Sen. Dan Kotowski

Filed: 4/15/2013





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2    AMENDMENT NO. ______. Amend Senate Bill 1639 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Animal Welfare Act is amended by changing
5Section 3.15 as follows:
6    (225 ILCS 605/3.15)
7    Sec. 3.15. Disclosures for dogs and cats being sold by pet
9    (a) Prior to the time of sale, every pet shop operator
10must, to the best of his or her knowledge, provide to the
11consumer the following information on any dog or cat being
12offered for sale:
13        (1) The retail price of the dog or cat, including any
14    additional fees or charges.
15        (2) The breed, age, date of birth, sex, and color of
16    the dog or cat.



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1        (3) The date and description details of any inoculation
2    or medical treatment that the dog or cat received while
3    under the possession of the pet shop operator.
4        (4) The name and business address of both the dog or
5    cat breeder and the facility where the dog or cat was born.
6    If the dog or cat breeder is located in the State, then the
7    breeder's license number. If the dog or cat breeder also
8    holds a license issued by the United States Department of
9    Agriculture, the breeder's federal license identification
10    number.
11        (5) (Blank). Any known congenital or hereditary
12    diseases of the parents of the dog or cat, or the parents'
13    other offspring.
14        (6) If eligible for registration with a pedigree
15    registry, then the name and registration numbers of the
16    sire and dam and the address of the pedigree registry where
17    the sire and dam are registered.
18        (7) If the dog or cat was returned by a customer, then
19    the date and reason for the return.
20        (8) The following written statement: "A copy of our
21    policy regarding warranties, refunds, or returns is
22    available upon request. Customers may be entitled to a
23    remedy under subsections (f) through (l) of this Section in
24    addition to any other remedies available at law.".
25        (9) The pet shop operator's license number issued by
26    the Illinois Department of Agriculture.



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1    (b) The information required in subsection (a) shall be
2provided to the customer in written form by the pet shop
3operator and shall have an acknowledgement of disclosures form,
4which must be signed by the customer and the pet shop operator
5at the time of sale. The acknowledgement of disclosures form
6shall include the following:
7        (1) A blank space for the dated signature and printed
8    name of the pet shop operator, which shall be immediately
9    beneath the following statement: "I hereby attest that all
10    of the above information is true and correct to the best of
11    my knowledge.".
12        (2) A blank space for the customer to sign and print
13    his or her name and the date, which shall be immediately
14    beneath the following statement: "I hereby attest that this
15    disclosure was posted on or near the cage of the dog or cat
16    for sale and that I have read all of the disclosures. I
17    further understand that I am entitled to keep a signed copy
18    of this disclosure.".
19    (c) A copy of the disclosures and the signed
20acknowledgement of disclosures form shall be provided to the
21customer at the time of sale and the original copy shall be
22maintained by the pet shop operator for a period of 2 years
23from the date of sale. A copy of the pet store operator's
24policy regarding warranties, refunds, or returns shall be
25provided to the customer.
26    (d) A pet shop operator shall post in a conspicuous place



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1in writing on or near the cage of any dog or cat available for
2sale the information required by subsection (a) of this Section
4    (e) If there is an outbreak of distemper, parvovirus, or
5any other contagious and potentially life-threatening disease,
6the pet shop operator shall notify the Department immediately
7upon becoming aware of the disease. If the Department issues a
8quarantine, the pet shop operator shall notify, in writing and
9within 2 business days of the quarantine, each customer who
10purchased a dog or cat during the 2-week period prior to the
11outbreak and quarantine.
12    (f) A customer who purchased a dog or cat from a pet shop
13is entitled to a remedy under this Section if:
14        (1) within 21 days after the date of sale, a licensed
15    veterinarian states in writing that (A) the dog or cat
16    possesses a disease or illness that adversely affects the
17    health of the dog or cat and the disease existed in the dog
18    or cat on or before the date of delivery to the customer or
19    (B) the dog or cat has died from a disease that existed in
20    the dog or cat on or before the date of delivery to the
21    customer; or
22        (2) within one year after the date of sale, a licensed
23    veterinarian states in writing that the dog or cat
24    possesses a congenital or hereditary condition that
25    adversely affects the health of the dog or cat or requires
26    either hospitalization or a non-elective surgical



