" means noninsurance services 
for which the consumer is not indemnified based on a 
fortuitous event, and where providing the service does not 
result in transfer or shifting of risk that would constitute 
the business of insurance. "Travel assistance services" 
include, but are not limited to: security advisories; 
destination information; vaccination and immunization 
information services; travel reservation services; 
entertainment; activity and event planning; translation 
assistance; emergency messaging; international legal and 
medical referrals; medical case monitoring; coordination of 
transportation arrangements; emergency cash transfer 
assistance; medical prescription replacement assistance; 
passport and travel document replacement assistance; lost 
luggage assistance; concierge services; and any other service 
that is furnished in connection with planned travel. "Travel 
assistance services" are not insurance and are not related to 
insurance.
    "Travel insurance" means insurance coverage for personal 
risks incident to planned travel, including, but not limited 
to:
        (1)   the interruption or cancellation of a trip or 
    event;
        (2)   the loss of baggage or personal effects;
        (3)   damages to accommodations or rental vehicles;
        (4)   sickness, accident, disability, or death occurring 
    during travel;
        (5)   emergency evacuation;
        (6)   repatriation of remains; or
        (7)   any other contractual obligations to indemnify or 
    pay a specified amount to the traveler upon determinable 
    contingencies related to travel as approved by the 
    Director.
    "Travel insurance" does not include major medical plans 
that provide comprehensive medical protection for travelers 
with trips lasting 6 months or longer, including those working 
overseas as expatriates or as military personnel on 
deployment.
    "Travel insurance business entity" means a licensed 
insurance producer designated by an insurer as set forth in 
subsection (h) of Section 1635.
    "Travel protection plans" means plans that provide one or 
more of the following: travel insurance, travel assistance 
services, and cancellation fee waivers.
    "Travel retailer" means a business organization that 
makes, arranges, or offers travel services and, with respect 
to travel insurance, is limited to offering and disseminating 
as defined in this Section, unless otherwise licensed under 
subsection (b) of Section 1635.
 
