Illinois General Assembly - Full Text of HB4643
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Full Text of HB4643  102nd General Assembly

HB4643 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4643

 

Introduced 1/21/2022, by Rep. William Davis

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/5.970 new
225 ILCS 605/3.6
225 ILCS 605/3.8
225 ILCS 605/3.9
225 ILCS 605/3.15
225 ILCS 605/7.2 new
225 ILCS 605/20  from Ch. 8, par. 320
225 ILCS 605/21.5 new
225 ILCS 605/22  from Ch. 8, par. 322

    Amends the Animal Welfare Act. Provides that an animal shelter shall not accept a dog or cat from an animal shelter or an out-of-state animal control facility, rescue group, or animal shelter unless it obtains and keeps record of documentation attesting the dog or cat was not obtained through compensation or payment to a dog breeder or cat breeder. Provides that a pet shop operator must obtain specified documentation to verify a breeder meets or exceeds the relevant standards set by the Department of Agriculture. Provides that the Department, at any time, may mandate a pet shop operator to pay to have a dog or cat breeder audited by a third-party auditing firm to ensure compliance with cat and dog breeder standards. Provides that beginning 120 days after the effective date of the amendatory Act, a $25 administrative fee shall be imposed on every dog or cat sold by a pet shop operator. Makes changes in provisions concerning the sourcing of dogs and cats sold by pet shops, disclosures for dogs and cats being sold by pet shops, violations, and fees. Amends the State Finance Act. Creates the Sourcing and Inspection Compliance Fund. Effective immediately.


LRB102 24983 AMQ 34239 b

 

 

A BILL FOR

 

HB4643LRB102 24983 AMQ 34239 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by adding
5Section 5.970 as follows:
 
6    (30 ILCS 105/5.970 new)
7    Sec. 5.970. The Sourcing and Inspection Compliance Fund.
 
8    Section 10. The Animal Welfare Act is amended by changing
9Sections 3.6, 3.8, 3.9, 3.15, 20, and 22 and by adding Sections
107.2 and 21.5 as follows:
 
11    (225 ILCS 605/3.6)
12    Sec. 3.6. Acceptance of stray dogs and cats.
13    (a) No animal shelter may accept a stray dog or cat unless
14the animal is reported by the shelter to the animal control or
15law enforcement of the county in which the animal is found by
16the next business day. An animal shelter may accept animals
17from: (1) the owner of the animal where the owner signs a
18relinquishment form which states he or she is the owner of the
19animal; (2) an animal shelter licensed under this Act; or (3)
20an out-of-state animal control facility, rescue group, or
21animal shelter that is duly licensed in their state or is a

 

 

HB4643- 2 -LRB102 24983 AMQ 34239 b

1not-for-profit organization. An animal shelter shall not
2accept a dog or cat pursuant to item (2) or (3) unless it
3obtains and keeps record of documentation attesting the dog or
4cat was not obtained through compensation or payment to a dog
5breeder or cat breeder.
6    (b) When stray dogs and cats are accepted by an animal
7shelter, they must be scanned for the presence of a microchip
8and examined for other currently-acceptable methods of
9identification, including, but not limited to, identification
10tags, tattoos, and rabies license tags. The examination for
11identification shall be done within 24 hours after the intake
12of each dog or cat. The animal shelter shall notify the owner
13and transfer any dog with an identified owner to the animal
14control or law enforcement agency in the jurisdiction in which
15it was found or the local animal control agency for
16redemption.
17    (c) If no transfer can occur, the animal shelter shall
18make every reasonable attempt to contact the owner, agent, or
19caretaker as soon as possible. The animal shelter shall give
20notice of not less than 7 business days to the owner, agent, or
21caretaker prior to disposal of the animal. The notice shall be
22mailed to the last known address of the owner, agent, or
23caretaker. Testimony of the animal shelter, or its authorized
24agent, who mails the notice shall be evidence of the receipt of
25the notice by the owner, agent, or caretaker of the animal. A
26mailed notice shall remain the primary means of owner, agent,

 

 

