HB3888 96TH GENERAL ASSEMBLY

LRB096 08392 JDS 18504 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3888

Introduced 2/26/2009, by Rep. William B. Black

SYNOPSIS AS INTRODUCED:

See Index

Amends the Animal Welfare Act. Provides that a pet shop operator who, through a sale at retail, transfers ownership of a dog or cat to a purchaser may not purchase a dog or cat from a dog dealer, cat dealer, or pet shop operator that must be, but is not, licensed under the Act. Provides that an animal shelter or animal control facility shall not, unless certain requirements are met, adopt out a cat or dog that has not been sterilized and microchipped. Provides than an animal shelter or animal control facility may only release an animal to a person representing an animal shelter if certain requirements are met. Provides that a purchaser who, through a sale at retail, acquires ownership of a dog or cat is entitled to certain specified remedies if certain requirements are met. Increases penalties for certain violations. Makes other changes. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that the pet shop operator, dog dealer, or cat dealer that makes the sale at retail of a cat or dog commits a violation of the Act if it does not, under certain circumstances, provide a purchaser with remedies to which he or she is entitled. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning animals.

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

Section 5. The Animal Welfare Act is amended by changing Sections 2, 2.2, 3, 3.1, 3.2, 5, 10, 18, 20, and 20.5 and by adding Sections 2.3, 3.5, 3.6, 4.1, 4.2, 4.3, 4.4, 25, and 30 as follows:

(225 ILCS 605/2) (from Ch. 8, par. 302)

Sec. 2. Definitions. As used in this Act unless the context otherwise requires:

"Department" means the Illinois Department of Agriculture.

"Director" means the Director of the Illinois Department of Agriculture.

"Pet shop operator" means any person who sells, offers to sell, exchange, or offers for adoption with or without charge or donation dogs, cats, birds, fish, reptiles, or other animals customarily obtained as pets in this State. However, a person who sells only such animals that he has produced and raised shall not be considered a pet shop operator under this Act, and a veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 2004 shall not be considered a pet shop operator under this Act.

"Dog dealer" means any person who sells, offers to sell, exchanges exchange, or offers for adoption with or without charge or donation dogs in this State. However, a person who sells, offers to sell, exchanges, or offers for adoption, with or without charge, only dogs that he has produced and raised shall not be considered a dog dealer under this Act if such person owns, possesses, or harbors fewer than 6 female dogs capable of reproduction. A , and a veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 2004 shall not be considered a dog dealer under this Act.

"Cat dealer" means any person who sells, offers to sell, exchanges, or offers for adoption with or without charge or donation cats in this State. However, a person who sells, offers to sell, exchanges, or offers for adoption, with or without charge, only cats that he has produced and raised shall not be considered a cat dealer under this Act if such person owns, possesses, or harbors fewer than 6 female cats capable of reproduction. A veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 2004 shall not be considered a cat dealer under this Act.

"Secretary of Agriculture" or "Secretary" means the Secretary of Agriculture of the United States Department of Agriculture.

"Person" means any person, firm, corporation, partnership, association or other legal entity, any public or private institution, the State of Illinois, or any municipal corporation or political subdivision of the State.

"Kennel operator" means any person who operates an establishment, other than an animal control facility, veterinary hospital, or animal shelter, where dogs or dogs and cats are maintained for boarding, day care, training, or similar purposes for a fee or compensation. ; or who sells, offers to sell, exchange, or offers for adoption with or without charge dogs or dogs and cats which he has produced and raised. A person who owns, has possession of, or harbors 5 or less females capable of reproduction shall not be considered a kennel operator.

"Cattery operator" means any person who operates an establishment, other than an animal control facility or animal shelter, where cats are maintained for boarding, training, or similar purposes for a fee or compensation. ; or who sells, offers to sell, exchange, or offers for adoption with or without charges cats which he has produced and raised. A person who owns, has possession of, or harbors 5 or less females capable of reproduction shall not be considered a cattery operator.

"Animal control facility" means any facility operated by or under contract for the State, county, or any municipal corporation or political subdivision of the State for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted dogs, cats, and other animals. "Animal control facility" also means any veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 2004 which operates for the above mentioned purpose in addition to its customary purposes.

"Animal shelter" means a facility operated, owned, or maintained by a duly incorporated humane society, animal welfare society, or other non-profit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals. "Animal shelter" also means any veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 2004 which operates for the above mentioned purpose in addition to its customary purposes.