    (215 ILCS 5/1635 new)
    Sec. 1635. Licensing and registration.
    (a)   The Director may issue to a travel insurance business 
entity that registers travel retailers under its license as 
described in paragraph (2) of subsection (c) of this Section a 
producer license as provided in paragraph (6) of subsection 
(a) of Section 500-35 of this Code. A travel insurance 
business entity license issued under this Section shall also 
authorize any employee of the travel insurance business entity 
to act individually on behalf and under the supervision of the 
travel insurance business entity licensee with respect to the 
coverage specified in this Section. Each travel insurance 
business entity licensed under this Section shall pay the 
Department a fee of $500 for its initial license and $500 for 
each renewal license, payable on May 31 annually.
    (b)   The Director may issue to a travel retailer a limited 
lines producer license. A travel retailer license issued under 
this Section shall also authorize any employee of the travel 
retailer limited line licensee to act individually on behalf 
and under the supervision of the travel retailer limited line 
licensee with respect to the coverage specified in this 
Section.
    (c)   Notwithstanding any other provision of law, a travel 
retailer may do the limited activities of offering and 
disseminating travel insurance on behalf of and under the 
license of a supervising travel insurance business entity if 
the following conditions are met:
        (1)   the travel insurance business entity or travel 
    retailer provides to purchasers of travel insurance:
            (A)   a description of the material terms or the 
        actual material terms of the insurance coverage;
            (B)   a description of the process for filing a 
        claim;
            (C)   a description of the review or cancellation 
        process for the travel insurance policy; and
            (D)   the identity and contact information of the 
        insurer and travel insurance business entity;
        (2) at the time of licensure, the travel insurance 
    business entity shall establish and maintain a register on 
    a form prescribed by the Director of each travel retailer 
    that offers travel insurance on the travel insurance 
    business entity's behalf; the register shall be maintained 
    and updated continuously by the travel insurance business 
    entity and shall include the name, address, and contact 
    information of the travel retailer and an officer or 
    person who directs or controls the travel retailer's 
    operations and the travel retailer's federal tax 
    identification number; the travel insurance business 
    entity shall submit the register to the Director annually 
    on a form and in a manner approved by the Director; the 
    limited lines producer shall also certify that the travel 
    retailer personnel who are offering and disseminating 
    insurance under the travel retailer's registration 
    complies with 18 U.S.C. 1033;
        (3) the travel insurance business entity has 
    designated one of its employees as a licensed individual 
    producer (a designated responsible producer or DRP) 
    responsible for the travel insurance business entity's and 
    its travel retailer's compliance with the travel insurance 
    laws, rules, and regulations of this State;
        (4) the travel insurance business entity has paid all 
    applicable insurance producer licensing fees as set forth 
    in this Code; and
        (5) the travel insurance business entity requires each 
    employee and authorized representative of the travel 
    retailer whose duties include offering and disseminating 
    travel insurance to receive a program of instruction or 
    training that shall be subject to review by the Director; 
    the training material shall, at a minimum, contain 
    instructions on the types of insurance offered, ethical 
    sales practices, and required disclosures to prospective 
    customers.
    (d)   Any travel retailer offering or disseminating travel 
insurance shall make available to prospective purchasers 
brochures or other written materials that:
        (1) provide the identity and contact information of 
    the insurer and the travel insurance business entity;
        (2) explain that the purchase of travel insurance is 
    not required in order to purchase any other product or 
    service from the travel retailer; and
        (3) explain that an unlicensed travel retailer is 
    permitted to provide general information about the 
    insurance offered by the travel retailer, including a 
    description of the coverage and price, but is not 
    qualified or authorized to answer technical questions 
    about the terms and conditions of the insurance offered by 
    the travel retailer or to evaluate the adequacy of the 
    customer's existing insurance coverage.
    (e)   A travel retailer's employee or authorized 
representative who is not licensed as an insurance producer 
may not:
        (1)   evaluate or interpret the technical terms, 
    benefits, and conditions of the offered travel insurance 
    coverage;
        (2)   evaluate or provide advice concerning a 
    prospective purchaser's existing insurance coverage; or
        (3)   hold himself, herself, or itself out as a licensed 
    insurer, licensed producer, or insurance expert.
    (f)   A travel retailer whose insurance-related activities, 
and those of its employees and authorized representatives, are 
limited to offering and disseminating travel insurance on 
behalf of and under the direction of a travel insurance 
business entity meeting the conditions stated in this Section 
is authorized to do so and receive related compensation upon 
registration by the travel insurance business entity as 
described in paragraph (2) of subsection (c) of this Section.
    (g)  Travel insurance may be provided under an individual 
policy or under a group, blanket, or master policy.
    (h)  As the insurer designee, the travel insurance business 
entity is responsible for the acts of the travel retailer that 
is registered under its license.
    (i)  Any entity that violates any provision of this Article 
shall be subject to all appropriate regulatory action as set 
forth in this Code.
    (j)  Any person licensed in a major line of authority as an 
insurance producer is authorized to sell, solicit, and 
negotiate travel insurance. A property and casualty insurance 
producer is not required to become appointed by an insurer in 
order to sell, solicit, or negotiate travel insurance.
 
    (215 ILCS 5/1640 new)
    Sec. 1640. Travel protection plans. Travel protection 
plans may be offered for one price for the combined features 
that the travel protection plan offers in this State if:
        (1)   the travel protection plan clearly discloses to 
    the consumer, at or before the time of purchase, that it 
    includes travel insurance, travel assistance services, and 
    cancellation fee waivers, as applicable, and provides 
    information and an opportunity, at or before the time of 
    purchase, for the consumer to obtain additional 
    information regarding the features and pricing of each; 
    and
        (2)   the fulfillment materials:
            (A)   describe and delineate the travel insurance, 
        travel assistance services, and cancellation fee 
        waivers in the travel protection plan; and
            (B)   include the travel insurance disclosures and 
        the contact information for persons providing travel 
        assistance services, and cancellation fee waivers, as 
        applicable.
 