HB4643- 3 -LRB102 24983 AMQ 34239 b

1or caretaker contact; however, the animal shelter shall also
2attempt to contact the owner, agent, or caretaker by any other
3contact information, such as by telephone or email address,
4provided by the microchip or other method of identification
5found on the dog or cat. If the dog or cat has been
6microchipped and the primary contact listed by the chip
7manufacturer cannot be located or refuses to reclaim the dog
8or cat, an attempt shall be made to contact any secondary
9contacts listed by the chip manufacturer or the purchaser of
10the microchip if the purchaser is a nonprofit organization,
11animal shelter, animal control facility, pet store, breeder,
12or veterinary office prior to adoption, transfer, or
13euthanization. Prior to transferring any stray dog or cat to
14another humane shelter, pet store, rescue group, or
15euthanization, the dog or cat shall be scanned again for the
16presence of a microchip and examined for other means of
17identification. If a second scan provides the same identifying
18information as the initial intake scan and the owner, agent,
19or caretaker has not been located or refuses to reclaim the dog
20or cat, the animal shelter may proceed with adoption,
21transfer, or euthanization.
22    (d) When stray dogs and cats are accepted by an animal
23shelter and no owner can be identified, the shelter shall hold
24the animal for the period specified in local ordinance prior
25to adoption, transfer, or euthanasia. The animal shelter shall
26allow access to the public to view the animals housed there. If

 

 

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1a dog is identified by an owner who desires to make redemption
2of it, the dog shall be transferred to the local animal control
3for redemption. If no transfer can occur, the animal shelter
4shall proceed pursuant to Section 3.7. Upon lapse of the hold
5period specified in local ordinance and no owner can be
6identified, ownership of the animal, by operation of law,
7transfers to the shelter that has custody of the animal.
8    (e) No representative of an animal shelter may enter
9private property and remove an animal without permission from
10the property owner and animal owner, nor can any
11representative of an animal shelter direct another individual
12to enter private property and remove an animal unless that
13individual is an approved humane investigator (approved by the
14Department) operating pursuant to the provisions of the Humane
15Care for Animals Act.
16    (f) Nothing in this Section limits an animal shelter and
17an animal control facility who, through mutual agreement, wish
18to enter into an agreement for animal control, boarding,
19holding, measures to improve life-saving, or other services
20provided that the agreement requires parties adhere to the
21provisions of the Animal Control Act, the Humane Euthanasia in
22Animal Shelters Act, and the Humane Care for Animals Act.
23(Source: P.A. 99-310, eff. 1-1-16; 100-322, eff. 8-24-17;
24100-870, eff. 1-1-19.)
 
25    (225 ILCS 605/3.8)

 

 

HB4643- 5 -LRB102 24983 AMQ 34239 b

1    (Text of Section before amendment by P.A. 102-586)
2    Sec. 3.8. Sourcing of dogs and cats sold by pet shops.
3    (a) A pet shop operator may not obtain a dog or cat for
4resale or sell or offer for sale any dog or cat obtained from a
5person who is required to be licensed by the pet dealer
6regulations of the United States Department of Agriculture
7under the federal Animal Welfare Act (7 U.S.C. 2131 et seq.) if
8any of the following applies to the original breeder:
9        (1) The person is not currently licensed by the United
10    States Department of Agriculture under the federal Animal
11    Welfare Act.
12        (2) During the 2-year period before the day the dog or
13    cat is received by the pet shop, the person received a
14    direct or critical non-compliant citation on a final
15    inspection report from the United States Department of
16    Agriculture under the federal Animal Welfare Act.
17        (3) During the 2-year period before the day the dog or
18    cat is received by the pet shop, the person received 3 or
19    more non-compliant citations on a final inspection report
20    from the United States Department of Agriculture for
21    violations relating to the health or welfare of the animal
22    and the violations were not administrative in nature.
23        (4) The person received a no-access violation on each
24    of the 3 most recent final inspection reports from the
25    United States Department of Agriculture.
26    (b) A pet shop operator is presumed to have acted in good

 

 

HB4643- 6 -LRB102 24983 AMQ 34239 b

1faith and to have satisfied its obligation to ascertain
2whether a person meets the criteria described in subsection
3(a) of this Section if, when placing an order to obtain a dog
4or cat for sale or resale, the pet shop operator conducts a
5search for inspection reports that are readily available of
6the breeder on the Animal Care Information System online
7search tool maintained by the United States Department of
8Agriculture. If inspection reports are not readily available
9on the United States Department of Agriculture website, the
10pet shop operator must obtain the inspection reports from the
11person or persons required to meet the criteria described in
12subsection (a) of this Section.
13    (c) Notwithstanding subsections (a) and (b) of this
14Section, a pet shop operator may obtain a dog or cat for resale
15or sell or offer for sale any dog or cat obtained from: (1) a
16person that sells dogs only he or she has produced and raised
17and who is not required to be licensed by the United States
18Department of Agriculture, (2) a publicly operated pound or a
19private non-profit humane society or rescue, or (3) an animal
20adoption event conducted by a pound or humane society.
21    (d) A pet shop operator shall maintain records verifying
22its compliance with this Section for 2 years after obtaining
23the dog or cat to be sold or offered for sale. Records
24maintained pursuant to this subsection (d) shall be open to
25inspection on request by a Department of Agriculture
26inspector.