"Foster home" means an entity that accepts the responsibility for stewardship of animals that are the obligation of an animal shelter or animal control facility, not to exceed 4 fostered animals at any given time. Permits to operate as a "foster home" shall be issued through the animal shelter or animal control facility.

"Guard dog service" means an entity that, for a fee, furnishes or leases guard or sentry dogs for the protection of life or property. A person is not a guard dog service solely because he or she owns a dog and uses it to guard his or her home, business, or farmland.

"Guard dog" means a type of dog used primarily for the purpose of defending, patrolling, or protecting property or life at a commercial establishment other than a farm. "Guard dog" does not include stock dogs used primarily for handling and controlling livestock or farm animals, nor does it include personally owned pets that also provide security.

"Sentry dog" means a dog trained to work without supervision in a fenced facility other than a farm, and to deter or detain unauthorized persons found within the facility.

"Probationary status" means the 12-month period following a series of violations of this Act during which any further violation shall result in an automatic 12-month suspension of licensure.

"Purchaser" means anyone who, through a sale at retail, acquires the ownership of a dog or cat that is not more than 18 months old when purchased.

"Sale at retail" means a "sale at retail" as defined in the Retailers' Occupation Tax Act.

(Source: P.A. 95-550, eff. 6-1-08.)

(225 ILCS 605/2.2) (from Ch. 8, par. 302.2)

Sec. 2.2. No dog dealer or cat dealer , kennel operator, or cattery operator shall separate a puppy or kitten from its mother, for the purpose of sale, until such puppy or kitten has attained the age of 8 weeks.

All licensees under this Act shall maintain records of the origin and sale or adoption of all dogs and cats, and such records shall be made available for inspection by the Secretary or the Department upon demand. Such records must contain proof in proper form of purebreds and their pedigree, and evidence of such proof must be provided to any person acquiring a dog or cat from a licensee under this Act. In addition, guard dog services shall be required to maintain records of transfer of ownership, death, or disappearance of a guard dog or sentry dog used by that guard dog service.

(Source: P.A. 89-178, eff. 7-19-95.)

(225 ILCS 605/2.3 new)

Sec. 2.3. Prohibition on pet shop operators' sale of dogs and cats purchased from unlicensed sources. No pet shop operator who, through a sale at retail, transfers ownership of a dog or cat to a purchaser shall purchase a dog or cat from a dog dealer, cat dealer, or pet shop operator that must be, but is not, licensed under this Act.

(225 ILCS 605/3) (from Ch. 8, par. 303)

Sec. 3. (a) Except as provided in subsection (b) of this Section, no person shall engage in business as a pet shop operator, dog dealer, cat dealer, kennel operator, or cattery operator, or operate a guard dog service, an animal control facility or animal shelter or any combination thereof, in this State without a license therefor issued by the Department. A Only one license shall be required for each type any combination of business businesses at each one location, except that a separate license shall be required to operate a guard dog service. Guard dog services that are located outside this State but provide services within this State are required to obtain a license from the Department. Out-of-state guard dog services are required to comply with the requirements of this Act with regard to guard dogs and sentry dogs transported to or used within this State.

(b) This Act does not apply to a private detective agency or private security agency licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 that provides guard dog or canine odor detection services and does not otherwise operate a kennel for hire.

(Source: P.A. 95-613, eff. 9-11-07.)

(225 ILCS 605/3.1) (from Ch. 8, par. 303.1)

Sec. 3.1. Information on dogs and cats for sale. Every pet shop operator, dog dealer, and cat dealer cattery operator shall provide to the purchaser the following information for every dog or cat available for sale or adoption:

(a) The age, sex, and weight of the animal.

(b) The breed of the animal.

(c) A record of vaccinations and veterinary care and treatment.

(d) A record of surgical sterilization or lack of surgical sterilization.

(e) The name and address of the breeder of the animal.

(f) The name and address of any other person who owned or harbored the animal between its birth and the point of sale.

(g) A copy of the purchaser's rights, requirements for purchaser's remedies, and purchaser's remedies found in Sections 4.1, 4.3, and 4.4 of this Act.

(Source: P.A. 87-819.)

(225 ILCS 605/3.2)

Sec. 3.2. Foster homes. A person shall not operate a foster home without first obtaining a permit from the animal shelter or animal control facility for which that person will operate the foster home. Upon application and payment of the required fees by the animal shelter or animal control facility, the Department shall issue foster home permits to the animal shelter or animal control facility. The animal shelter or animal control facility shall be responsible for the records and have all the obligations of stewardship for animals in the foster homes to which it issues permits.

