Full Text of SB1639 98th General Assembly
SB1639sam001 98TH GENERAL ASSEMBLY | Sen. Dan Kotowski Filed: 3/12/2013
| | 09800SB1639sam001 | | LRB098 08812 MGM 42711 a |
|
| 1 | | AMENDMENT TO SENATE BILL 1639
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1639 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Animal Welfare Act is amended by changing | 5 | | Sections 2 and 3.15 as follows:
| 6 | | (225 ILCS 605/2) (from Ch. 8, par. 302)
| 7 | | Sec. 2. Definitions. As used in this Act unless the context | 8 | | otherwise
requires:
| 9 | | "Department" means the Illinois Department of Agriculture.
| 10 | | "Director" means the Director of the Illinois Department of | 11 | | Agriculture.
| 12 | | "Pet shop operator" means any person who sells, offers to | 13 | | sell,
exchange, or offers for adoption with or without charge | 14 | | or donation dogs,
cats, birds, fish, reptiles, or other animals | 15 | | customarily obtained as pets
in this State. However, a person | 16 | | who sells only such animals that he has
produced and raised |
| | | 09800SB1639sam001 | - 2 - | LRB098 08812 MGM 42711 a |
|
| 1 | | shall not be considered a pet shop operator under this
Act, and | 2 | | a veterinary hospital or clinic operated by a veterinarian or
| 3 | | veterinarians licensed under the Veterinary Medicine and | 4 | | Surgery Practice
Act of 2004 shall not be considered a pet shop | 5 | | operator under this
Act.
| 6 | | "Dog dealer" means any person who sells, offers to sell, | 7 | | exchange, or
offers for adoption with or without charge or | 8 | | donation dogs in this State.
However, a person who sells only | 9 | | dogs that he has produced and raised shall
not be considered a | 10 | | dog dealer under this Act, and a veterinary hospital or
clinic | 11 | | operated by a veterinarian or veterinarians licensed under the
| 12 | | Veterinary Medicine and Surgery Practice Act of 2004
shall not | 13 | | be considered a dog dealer under this Act.
| 14 | | "Secretary of Agriculture" or "Secretary" means the | 15 | | Secretary of
Agriculture of the United States Department of | 16 | | Agriculture.
| 17 | | "Person" means any person, firm, corporation, partnership, | 18 | | association
or other legal entity, any public or private | 19 | | institution, the State of
Illinois, or any municipal | 20 | | corporation or political subdivision of the
State.
| 21 | | "Kennel operator" means any person who operates an | 22 | | establishment, other
than an animal control facility, | 23 | | veterinary hospital, or animal
shelter, where dogs or dogs and | 24 | | cats are maintained
for boarding, training or similar purposes | 25 | | for a fee or compensation; or
who sells, offers to sell, | 26 | | exchange, or offers for adoption with or without
charge dogs or |
| | | 09800SB1639sam001 | - 3 - | LRB098 08812 MGM 42711 a |
|
| 1 | | dogs and cats which he has produced and raised. A person who
| 2 | | owns, has possession of, or harbors 5 or less
females capable | 3 | | of reproduction shall not be considered a kennel
operator.
| 4 | | "Cattery operator" means any person who operates an | 5 | | establishment, other
than an animal control facility or animal
| 6 | | shelter, where cats are maintained for boarding,
training or | 7 | | similar purposes for a fee or compensation; or who sells,
| 8 | | offers to sell, exchange, or offers for adoption with or | 9 | | without charges
cats which he has produced and raised. A person | 10 | | who owns, has possession
of, or harbors 5 or
less females | 11 | | capable of reproduction shall not be considered a
cattery | 12 | | operator.
| 13 | | "Animal control facility" means any facility operated by or
| 14 | | under contract for the State,
county, or any municipal | 15 | | corporation or political subdivision of the State
for the | 16 | | purpose of impounding or harboring seized, stray, homeless,
| 17 | | abandoned or unwanted dogs, cats, and other animals. "Animal | 18 | | control
facility" also means any
veterinary hospital or clinic | 19 | | operated by a veterinarian or veterinarians
licensed under the | 20 | | Veterinary Medicine and Surgery Practice Act of 2004 which
| 21 | | operates for the above mentioned purpose in addition to its | 22 | | customary purposes.