 

 

HB4643- 7 -LRB102 24983 AMQ 34239 b

1(Source: P.A. 100-322, eff. 8-24-17.)
 
2    (Text of Section after amendment by P.A. 102-586)
3    Sec. 3.8. Sourcing Prohibition of dogs and cats sold by
4pet shops; recordkeeping.
5    (a) A pet shop operator may offer for sale a dog or cat
6only if the dog or cat is obtained from a verified breeder, an
7animal control facility, or animal shelter, located in-state
8or out-of-state, that is in compliance with Section 3.9.
9    (b) A pet shop operator shall keep a record of each dog or
10cat offered for sale. The record must be kept on file for a
11period of 2 years following the acquisition of each dog or cat,
12made available to the Department upon request, and submitted
13to the Department on May 1 and November 1 of each year. The
14record shall include the following:
15        (1) name, address, and phone number of the verified
16    breeder, animal control facility, or animal shelter each
17    dog or cat was obtained from; and
18        (2) documentation from the verified breeder, animal
19    control facility, or animal shelter each dog or cat was
20    obtained from demonstrating compliance with Section 3.9,
21    including the circumstances that led to the animal control
22    facility or animal shelter obtaining ownership of the dog
23    or cat and any other information indicating the dog or cat
24    was not obtained from a source prohibited in Section 3.9.
25    (c) (Blank). In addition to the penalties set forth in

 

 

HB4643- 8 -LRB102 24983 AMQ 34239 b

1Section 20.5, a pet shop operator that violates subsection (a)
2shall no longer offer for sale a dog or cat regardless of where
3the dog or cat was obtained.
4    (d) Nothing in this Section prohibits a pet shop operator
5from providing space to an animal control facility or animal
6shelter to showcase dogs or cats owned by these entities for
7the purpose of adoption.
8(Source: P.A. 102-586, eff. 2-23-22.)
 
9    (225 ILCS 605/3.9)
10    (This Section may contain text from a Public Act with a
11delayed effective date)
12    Sec. 3.9. Verified breeders, animal Animal control
13facilities, and animal shelters supplying to pet shop
14operators.
15    (a) An animal control facility or animal shelter that
16supplies dogs or cats to pet shop operators to be offered for
17sale shall not be a dog breeder or a cat breeder or obtain dogs
18or cats from a dog breeder, a cat breeder, a person who resells
19dogs or cats from a breeder, or a person who sells dogs or cats
20at auction in exchange for payment or compensation.
21    (b) An animal control facility or animal shelter that
22supplies dogs or cats to pet shops to be offered for sale shall
23provide pet shops with documentation demonstrating compliance
24with this Section, including a description of the ownership
25history of each dog or cat supplied, if known, the

 

 

HB4643- 9 -LRB102 24983 AMQ 34239 b

1circumstances that led to ownership of the dog or cat, and any
2other information indicating the dog or cat was not obtained
3from a source prohibited in this Section.
4    (c) To verify a breeder meets or exceeds the standards set
5forth in 8 Ill. Adm. Code 25, a pet shop operator must obtain a
6signed affidavit, or a document prescribed and provided by the
7Department, from the breeder stating compliance with the
8standards set by the Department and must be accompanied by one
9or more of the following documents: (1) copies of inspection
10reports over a 2-year period from the State or local
11governmental entity that has jurisdiction certifying the
12breeder meets or exceeds the standards within 8 Ill. Adm. Code
1325; or (2) a copy of audit results, conducted within the past
1416 months by an independent third party, certified as an ISO
159001 auditing firm, certifying the completion of an
16outcome-based breeder standards program that meets or exceeds
17the standards set forth in 8 Ill. Adm. Code 25. Failure to have
18copies of inspection or audit reports shall be deemed a
19violation under Section 10 of this Act.
20    (d) As used this Section:
21    "Outcome-based breeder standards program" means a program
22approved by the Department that tests for and certifies the
23physical welfare, behavioral welfare, and genetic health of
24the animal, in addition to certifying standards in areas such
25as nutrition, veterinary care, housing, handling, and
26exercise.