Foster homes shall provide the care for animals required by this Act and shall report any deviation that might affect the status of the license or permit to the animal shelter.

A foster home shall not care for more than 4 fostered animals at any one time. Mothers and offspring under 3 months of age will be considered one unit. Equine mothers and offspring under the age of 1 year will be considered one unit.

(Source: P.A. 89-178, eff. 7-19-95.)

(225 ILCS 605/3.5 new)

Sec. 3.5. Adoption of dogs and cats.

(a) An animal shelter or animal control facility shall not adopt out any dog or cat unless it has been sterilized and microchipped. However, an animal shelter or animal control facility may adopt out a dog or cat that has not been sterilized and microchipped if:

(1) the adopting owner has executed a written agreement agreeing to have sterilizing and microchipping procedures performed on the animal to be adopted within a specified period of time not to exceed 30 days after the date of the adoption, or

(2) the adopting owner has executed a written agreement to have sterilizing and microchipping procedures performed within 14 days after a licensed veterinarian certifies the dog or cat is healthy enough for sterilizing and microchipping procedures, and a licensed veterinarian has certified that the dog or cat is too sick or injured to be sterilized or it would be detrimental to the health of the dog or cat to be sterilized or microchipped at the time of the adoption.

(b) An animal shelter or animal control facility may adopt out any dog or cat that is not free of disease, injury, or abnormality if the disease, injury, or abnormality is disclosed in writing to the adopter, and the animal shelter or animal control facility allows the adopter to return the animal to the animal shelter or animal control facility.

(c) The requirements of subsections (a) and (b) of this Section do not apply to adoptions subject to Section 11 of the Animal Control Act.

(225 ILCS 605/3.6 new)

Sec. 3.6. Release of dogs and cats to shelters. No animal shelter or animal control facility may release any animal to an individual representing an animal shelter unless the animal shelter (i) has been licensed, (ii) has a foster care permit issued by the Illinois Department of Agriculture, or (iii) is a representative of a not-for-profit out-of-state organization.

(225 ILCS 605/4.1 new)

Sec. 4.1. Purchaser's rights. A purchaser who, through a sale at retail, acquires ownership of a dog or cat is entitled to a remedy under this Act if any one or more of the following occur:

(1) The dog or cat that the purchaser purchased through a sale at retail dies within 12 months after purchase, and a veterinarian determines that the dog or cat had a congenital or hereditary condition that severely affected the health of the dog or cat.

(2) Within 12 months after purchase, the dog or cat that the purchaser purchased through a sale at retail shows symptoms of a congenital or hereditary condition that severely affects the health of the dog or cat, and a veterinarian determines that the dog or cat has that condition.

(3) The dog or cat that the purchaser purchased through a sale at retail dies within 2 weeks after the purchase, and a veterinarian determines that the dog or cat had an injury, defect, or illness that (i) was obvious or able to be diagnosed before the purchaser acquired ownership of the dog or cat or (ii) was likely acquired before the purchaser acquired ownership of the dog or cat.

(4) The dog or cat dies within 2 weeks after the purchase and a veterinarian determines that the dog or cat died from causes other than accident, injury, or neglect after the purchaser acquired ownership of the dog or cat.

(225 ILCS 605/4.2 new)

Sec. 4.2. Veterinary health determinations. If a veterinarian recommends that a necropsy is required to determine whether a dog or cat had a congenital or hereditary condition, injury, defect, or illness and if the purchaser is eligible to seek a remedy under this Act, then the kennel operator, dog dealer, or cat dealer that made the sale at retail of the dog or cat shall be responsible to pay the fee for the necropsy. The necropsy shall be performed by a mutually agreed upon veterinarian. If a veterinarian cannot be agreed upon by the parties, then the necropsy must be performed by a board certified veterinary pathologist or at a State or University diagnostic laboratory. Transportation costs, if needed, must be included in the reimbursement for the necropsy fee. The Department shall, by administrative rule, adopt any rules necessary to implement this Section.

(225 ILCS 605/4.3 new)

Sec. 4.3. Requirements for purchaser's remedy.

