SB1639 98TH GENERAL ASSEMBLY

LRB098 08812 MGM 38938 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1639

Introduced 2/13/2013, by Sen. Dan Kotowski

SYNOPSIS AS INTRODUCED:

225 ILCS 605/2	from Ch. 8, par. 302
225 ILCS 605/3.15

Amends the Animal Welfare Act. Provides that certain disclosure requirements apply to the sale or exchange of each dog and cat within the State (rather than the sale of dogs and cats by pet shop operators). Provides that, if there is an outbreak of distemper, parvovirus, or any other contagious and potentially life-threatening disease affecting more than 2 dogs at a seller's pet shop or kennel within a 60-day period, then the seller shall provide each customer that purchases a dog a written notice stating the nature of the outbreak, and shall notify the State Veterinarian of the outbreak within 2 business days after becoming aware that a third animal has contracted the disease. Provides that a customer who purchased a dog from a seller is entitled to a remedy if certain conditions relating to a disease, illness, condition, or death of the dog are met. Sets forth conditions that a customer shall meet to obtain a remedy from a seller and a timeframe in which the seller shall provide a reimbursement to the customer. Provides that a customer may not be entitled to a remedy if the customer fails to meet certain requirements. Provides that a seller may contest a remedy sought by a customer. Provides that if a customer and seller do not reach an agreement within 10 business days, then the parties may agree to binding arbitration or the customer may bring suit in a court of competent jurisdiction. Changes certain references from "pet shop operator" to "seller".

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

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 and 3.15 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, exchange, or offers for adoption with or without charge or donation dogs in this State. However, a person who sells only dogs that he has produced and raised shall not be considered a dog dealer 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 dog 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, 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, not to exceed 4 animals at any given time. Permits to operate as a "foster home" shall be issued through the animal shelter.

"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.

"Seller" means a pet shop operator, dog dealer, or kennel operator who sells dogs to the public with or without charge or donation. "Seller" does not include an animal shelter, animal control facility, fostering home, or veterinary clinic or hospital.

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

(225 ILCS 605/3.15)

Sec. 3.15. Disclosures for dogs and cats being sold by pet shops.

(a) For each cat or dog within the State offered for sale or exchange to any consumer, the following information shall be provided to the consumer prior Prior to the time of sale, every pet shop operator must, to the best of his or her knowledge, provide to the consumer the following information on any dog or cat being offered for sale:

(1) The retail price of the dog or cat, including any additional fees or charges.

(2) The breed, age, date of birth, sex, and color of the dog or cat.

(3) The date and description details of any inoculation or medical treatment that the dog or cat received while under the possession of the pet shop operator.

(4) The name and business address of both the dog or cat breeder and the facility where the dog or cat was born. If the dog or cat breeder is located in the State, then the breeder's license number. If the dog or cat breeder also holds a license issued by the United States Department of Agriculture, the breeder's federal license identification number.

(5) Any known congenital or hereditary diseases of the parents of the dog or cat, or the parents' other offspring.

(6) If eligible for registration with a pedigree registry, then the name and registration numbers of the sire and dam and the address of the pedigree registry where the sire and dam are registered.

(7) If the dog or cat was returned by a customer, then the date and reason for the return.

(8) The following written statement: "A copy of our policy regarding warranties, refunds, or returns is available upon request. Customers may, in addition to any other remedy that may be available, be entitled to a remedy under subsections (f) through (k) of Section 3.15 of the Animal Welfare Act.".

(9) If the seller is different from the breeder, the seller's The pet shop operator's license number issued by the Illinois Department of Agriculture, the United States Department of Agriculture, or both, if applicable.

(b) The information required in subsection (a) shall be provided to the customer in written form by the pet shop operator and shall have an acknowledgement of disclosures form, which must be signed by the customer and the seller pet shop operator at the time of sale. The acknowledgement of disclosures form shall include the following:

(1) A blank space for the dated signature and printed name of the seller pet shop operator, which shall be immediately beneath the following statement: "I hereby attest that all of the above information is true and correct to the best of my knowledge.".

(2) A blank space for the customer to sign and print his or her name and the date, which shall be immediately beneath the following statement: "I hereby attest that this disclosure was posted on or near the cage of the dog or cat for sale and that I have read all of the disclosures. I further understand that I am entitled to keep a signed copy of this disclosure.".

(c) A copy of the disclosures and the signed acknowledgement of disclosures form shall be provided to the customer at the time of sale and the original copy shall be maintained by the seller pet shop operator for a period of 2 years from the date of sale. A copy of the seller's pet store operator's policy regarding warranties, refunds, or returns shall be provided to the customer.