 

 

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1    "Verified breeder" means a breeder that satisfies the
2requirements of subsection (c).
3(Source: P.A. 102-586, eff. 2-23-22.)
 
4    (225 ILCS 605/3.15)
5    (Text of Section before amendment by P.A. 102-586)
6    Sec. 3.15. Disclosures for dogs and cats being sold by pet
7shops.
8    (a) Prior to the time of sale, every pet shop operator
9must, to the best of his or her knowledge, provide to the
10consumer the following information on any dog or cat being
11offered for sale:
12        (1) The retail price of the dog or cat, including any
13    additional fees or charges.
14        (2) The breed, age, date of birth, sex, and color of
15    the dog or cat.
16        (3) The date and description of any inoculation or
17    medical treatment that the dog or cat received while under
18    the possession of the pet shop operator.
19        (4) The name and business address of both the dog or
20    cat breeder and the facility where the dog or cat was born.
21    If the dog or cat breeder is located in the State, then the
22    breeder's license number. If the dog or cat breeder also
23    holds a license issued by the United States Department of
24    Agriculture, the breeder's federal license number.
25        (5) (Blank).

 

 

HB4643- 11 -LRB102 24983 AMQ 34239 b

1        (6) If eligible for registration with a pedigree
2    registry, then the name and registration numbers of the
3    sire and dam and the address of the pedigree registry
4    where the sire and dam are registered.
5        (7) If the dog or cat was returned by a customer, then
6    the date and reason for the return.
7        (8) A copy of the pet shop's policy regarding
8    warranties, refunds, or returns and an explanation of the
9    remedy under subsections (f) through (m) of this Section
10    in addition to any other remedies available at law.
11        (9) The pet shop operator's license number issued by
12    the Illinois Department of Agriculture.
13        (10) Disclosure that the dog or cat has been
14    microchipped and the microchip has been enrolled in a
15    nationally searchable database. Pet stores must also
16    disclose that the purchaser has the option to list the pet
17    store as a secondary contact on the microchip.
18    (a-5) All dogs and cats shall be microchipped by a pet shop
19operator prior to sale.
20    (b) The information required in subsection (a) shall be
21provided to the customer in written form by the pet shop
22operator and shall have an acknowledgement of disclosures
23form, which must be signed by the customer and the pet shop
24operator at the time of sale. The acknowledgement of
25disclosures form shall include the following:
26        (1) A blank space for the dated signature and printed

 

 

HB4643- 12 -LRB102 24983 AMQ 34239 b

1    name of the pet shop operator, which shall be immediately
2    beneath the following statement: "I hereby attest that all
3    of the above information is true and correct to the best of
4    my knowledge.".
5        (2) A blank space for the customer to sign and print
6    his or her name and the date, which shall be immediately
7    beneath the following statement: "I hereby attest that
8    this disclosure was posted on or near the cage of the dog
9    or cat for sale and that I have read all of the
10    disclosures. I further understand that I am entitled to
11    keep a signed copy of this disclosure.".
12    (c) A copy of the disclosures and the signed
13acknowledgement of disclosures form shall be provided to the
14customer at the time of sale and the original copy shall be
15maintained by the pet shop operator for a period of 2 years
16from the date of sale. A copy of the pet store operator's
17policy regarding warranties, refunds, or returns shall be
18provided to the customer.
19    (d) A pet shop operator shall post in a conspicuous place
20in writing on or near the cage of any dog or cat available for
21sale the information required by subsection (a) of this
22Section 3.15.
23    (e) If there is an outbreak of distemper, parvovirus, or
24any other contagious and potentially life-threatening disease,
25the pet shop operator shall notify the Department immediately
26upon becoming aware of the disease. If the Department issues a

 

 