(a) A purchaser who acquires ownership of a dog or cat through a sale at retail shall not be entitled to a remedy under this Act unless he or she has done all of the following:

(1) The purchaser must have agreed to pay a "Pet Lemon Law" fee to be assessed by the pet shop operator, dog dealer, or cat dealer. The "Pet Lemon Law" fee shall be no more than 5% of the price of the dog or cat that is purchased through a sale at retail.

(2) The purchaser of the dog or cat must have inoculated the dog or cat against rabies if it is 4 months or more of age.

(3) The purchaser must demonstrate that he or she has taken his or her animal to a veterinarian and has complied with the vaccination, heartworm prevention, and other health maintenance recommendations of a veterinarian with whom he or she has a Veterinarian-client relationship as defined in the Veterinary Medicine and Surgery Practice Act of 2004.

(225 ILCS 605/4.4 new)

Sec. 4.4. Purchaser's remedies.

(a) A purchaser who is entitled to a remedy under this Act because of the injury, defect, or illness of a covered dog or cat may elect one of the following remedies:

(1) The purchaser may return the dog or cat, if living, to the pet shop operator, dog dealer, or cat dealer that made the sale at retail to the purchaser and may obtain from that person (i) a refund of the purchase price paid by the purchaser and (ii) reimbursement for reasonable veterinary fees incurred by the purchaser, which shall be limited to no more than the purchase price of the animal.

(2) The purchaser may return the dog or cat, if living, to the pet shop operator, dog dealer, or cat dealer that made the sale at retail of the dog or cat and obtain from that person: (i) another dog or cat of equivalent value to the purchase price paid by the purchaser and (ii) reimbursement for reasonable veterinary fees incurred by the purchaser, which shall be limited to no more than the purchase price of the animal.

(3) The purchaser may keep the dog or cat, if living, and obtain, from the pet shop operator, dog dealer, or cat dealer that made the sale at retail of the dog or cat, reimbursement for reasonable veterinary fees incurred by the purchaser, which shall be limited to no more than the purchase price of the animal.

(4) In the case of an already deceased animal, the purchaser may elect to receive from the pet shop operator, dog dealer, or cat dealer that made the sale at retail of the dog or cat to the purchaser a refund of the purchase price paid by the purchaser or another dog or cat of equivalent value to the purchase price paid by the purchaser. In addition, the purchaser shall be entitled to reimbursement for reasonable veterinary fees incurred by the purchaser, which shall be limited to no more than the purchase price of the animal plus, if required under this Act, the cost of a necropsy.

(b) The pet shop operator, dog dealer, or cat dealer that makes the sale at retail of a cat or dog commits a violation of the Consumer Fraud and Deceptive Business Practices Act if he or she fails to provide, within 14 days after the purchaser's demand, one of the remedies specified under Section 4.4 to a purchaser who is also qualified to receive a remedy from that entity or individual under Section 4.3.

(225 ILCS 605/5) (from Ch. 8, par. 305)

Sec. 5. Applications by individuals for original licenses shall be made to the Department, shall be in writing on forms prescribed by the Department and shall be accompanied by the required fee, which shall not be returnable. Any such application shall require such information as in the judgment of the Department will enable the Department to pass on the qualifications of the applicant for a license. It shall include, but need not be limited to information concerning age, citizenship, present residence, location of the business licensed under this Act, including the location of all foster homes, description of facilities to be used, present and previous business connections and experience, bank and professional references, whether any license of the applicant under this Act or any federal, state, county or local law, ordinance or regulation, relating to dealing in or handling dogs or cats, ever was suspended or revoked and whether the applicant ever has been convicted of a felony. Such felony conviction may be taken into consideration by the Department in determining qualifications for licensing but shall not operate as a bar to licensing.

(Source: P.A. 89-178, eff. 7-19-95.)

(225 ILCS 605/10) (from Ch. 8, par. 310)

Sec. 10. Grounds for discipline. The Department may refuse to issue or renew or may suspend or revoke a license on any one or more of the following grounds:

a. Material misstatement or intentional misrepresentation of fact in the application for original license or in the application for any renewal license under this Act;

b. A violation of this Act or of any regulations or rules issued pursuant thereto;

c. Aiding or abetting another in the violation of this Act or of any regulation or rule issued pursuant thereto;

d. Allowing one's license under this Act to be used by an unlicensed person;

e. Conviction of any crime an essential element of which is misstatement, fraud or dishonesty or conviction of any felony, if the Department determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust;

f. Conviction of a violation of any law of Illinois except minor violations such as traffic violations and violations not related to the disposition of dogs, cats and other animals or any rule or regulation of the Department relating to dogs or cats and sale thereof;

g. Making substantial misrepresentations or false promises of a character likely to influence, persuade or induce in connection with the business of a licensee under this Act;

h. Pursuing a continued course of misrepresentation of or making false promises through advertising, salesman, agents or otherwise in connection with the business of a licensee under this Act;

i. Failure to possess the necessary qualifications or to meet the requirements of the Act for the issuance or holding a license; or

j. Proof that the licensee is guilty of gross negligence, incompetency, or cruelty with regard to animals.