| 23 | | "Animal shelter" means a facility operated, owned, or | 24 | | maintained by a duly
incorporated humane society, animal | 25 | | welfare society, or other non-profit
organization for the | 26 | | purpose of providing for and promoting the welfare,
protection, |
| | | 09800SB1639sam001 | - 4 - | LRB098 08812 MGM 42711 a |
|
| 1 | | and humane treatment of animals. "Animal shelter" also means | 2 | | any
veterinary hospital or clinic operated by a veterinarian or | 3 | | veterinarians
licensed under the Veterinary Medicine and | 4 | | Surgery Practice Act of 2004 which
operates for the above | 5 | | mentioned purpose in addition to its customary purposes.
| 6 | | "Foster home" means an entity that accepts the | 7 | | responsibility for
stewardship of animals that are the | 8 | | obligation of an animal shelter, not to
exceed 4 animals at any | 9 | | given time. Permits to operate as a "foster home"
shall be | 10 | | issued through the animal shelter.
| 11 | | "Guard dog service" means an entity that, for a fee, | 12 | | furnishes or leases
guard or sentry dogs for the protection of | 13 | | life or property. A person
is not a guard dog service solely | 14 | | because he or she owns a dog and uses it to
guard his or her | 15 | | home, business, or farmland.
| 16 | | "Guard dog" means a type of dog used primarily for the | 17 | | purpose of defending,
patrolling, or protecting property or | 18 | | life at a commercial establishment
other than a farm. "Guard | 19 | | dog" does not include stock dogs used primarily for
handling | 20 | | and controlling livestock or farm animals, nor does it include
| 21 | | personally owned pets that also provide security.
| 22 | | "Sentry dog" means a dog trained to work without | 23 | | supervision in a fenced
facility other than a farm, and to | 24 | | deter or detain unauthorized persons found
within the facility.
| 25 | | "Probationary status" means the 12-month period following | 26 | | a series of violations of this Act during which any further |
| | | 09800SB1639sam001 | - 5 - | LRB098 08812 MGM 42711 a |
|
| 1 | | violation shall result in an automatic 12-month suspension of | 2 | | licensure.
| 3 | | "Seller" means a pet shop operator, dog dealer, or kennel
| 4 | | operator who sells dogs or cats to the public with or without | 5 | | charge or
donation. "Seller" does not include an animal | 6 | | shelter, animal
control facility, fostering home, or | 7 | | veterinary clinic or
hospital. | 8 | | (Source: P.A. 95-550, eff. 6-1-08 .)
| 9 | | (225 ILCS 605/3.15) | 10 | | Sec. 3.15. Disclosures for dogs and cats being sold by pet | 11 | | shops . | 12 | | (a) For each cat or dog within the State offered for sale | 13 | | or exchange to any consumer, the following information shall be | 14 | | provided to the consumer prior Prior to the time of sale, every | 15 | | pet shop operator must, to the best of his or her knowledge, | 16 | | provide to the consumer the following information on any dog or | 17 | | cat being offered for sale: | 18 | | (1) The retail price of the dog or cat, including any | 19 | | additional fees or charges. | 20 | | (2) The breed, age, date of birth, sex, and color of | 21 | | the dog or cat. | 22 | | (3) The date and description details of any inoculation | 23 | | or medical treatment that the dog or cat received while | 24 | | under the possession of the seller pet shop operator . | 25 | | (4) The name and business address of both the dog or |
| | | 09800SB1639sam001 | - 6 - | LRB098 08812 MGM 42711 a |
|
| 1 | | cat breeder and the facility where the dog or cat was born. | 2 | | If the dog or cat breeder is located in the State, then the | 3 | | breeder's license number. If the dog or cat breeder also | 4 | | holds a license issued by the United States Department of | 5 | | Agriculture, the breeder's federal license identification | 6 | | number. | 7 | | (5) Any known congenital or hereditary diseases of the | 8 | | parents of the dog or cat, or the parents' other offspring. | 9 | | (5) (6) If eligible for registration with a pedigree | 10 | | registry, then the name and registration numbers of the | 11 | | sire and dam and the address of the pedigree registry where | 12 | | the sire and dam are registered. | 13 | | (6) (7) If the dog or cat was returned by a customer, | 14 | | then the date and reason for the return. | 15 | | (7) (8) The following written statement: "A copy of our | 16 | | policy regarding warranties, refunds, or returns is | 17 | | available upon request. Customers may, in addition to any | 18 | | other remedy that may be available, be entitled to a remedy | 19 | | under subsections (f) through (k) of Section 3.15 of the | 20 | | Animal Welfare Act. ". | 21 | | (8) If the seller is different from the breeder, the | 22 | | seller's (9) The pet shop operator's license number issued | 23 | | by the Illinois Department of Agriculture , the United | 24 | | States Department of Agriculture, or both, if applicable . | 25 | | (b) The information required in subsection (a) shall be | 26 | | provided to the customer in written form by the pet shop |