HB4643- 13 -LRB102 24983 AMQ 34239 b

1quarantine, the pet shop operator shall notify, in writing and
2within 2 business days of the quarantine, each customer who
3purchased a dog or cat during the 2-week period prior to the
4outbreak and quarantine.
5    (f) A customer who purchased a dog or cat from a pet shop
6is entitled to a remedy under this Section if:
7        (1) within 21 days after the date of sale, a licensed
8    veterinarian states in writing that at the time of sale
9    (A) the dog or cat was unfit for purchase due to illness or
10    disease, the presence of symptoms of a contagious or
11    infectious disease, or obvious signs of severe parasitism
12    that are extreme enough to influence the general health of
13    the animal, excluding fleas or ticks, or (B) the dog or cat
14    has died from a disease that existed in the dog or cat on
15    or before the date of delivery to the customer; or
16        (2) within one year after the date of sale, a licensed
17    veterinarian states in writing that the dog or cat
18    possesses a congenital or hereditary condition that
19    adversely affects the health of the dog or cat or requires
20    either hospitalization or a non-elective surgical
21    procedure or has died of a congenital or hereditary
22    condition. Internal or external parasites may not be
23    considered to adversely affect the health of the dog
24    unless the presence of the parasites makes the dog or cat
25    clinically ill. The veterinarian's statement shall
26    include:

 

 

HB4643- 14 -LRB102 24983 AMQ 34239 b

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

 

 

HB4643- 15 -LRB102 24983 AMQ 34239 b

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

 

 

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

 

 

HB4643- 17 -LRB102 24983 AMQ 34239 b

1this Section if the dog or cat is still living. If the dog or
2cat is deceased, the pet shop may choose to have the second
3veterinarian review any records provided by the veterinarian
4who examined or treated the dog or cat for the customer before
5its death.
6    If the customer and the pet shop have not reached an
7agreement within 10 business days after the examination of the
8medical records and the dog or cat, if alive, or the dog's or
9cat's medical records, if deceased, by the second
10veterinarian, then:
11        (1) the customer may bring suit in a court of
12    competent jurisdiction to resolve the dispute; or
13        (2) if the customer and the pet shop agree in writing,
14    the parties may submit the dispute to binding arbitration.
15    If the court or arbiter finds that either party acted in
16bad faith in seeking or denying the requested remedy, then the
17offending party may be required to pay reasonable attorney's
18fees and court costs of the adverse party.
19    (l) This Section shall not apply to any adoption of dogs or
20cats, including those in which a pet shop or other
21organization rents or donates space to facilitate the
22adoption.
23    (m) If a pet shop offers its own warranty on a pet, a
24customer may choose to waive the remedies provided under
25subsection (f) of this Section in favor of choosing the
26warranty provided by the pet shop. If a customer waives the

 

 

HB4643- 18 -LRB102 24983 AMQ 34239 b

1rights provided by subsection (f), the only remedies available
2to the customer are those provided by the pet shop's warranty.
3For the statement to be an effective waiver of the customer's
4right to refund or exchange the animal under subsection (f),
5the pet shop must provide, in writing, a statement of the
6remedy under subsection (f) that the customer is waiving as
7well as a written copy of the pet shop's warranty. For the
8statement to be an effective waiver of the customer's right to
9refund or exchange the animal under subsection (f), it shall
10be substantially similar to the following language:
11        "I have agreed to accept the warranty provided by the
12    pet shop in lieu of the remedies under subsection (f) of
13    Section 3.15 of the Animal Welfare Act. I have received a
14    copy of the pet shop's warranty and a statement of the
15    remedies provided under subsection (f) of Section 3.15 of
16    the Animal Welfare Act. This is a waiver pursuant to
17    subsection (m) of Section 3.15 of the Animal Welfare Act
18    whereby I, the customer, relinquish any and all right to
19    return the animal for congenital and hereditary disorders
20    provided by subsection (f) of Section 3.15 of the Animal
21    Welfare Act. I agree that my exclusive remedy is the
22    warranty provided by the pet shop at the time of sale.".
23(Source: P.A. 100-322, eff. 8-24-17.)
 
24    (Text of Section after amendment by P.A. 102-586)
25    Sec. 3.15. Disclosures for dogs and cats being sold by pet

 

 

HB4643- 19 -LRB102 24983 AMQ 34239 b

1shops.
2    (a) Prior to the time of sale, every pet shop operator
3must, to the best of his or her knowledge, provide to the
4consumer the following information on any dog or cat being
5offered for sale:
6        (1) The retail price of the dog or cat, including any
7    additional fees or charges.
8        (2) The breed or breeds, if known, age, date of birth,
9    sex, and color of the dog or cat.
10        (3) The date and description of any inoculation or
11    medical treatment that the dog or cat received while under
12    the possession of the pet shop operator, and any
13    inoculation or medical treatment that the dog or cat
14    received while under the possession of the breeder, animal
15    control facility, or animal shelter that the pet shop
16    operator is aware of.
17        (4) Sourcing information required in subsection (b) of
18    Section 3.8.
19        (5) (Blank).
20        (6) (Blank).
21        (7) If the dog or cat was returned by a customer, then
22    the date and reason for the return.
23        (8) A copy of the pet shop's policy regarding
24    warranties, refunds, or returns and an explanation of the
25    remedy under subsections (f) through (m) of this Section
26    in addition to any other remedies available at law.