(d) A seller that is also a A pet shop operator shall post in a conspicuous place in writing on or near the cage of any dog or cat available for sale the information required by subsection (a) of this Section 3.15 at all times during which the cat or dog is being offered for sale within this State. A seller advertising any dog or cat for sale over the Internet shall provide the information required by subsection (a) of this Section, or a direct link to the information, on the webpage on which the animal for sale appears. A seller advertising any dog or cat through means other than the Internet must disclose (i) the printed or typed name and address of the breeder of the animal; (ii) the breeder's state license number, United States Department of Agriculture license number, or both, as applicable; and if the seller is not also the breeder, the seller's license number issued by the Illinois Department of Agriculture, the United States Department of Agriculture, or both.

(e) If there is an outbreak of distemper, parvovirus, or any other contagious and potentially life-threatening disease affecting more than 2 dogs at a seller's pet shop or kennel within a 60-day period, then the seller shall provide each customer that purchases a dog during the outbreak and each customer who purchased a dog after the outbreak began, but before it was contained, with a written notice stating the nature of the outbreak, and shall notify the State Veterinarian of the outbreak within 2 business days after becoming aware that a third animal has contracted the disease.

(f) A customer who purchased a dog from a seller is entitled to a remedy under this Section if:

(1) within 21 days after the date of the sale, a licensed veterinarian states in writing that (i) the dog possesses a disease or illness that adversely affects the health of the dog and the disease existed in the dog on or before the date of delivery to the customer or (ii) the dog has died from a disease that existed in the dog on or before the date of delivery to the customer; or

(2) within one year after the date of sale, a licensed veterinarian states in writing that the dog (i) possesses a congenital or hereditary condition that adversely affects the health of the dog or requires either hospitalization or a non-elective surgical procedure or (ii) has died of a congenital or hereditary condition.

Internal or external parasites may not be considered to adversely affect the health of the dog unless the presence of the parasites makes the dog clinically ill.

The veterinarian's statement shall include:

(i) the customer's name and address;

(ii) a statement that the veterinarian examined the dog;

(iii) the date or dates that the dog was examined;

(iv) the breed and age of the dog, if known;

(v) a statement that the dog has or had a disease, illness, or congenital or hereditary condition that is subject to a remedy; and

(vi) the findings of the examination or necropsy, including lab results or copies of the results.

(g) A customer entitled to a remedy under subsection (f) of this Section may:

(1) return the dog to the seller for a full refund of the purchase price;

(2) exchange the dog for another dog of comparable value chosen by the customer; or

(3) retain the dog and be reimbursed for reasonable veterinary fees for diagnosis and treatment of the dog, not to exceed 3 times the purchase price of the dog.

For the purposes of this subsection (g), veterinary fees shall be considered reasonable if (i) the services provided are appropriate for the diagnosis and treatment of the disease, illness, or congenital or hereditary condition and (ii) the cost of the services is comparable to that charged for similar services by other licensed veterinarians located in close proximity to the treating veterinarian.

(h) Unless the seller contests a reimbursement required under subsection (g) of this Section, the reimbursement shall be made to the customer no later than 10 business days after the seller receives the veterinarian's statement under subsection (f) of this Section.

(i) To obtain a remedy under this Section, a customer shall:

(1) notify the seller as soon as reasonably possible and not to exceed 3 business days after a diagnosis by a licensed veterinarian of a disease, illness, or congenital or hereditary condition of the dog for which the customer is seeking a remedy;

(2) provide to the seller a written statement provided under subsection (f) by a licensed veterinarian within 5 business days after a diagnosis by the veterinarian;

(3) on the request of the seller, take the dog for an examination by a second licensed veterinarian chosen by the customer, at the expense of the seller; and

(4) if the customer requests a reimbursement of reasonable veterinary fees, provide to the seller an itemized bill for the disease, illness, or congenital or hereditary condition of the dog for which the customer is seeking a remedy.

(j) A customer is not entitled to a remedy under this Section if:

(1) the illness or death resulted from:

(A) maltreatment or neglect by the customer;

(B) an injury sustained after the delivery of the dog to the customer; or

(C) an illness or disease contracted after the delivery of the dog to the customer;

(2) the customer does not carry out the recommended treatment prescribed by the veterinarian who made the diagnosis;

(3) the illness, disease, or congenital or hereditary condition was revealed to the customer in writing at the time of purchase or prior to the time of purchase; or

(4) the customer does not return to the seller all documents provided to register the dog, unless such documents have already been sent to the registry organization.

(k) A seller may contest a remedy under this Section by having the dog examined by a second licensed veterinarian at the expense of the seller if the dog is still living. If the dog is deceased, the seller may choose to have a second veterinarian review any records provided by the veterinarian who examined or treated the dog for the customer before its death.

If the customer and the seller have not reached an agreement within 10 business days after the examination of the medical records and the dog, if alive, or the dog's medical records, if deceased, by the second veterinarian, then:

(1) the customer may bring suit in a court of competent jurisdiction to resolve the dispute; or

(2) if the parties agree in writing, the parties may submit the dispute to binding arbitration.

If the court or arbitrator finds that either party acted in bad faith in seeking or denying the requested remedy, then the offending party may be required to pay reasonable attorney's fees and court costs of the adverse party.

(Source: P.A. 96-1470, eff. 1-1-11.)