The Department may refuse to issue or may suspend the license of any person who fails to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied.

The Department may order any licensee to cease operation for a period not to exceed 72 hours to correct deficiencies in order to meet licensing requirements.

Any licensee, whose license is relinquished, revoked or suspended for more than 3 months has 2 weeks after the date of the order of relinquishment, revocation, or suspension to transfer all animals to a licensed facility under the Animal Welfare Act. Animals may be transferred to other persons or facilities with the written permission of the Department. Failure to comply with this transfer requirement will result in the forfeiture of all the animals to a licensee or licensees designated by the Department with associated costs to be paid by the licensee who has forfeited the animals.

(Source: P.A. 89-178, eff. 7-19-95; 90-385, eff. 8-15-97; 90-403, eff. 8-15-97.)

(225 ILCS 605/18) (from Ch. 8, par. 318)

Sec. 18.

The licensee shall:

a. Maintain sanitary conditions.

b. Insure proper ventilation.

c. Provide adequate nutrition.

d. Provide humane care and treatment of all animals under his jurisdiction.

e. Take reasonable care to release for sale, trade, or adoption only those animals which are free of disease, injuries or abnormalities except as exempted by Section 3.15. A health certificate, meeting the requirements of the Department and issued by a licensed veterinarian for any such animal within 5 days before such sale, trade or adoption is prima facie evidence that the licensee has taken reasonable care, as required by this paragraph.

f. Inspection of the premises of a licensee to determine compliance with this Act may be made only by the Department.

g. Seek veterinary care for seriously ill or injured animals, which may include euthanasia.

h. Maintain current rabies vaccination records of all dogs 4 months of age and older in possession of the licensee.

i. Maintain records as prescribed in regulations of the Department.

(Source: P.A. 78-900.)

(225 ILCS 605/20) (from Ch. 8, par. 320)

Sec. 20. Any person violating any provision of this Act or any rule, regulation or order of the Department issued pursuant to this Act is guilty of a Class C misdemeanor and every day a violation continues constitutes a separate offense. A pet shop operator convicted of a third offense shall be permanently barred from licensure under this Act as a pet shop operator and shall be prohibited from the sale at retail of any dog or cat in this State.

(Source: P.A. 89-178, eff. 7-19-95.)

(225 ILCS 605/20.5)

Sec. 20.5. Administrative fines. The following administrative fines shall be imposed by the Department upon any person or entity who violates any provision of this Act or any rule adopted by the Department under this Act:

(1) For the first violation, a fine of $200.

(2) For a second violation that occurs within 3 years after the first violation, a fine of $500.

(3) For a third violation that occurs within 3 years after the first violation, mandatory probationary status and a fine of $1,000.

(4) For a fourth violation and subsequent violations a fine of $5,000.

(Source: P.A. 95-550, eff. 6-1-08.)

(225 ILCS 605/25 new)

Sec. 25. Suspension. A license issued or granted under this Act shall be suspended for a 12 month period as a result of a third violation of this Act occurring within 3 years after the first violation.

(225 ILCS 605/30 new)

Sec. 30. Revocation. A license issued or granted under this Act shall be revoked for a 5 year period as result of one or more violations of this Act occurring within 3 years after the starting date of a suspension.

Section 10. The Consumer Fraud and Deceptive Business Practices Act is amended by adding Section 2DDD as follows:

(815 ILCS 505/2DDD new)

Sec. 2DDD. Failure to provide purchaser's remedies under the Animal Welfare Act.

(a) A pet shop operator, dog dealer, or cat dealer must provide a purchaser who satisfies the requirements of Section 4.3 of the Animal Welfare Act with one of the remedies identified in subsection (a) of Section 4.4 of the Animal Welfare Act.

(b) Any person who violates this Section 2DDD commits an unlawful practice within the meaning of this Act.

Section 99. Effective date. This Act takes effect upon becoming law.