 

 

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1        (9) The pet shop operator's license number issued by
2    the Illinois Department of Agriculture.
3        (10) Disclosure that the dog or cat has been
4    microchipped and the microchip has been enrolled in a
5    nationally searchable database. Pet stores must also
6    disclose that the purchaser has the option to list the pet
7    store as a secondary contact on the microchip.
8        (11) If eligible for registration with a pedigree
9    registry, then the name and registration numbers of the
10    sire and dam and the address of the pedigree registry
11    where the sire and dam are registered.
12    (a-5) All dogs and cats shall be microchipped by a pet shop
13operator prior to sale.
14    (b) The information required in subsection (a) shall be
15provided to the customer in written form by the pet shop
16operator and shall have an acknowledgement of disclosures
17form, which must be signed by the customer and the pet shop
18operator at the time of sale. The acknowledgement of
19disclosures form shall include the following:
20        (1) A blank space for the dated signature and printed
21    name of the pet shop operator, which shall be immediately
22    beneath the following statement: "I hereby attest that all
23    of the above information is true and correct to the best of
24    my knowledge.".
25        (2) A blank space for the customer to sign and print
26    his or her name and the date, which shall be immediately

 

 

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1    beneath the following statement: "I hereby attest that
2    this disclosure was posted on or near the cage of the dog
3    or cat for sale and that I have read all of the
4    disclosures. I further understand that I am entitled to
5    keep a signed copy of this disclosure.".
6    (c) A copy of the disclosures and the signed
7acknowledgement of disclosures form shall be provided to the
8customer at the time of sale and the original copy shall be
9maintained by the pet shop operator for a period of 2 years
10from the date of sale. A copy of the pet store operator's
11policy regarding warranties, refunds, or returns shall be
12provided to the customer.
13    (d) A pet shop operator shall post in writing on or near
14the cage of any dog or cat available for sale the information
15required by subsection (a) of this Section 3.15.
16    (e) If there is an outbreak of distemper, parvovirus, or
17any other contagious and potentially life-threatening disease,
18the pet shop operator shall notify the Department immediately
19upon becoming aware of the disease. If the Department issues a
20quarantine, the pet shop operator shall notify, in writing and
21within 2 business days of the quarantine, each customer who
22purchased a dog or cat during the 2-week period prior to the
23outbreak and quarantine.
24    (f) A customer who purchased a dog or cat from a pet shop
25is entitled to a remedy under this Section if:
26        (1) within 21 days after the date of sale, a licensed

 

 

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1    veterinarian states in writing that at the time of sale
2    (A) the dog or cat was unfit for purchase due to illness or
3    disease, the presence of symptoms of a contagious or
4    infectious disease, or obvious signs of severe parasitism
5    that are extreme enough to influence the general health of
6    the animal, excluding fleas or ticks, or (B) the dog or cat
7    has died from a disease that existed in the dog or cat on
8    or before the date of delivery to the customer; or
9        (2) within one year after the date of sale, a licensed
10    veterinarian states in writing that the dog or cat
11    possesses a congenital or hereditary condition that
12    adversely affects the health of the dog or cat or requires
13    either hospitalization or a non-elective surgical
14    procedure or has died of a congenital or hereditary
15    condition. Internal or external parasites may not be
16    considered to adversely affect the health of the dog
17    unless the presence of the parasites makes the dog or cat
18    clinically ill. The veterinarian's statement shall
19    include:
20            (A) the customer's name and address;
21            (B) a statement that the veterinarian examined the
22        dog or cat;
23            (C) the date or dates that the dog or cat was
24        examined;
25            (D) the breed and age of the dog or cat, if known;
26            (E) a statement that the dog or cat has or had a

 

 