    (215 ILCS 5/1645 new)
    Sec. 1645. Sales practices. 
    (a) All persons offering travel insurance to residents of 
this State are subject to the Unfair Methods of Competition 
and Unfair and Deceptive Acts and Practices Article of this 
Code, except as otherwise provided in this Section. In the 
event of a conflict between this Article and other provisions 
of this Code regarding the sale and marketing of travel 
insurance and travel protection plans, the provisions of this 
Article shall control.
    (b) Offering or selling a travel insurance policy that 
could never result in payment of any claims for any insured 
under the policy is an unfair trade practice under Section 
424.
    (c) Marketing of travel insurance policies shall comply 
with the following:
        (1) All documents provided to consumers before the 
    purchase of travel insurance, including, but not limited 
    to, sales materials, advertising materials, and marketing 
    materials, shall be consistent with the travel insurance 
    policy itself, including, but not limited to, forms, 
    endorsements, policies, rate filings, and certificates of 
    insurance.
        (2)   For travel insurance policies or certificates that 
    contain preexisting condition exclusions, information and 
    an opportunity to learn more about the preexisting 
    condition exclusions shall be provided any time prior to 
    the time of purchase, and in the coverage's fulfillment 
    materials.
        (3)   The fulfillment materials and the information 
    described in subparagraphs (A) through (D) of paragraph 
    (1) of subsection (c) of Section 1635 shall be provided to 
    a policyholder or certificate holder as soon as 
    practicable following the purchase of a travel protection 
    plan. Unless the insured has either started a covered trip 
    or filed a claim under the travel insurance coverage, a 
    policyholder or certificate holder may cancel a policy or 
    certificate for a full refund of the travel protection 
    plan price from the date of purchase of a travel 
    protection plan until at least:
            (A) 15 days following the date of delivery of the 
        travel protection plan's fulfillment materials by 
        postal mail; or
            (B) 10 days following the date of delivery of the 
        travel protection plan's fulfillment materials by 
        means other than postal mail.
For the purposes of this 
        Section, delivery means handing fulfillment materials 
        to the policyholder or certificate holder or sending 
        fulfillment materials by postal mail or electronic 
        means to the policyholder or certificate holder.
        (4) The company shall disclose in the policy 
    documentation and fulfillment materials whether the travel 
    insurance is primary or secondary to other applicable 
    coverage.
        (5)   Where travel insurance is marketed directly to a 
    consumer through an insurer's website or by others through 
    an aggregator site, it shall not be an unfair trade 
    practice or other violation of law where an accurate 
    summary or short description of coverage is provided on 
    the web page, so long as the consumer has access to the 
    full provisions of the policy through electronic means.
    (d) No person offering, soliciting, or negotiating travel 
insurance or travel protection plans on an individual or group 
basis may do so by using negative option or opt out, which 
would require a consumer to take an affirmative action to 
deselect coverage, such as unchecking a box on an electronic 
form, when the consumer purchases a trip.
    (e) It shall be an unfair trade practice under Section 424 
to market blanket travel insurance coverage as free.
    (f) Where a consumer's destination jurisdiction requires 
insurance coverage, it shall not be an unfair trade practice 
to require that a consumer choose between the following 
options as a condition of purchasing a trip or travel package:
        (1)   purchasing the coverage required by the 
    destination jurisdiction through the travel retailer or 
    limited lines travel insurance producer supplying the trip 
    or travel package; or
        (2)   agreeing to obtain and provide proof of coverage 
    that meets the destination jurisdiction's requirements 
    before departure.
 
    (215 ILCS 5/1650 new)
    Sec. 1650. Travel insurance administrators. 
    (a)   Notwithstanding any other provisions of this Code, no 
entity shall act or represent itself as a travel administrator 
for travel insurance in this State unless that entity:
        (1)   is a licensed property and casualty insurance 
    producer in this State for activities permitted under that 
    producer license;
        (2)   holds a valid managing general agent license in 
    this State; or
        (3)   holds a valid third-party administrator license in 
    this State.
    (b)   An insurer is responsible for the acts of a travel 
administrator administering travel insurance underwritten by 
the insurer, and is responsible for ensuring that the travel 
administrator maintains all books and records relevant to the 
insurer to be made available by the travel administrator to 
the Director upon request.
 
    (215 ILCS 5/1655 new)
    Sec. 1655. Policy.
    (a)   Notwithstanding any other provision of this Code, 
travel insurance shall be classified and filed for purposes of 
rates and forms under an inland marine line of insurance, 
including travel insurance that provides coverage for 
sickness, accident, disability, or death occurring during 
travel, either exclusively, or in conjunction with related 
coverages of emergency evacuation or repatriation of remains, 
or incidental limited property and casualty benefits such as 
baggage or trip cancellation.
    (b)   Travel insurance may be in the form of an individual, 
group, master, or blanket policy.
    (c)   Eligibility and underwriting standards for travel 
insurance may be developed and provided based on travel 
protection plans designed for individual or identified 
marketing or distribution channels, provided those standards 
also meet this State's underwriting standards for inland 
marine.
 
    (215 ILCS 5/1660 new)
    Sec. 1660. Rules. The Department may adopt rules to 
implement this Article.
 
    (215 ILCS 5/500-108 rep.)
    Section 10. The Illinois Insurance Code is amended  by 
repealing Section 500-108.
  
 
    Section 99. Effective date. This Act takes effect 90 days 
after becoming law.