Illinois General Assembly - Full Text of SB0633
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Full Text of SB0633  98th General Assembly



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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 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.
17        (3) The date and description of any inoculation or
18    medical treatment that the dog or cat received while under
19    the possession of the pet shop operator.
20        (4) The name and business address of both the dog or
21    cat breeder and the facility where the dog or cat was born.
22    If the dog or cat breeder is located in the State, then the
23    breeder's license number. If the dog or cat breeder also



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1    holds a license issued by the United States Department of
2    Agriculture, the breeder's federal license number.
3        (5) (Blank).
4        (6) If eligible for registration with a pedigree
5    registry, then the name and registration numbers of the
6    sire and dam and the address of the pedigree registry where
7    the sire and dam are registered.
8        (7) If the dog or cat was returned by a customer, then
9    the date and reason for the return.
10        (8) A copy of the pet shop's policy regarding
11    warranties, refunds, or returns and an explanation of the
12    remedy under subsections (f) through (m) of this Section in
13    addition to any other remedies available at law.
14        (9) The pet shop operator's license number issued by
15    the Illinois Department of Agriculture.
16    (b) The information required in subsection (a) shall be
17provided to the customer in written form by the pet shop
18operator and shall have an acknowledgement of disclosures form,
19which must be signed by the customer and the pet shop operator
20at the time of sale. The acknowledgement of disclosures form
21shall include the following:
22        (1) A blank space for the dated signature and printed
23    name of the pet shop operator, which shall be immediately
24    beneath the following statement: "I hereby attest that all
25    of the above information is true and correct to the best of
26    my knowledge.".



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



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



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



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



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



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



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1remedy under subsection (f) that the customer is waiving as
2well as a written copy of the pet shop's warranty. For the
3statement to be an effective waiver of the customer's right to
4refund or exchange the animal under subsection (f), it shall be
5substantially similar to the following language:
6        "I have agreed to accept the warranty provided by the
7    pet shop in lieu of the remedies under subsection (f) of
8    Section 3.15 of the Animal Welfare Act. I have received a
9    copy of the pet shop's warranty and a statement of the
10    remedies provided under subsection (f) of Section 3.15 of
11    the Animal Welfare Act. This is a waiver pursuant to
12    subsection (m) of Section 3.15 of the Animal Welfare Act
13    whereby I, the customer, relinquish any and all right to
14    return the animal for congenital and hereditary disorders
15    provided by subsection (f) of Section 3.15 of the Animal
16    Welfare Act. I agree that my exclusive remedy is the
17    warranty provided by the pet shop at the time of sale.".
18(Source: P.A. 98-509, eff. 1-1-14.)
19    Section 99. Effective date. This Act takes effect upon
20becoming law.