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1        disease, illness, or congenital or hereditary
2        condition that is subject to remedy; and
3            (F) the findings of the examination or necropsy,
4        including any lab results or copies of the results.
5    (g) A customer entitled to a remedy under subsection (f)
6of this Section may:
7        (1) return the dog or cat to the pet shop for a full
8    refund of the purchase price;
9        (2) exchange the dog or cat for another dog or cat of
10    comparable value chosen by the customer;
11        (3) retain the dog or cat and be reimbursed for
12    reasonable veterinary fees for diagnosis and treatment of
13    the dog or cat, not to exceed the purchase price of the dog
14    or cat; or
15        (4) if the dog or cat is deceased, be reimbursed for
16    the full purchase price of the dog or cat plus reasonable
17    veterinary fees associated with the diagnosis and
18    treatment of the dog or cat, not to exceed one times the
19    purchase price of the dog or cat.
20    For the purposes of this subsection (g), veterinary fees
21shall be considered reasonable if (i) the services provided
22are appropriate for the diagnosis and treatment of the
23disease, illness, or congenital or hereditary condition and
24(ii) the cost of the services is comparable to that charged for
25similar services by other licensed veterinarians located in
26close proximity to the treating veterinarian.

 

 

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1    (h) Unless the pet shop contests a reimbursement required
2under subsection (g) of this Section, the reimbursement shall
3be made to the customer no later than 10 business days after
4the pet shop operator receives the veterinarian's statement
5under subsection (f) of this Section.
6    (i) To obtain a remedy under this Section, a customer
7shall:
8        (1) notify the pet shop as soon as reasonably possible
9    and not to exceed 3 business days after a diagnosis by a
10    licensed veterinarian of a disease, illness, or congenital
11    or hereditary condition of the dog or cat for which the
12    customer is seeking a remedy;
13        (2) provide to the pet shop a written statement
14    provided for under subsection (f) of this Section by a
15    licensed veterinarian within 5 business days after a
16    diagnosis by the veterinarian;
17        (3) upon request of the pet shop, take the dog or cat
18    for an examination by a second licensed veterinarian; the
19    customer may either choose the second licensed
20    veterinarian or allow the pet shop to choose the second
21    veterinarian, if the pet shop agrees to do so. The party
22    choosing the second veterinarian shall assume the cost of
23    the resulting examination; and
24        (4) if the customer requests a reimbursement of
25    veterinary fees, provide to the pet shop an itemized bill
26    for the disease, illness, or congenital or hereditary

 

 

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1    condition of the dog or cat for which the customer is
2    seeking a remedy.
3    (j) A customer is not entitled to a remedy under this
4Section if:
5        (1) the illness or death resulted from: (A)
6    maltreatment or neglect by the customer; (B) an injury
7    sustained after the delivery of the dog or cat to the
8    customer; or (C) an illness or disease contracted after
9    the delivery of the dog or cat to the customer;
10        (2) the customer does not carry out the recommended
11    treatment prescribed by the veterinarian who made the
12    diagnosis; or
13        (3) the customer does not return to the pet shop all
14    documents provided to register the dog or cat, unless the
15    documents have already been sent to the registry
16    organization.
17    (k) A pet shop may contest a remedy under this Section by
18having the dog or cat examined by a second licensed
19veterinarian pursuant to paragraph (3) of subsection (i) of
20this Section if the dog or cat is still living. If the dog or
21cat is deceased, the pet shop may choose to have the second
22veterinarian review any records provided by the veterinarian
23who examined or treated the dog or cat for the customer before
24its death.
25    If the customer and the pet shop have not reached an
26agreement within 10 business days after the examination of the

 

 

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1medical records and the dog or cat, if alive, or the dog's or
2cat's medical records, if deceased, by the second
3veterinarian, then:
4        (1) the customer may bring suit in a court of
5    competent jurisdiction to resolve the dispute; or
6        (2) if the customer and the pet shop agree in writing,
7    the parties may submit the dispute to binding arbitration.
8    If the court or arbiter finds that either party acted in
9bad faith in seeking or denying the requested remedy, then the
10offending party may be required to pay reasonable attorney's
11fees and court costs of the adverse party.
12    (l) This Section shall not apply to any adoption of dogs or
13cats, including those in which a pet shop or other
14organization rents or donates space to facilitate the
15adoption.
16    (m) If a pet shop offers its own warranty on a pet, a
17customer may choose to waive the remedies provided under
18subsection (f) of this Section in favor of choosing the
19warranty provided by the pet shop. If a customer waives the
20rights provided by subsection (f), the only remedies available
21to the customer are those provided by the pet shop's warranty.
22For the statement to be an effective waiver of the customer's
23right to refund or exchange the animal under subsection (f),
24the pet shop must provide, in writing, a statement of the
25remedy under subsection (f) that the customer is waiving as
26well as a written copy of the pet shop's warranty. For the