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1    procedure or has died of a congenital or hereditary
2    condition. Internal or external parasites may not be
3    considered to adversely affect the health of the dog unless
4    the presence of the parasites makes the dog or cat
5    clinically ill. The veterinarian's statement shall
6    include:
7            (A) the customer's name and address;
8            (B) a statement that the veterinarian examined the
9        dog or cat;
10            (C) the date or dates that the dog or cat was
11        examined;
12            (D) the breed and age of the dog or cat, if known;
13            (E) a statement that the dog or cat has or had a
14        disease, illness, or congenital or hereditary
15        condition that is subject to remedy; and
16            (F) the findings of the examination or necropsy,
17        including any lab results or copies of the results.
18    (g) A customer entitled to a remedy under subsection (f) of
19this Section may:
20        (1) return the dog or cat to the pet shop for a full
21    refund of the purchase price;
22        (2) exchange the dog or cat for another dog or cat of
23    comparable value chosen by the customer;
24        (3) retain the dog or cat and be reimbursed for
25    reasonable veterinary fees for diagnosis and treatment of
26    the dog or cat, not to exceed 2 times the purchase price of



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1    the dog or cat; or
2        (4) if the dog or cat is deceased, be reimbursed for
3    the full purchase price of the dog or cat plus reasonable
4    veterinary fees associated with the diagnosis and
5    treatment of the dog or cat, not to exceed 2 times the
6    purchase price of the dog or cat.
7    For the purposes of this subsection (g), veterinary fees
8shall be considered reasonable if (i) the services provided are
9appropriate for the diagnosis and treatment of the disease,
10illness, or congenital or hereditary condition and (ii) the
11cost of the services is comparable to that charged for similar
12services by other licensed veterinarians located in close
13proximity to the treating veterinarian.
14    (h) Unless the pet shop contests a reimbursement required
15under subsection (g) of this Section, the reimbursement shall
16be made to the customer no later than 10 business days after
17the pet shop operator receives the veterinarian's statement
18under subsection (f) of this Section.
19    (i) To obtain a remedy under this Section, a customer
21        (1) notify the pet shop as soon as reasonably possible
22    and not to exceed 3 business days after a diagnosis by a
23    licensed veterinarian of a disease, illness, or congenital
24    or hereditary condition of the dog or cat for which the
25    customer is seeking a remedy;
26        (2) provide to the pet shop a written statement



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1    provided for under subsection (f) of this Section by a
2    licensed veterinarian within 5 business days after a
3    diagnosis by the veterinarian;
4        (3) upon request of the pet shop, take the dog or cat
5    for an examination by a second licensed veterinarian; the
6    customer may either choose the second licensed
7    veterinarian or allow the pet shop to choose the second
8    veterinarian, if the pet shop agrees to do so. The party
9    choosing the second veterinarian shall assume the cost of
10    the resulting examination; and
11        (4) if the customer requests a reimbursement of
12    veterinary fees, provide to the pet shop an itemized bill
13    for the disease, illness, or congenital or hereditary
14    condition of the dog or cat for which the customer is
15    seeking a remedy.
16    (j) A customer is not entitled to a remedy under this
17Section if:
18        (1) the illness or death resulted from: (A)
19    maltreatment or neglect by the customer; (B) an injury
20    sustained after the delivery of the dog or cat to the
21    customer; or (C) an illness or disease contracted after the
22    delivery of the dog or cat to the customer;
23        (2) the customer does not carry out the recommended
24    treatment prescribed by the veterinarian who made the
25    diagnosis; or
26        (3) the customer does not return to the pet shop all



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1    documents provided to register the dog or cat, unless the
2    documents have already been sent to the registry
3    organization.
4    (k) A pet shop may contest a remedy under this Section by
5having the dog or cat examined by a second licensed
6veterinarian pursuant to paragraph (3) of subsection (i) of
7this Section if the dog or cat is still living. If the dog or
8cat is deceased, the pet shop may choose to have the second
9veterinarian review any records provided by the veterinarian
10who examined or treated the dog or cat for the customer before
11its death.
12    If the customer and the pet shop have not reached an
13agreement within 10 business day after the examination of the
14medical records and the dog or cat, if alive, or the dog's or
15cat's medical records, if deceased, by the second veterinarian,
17        (1) the customer may bring suit in a court of competent
18    jurisdiction to resolve the dispute; or
19        (2) if the customer and the pet shop agree in writing,
20    the parties may submit the dispute to binding arbitration.
21    If the court or arbiter finds that either party acted in
22bad faith in seeking or denying the requested remedy, then the
23offending party may be required to pay reasonable attorney's
24fees and court costs of the adverse party.
25    (l) This Section shall not apply to any adoption of dogs or
26cats, including those in which a pet shop or other organization



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1rents or donates space to facilitate the adoption.
2(Source: P.A. 96-1470, eff. 1-1-11.)".