 

 

HB4643- 27 -LRB102 24983 AMQ 34239 b

1statement to be an effective waiver of the customer's right to
2refund or exchange the animal under subsection (f), it shall
3be substantially similar to the following language:
4        "I have agreed to accept the warranty provided by the
5    pet shop in lieu of the remedies under subsection (f) of
6    Section 3.15 of the Animal Welfare Act. I have received a
7    copy of the pet shop's warranty and a statement of the
8    remedies provided under subsection (f) of Section 3.15 of
9    the Animal Welfare Act. This is a waiver pursuant to
10    subsection (m) of Section 3.15 of the Animal Welfare Act
11    whereby I, the customer, relinquish any and all right to
12    return the animal for congenital and hereditary disorders
13    provided by subsection (f) of Section 3.15 of the Animal
14    Welfare Act. I agree that my exclusive remedy is the
15    warranty provided by the pet shop at the time of sale.".
16(Source: P.A. 102-586, eff. 2-23-22.)
 
17    (225 ILCS 605/7.2 new)
18    Sec. 7.2. Sourcing compliance.
19    (a) The Department may, at any time, request copies of all
20inspection reports, audit reports, affidavits, health
21certificates, and microchipping records of any licensee to
22verify compliance with this Act.
23    (b) If a pet store provides incomplete or out-of-date
24copies of inspection or audit reports, the Department may
25require a pet shop operator pay to have a dog or cat breeder

 

 

HB4643- 28 -LRB102 24983 AMQ 34239 b

1audited by an independent third party, certified as an
2ISO-9001 auditing firm, certifying the breeder is in
3compliance with this Act. The audit report shall be sent
4directly to the Department. The Department shall notify the
5pet shop operator of the audit results, and failure of the
6breeder to pass an audit ordered by the Department shall be
7deemed a violation of Section 10 of this Act by the pet shop
8operator.
 
9    (225 ILCS 605/20)  (from Ch. 8, par. 320)
10    (Text of Section before amendment by P.A. 102-586)
11    Sec. 20. Any person violating any provision of this Act or
12any rule, regulation or order of the Department issued
13pursuant to this Act is guilty of a Class C misdemeanor and
14every day a violation continues constitutes a separate
15offense.
16(Source: P.A. 89-178, eff. 7-19-95.)
 
17    (Text of Section after amendment by P.A. 102-586)
18    Sec. 20. Any person violating any provision of this Act,
19other than a violation of Section 3.8 of this Act, or any rule,
20regulation, or order of the Department issued pursuant to this
21Act is guilty of a Class C misdemeanor and every day a
22violation continues constitutes a separate offense.
23(Source: P.A. 102-586, eff. 2-23-22.)
 

 

 

HB4643- 29 -LRB102 24983 AMQ 34239 b

1    (225 ILCS 605/21.5 new)
2    Sec. 21.5. Administrative fee on sales of dogs and cats by
3pet shop operators. Beginning 120 days after the effective
4date of this amendatory Act of the 102nd General Assembly, a
5$25 administrative fee shall be imposed on every dog or cat
6sold by a pet shop operator. All fees collected under this
7Section shall be deposited into the Sourcing and Inspection
8Compliance Fund, which shall be created as a nonappropriated
9fund administered by the Department for the ordinary and
10contingent expenses of the Department in the administration of
11this Section.
 
12    (225 ILCS 605/22)  (from Ch. 8, par. 322)
13    Sec. 22. Except those fees paid pursuant to Section 21.5
14of this Act, all All fees and other money received by the
15Department under this Act shall be paid into the General
16Revenue Fund in the State Treasury.
17(Source: Laws 1965, p. 2956.)
 
18    Section 95. No acceleration or delay. Where this Act makes
19changes in a statute that is represented in this Act by text
20that is not yet or no longer in effect (for example, a Section
21represented by multiple versions), the use of that text does
22not accelerate or delay the taking effect of (i) the changes
23made by this Act or (ii) provisions derived from any other
24Public Act. Effective immediately.
 

 

 

HB4643- 30 -LRB102 24983 AMQ 34239 b

1    Section 99. Effective date. This Act takes effect upon
2becoming law.