| | | 09800SB1639sam001 | - 7 - | LRB098 08812 MGM 42711 a |
|
| 1 | | operator and shall have an acknowledgement of disclosures form, | 2 | | which must be signed by the customer and the seller pet shop | 3 | | operator at the time of sale. The acknowledgement of | 4 | | disclosures form shall include the following: | 5 | | (1) A blank space for the dated signature and printed | 6 | | name of the seller pet shop operator , which shall be | 7 | | immediately beneath the following statement: "I hereby | 8 | | attest that all of the above information is true and | 9 | | correct to the best of my knowledge.". | 10 | | (2) A blank space for the customer to sign and print | 11 | | his or her name and the date, which shall be immediately | 12 | | beneath the following statement: "I hereby attest that this | 13 | | disclosure was posted on or near the cage of the dog or cat | 14 | | for sale and that I have read all of the disclosures. I | 15 | | further understand that I am entitled to keep a signed copy | 16 | | of this disclosure.". | 17 | | (c) A copy of the disclosures and the signed | 18 | | acknowledgement of disclosures form shall be provided to the | 19 | | customer at the time of sale and the original copy shall be | 20 | | maintained by the seller pet shop operator for a period of 2 | 21 | | years from the date of sale. A copy of the seller's pet store | 22 | | operator's policy regarding warranties, refunds, or returns | 23 | | shall be provided to the customer. | 24 | | (d) A seller that is also a A pet shop operator shall post | 25 | | in a conspicuous place in writing on or near the cage of any | 26 | | dog or cat available for sale the information required by |
| | | 09800SB1639sam001 | - 8 - | LRB098 08812 MGM 42711 a |
|
| 1 | | subsection (a) of this Section 3.15 at all times during which | 2 | | the cat or dog is being offered for sale within this State. A | 3 | | seller advertising any dog or cat for sale over the Internet | 4 | | shall provide the information required by subsection (a) of | 5 | | this Section, or a direct link to the information, on the | 6 | | webpage on which the animal for sale appears. A seller | 7 | | advertising any dog or cat through means other than the | 8 | | Internet must disclose (i) the printed or typed name and | 9 | | address of the breeder of the animal; (ii) the breeder's state | 10 | | license number, United States Department of Agriculture | 11 | | license number, or both, as applicable; and if the seller is | 12 | | not also the breeder, the seller's license number issued by the | 13 | | Illinois Department of Agriculture, the United States | 14 | | Department of Agriculture, or both .
| 15 | | (e) If there is an outbreak of distemper, parvovirus, or | 16 | | any other contagious and potentially life-threatening disease | 17 | | at a seller's pet shop or kennel, then the seller shall notify | 18 | | the Department immediately upon becoming aware that a dog or | 19 | | cat has contracted the disease. If the Department issues a | 20 | | quarantine, the seller must notify, in writing and within 2 | 21 | | business days of the quarantine, each customer who purchased a | 22 | | dog or cat during the 3-week period prior to the diagnosis and | 23 | | quarantine. | 24 | | (f) A customer who purchased a dog or cat from a seller is | 25 | | entitled to a remedy under this Section if: | 26 | | (1) within 21 days after the date of the sale, a |
| | | 09800SB1639sam001 | - 9 - | LRB098 08812 MGM 42711 a |
|
| 1 | | licensed veterinarian states in writing that (i) the dog or | 2 | | cat possesses a disease or illness that adversely affects | 3 | | the health of the dog or cat and the disease existed in the | 4 | | dog or cat on or before the date of delivery to the | 5 | | customer or (ii) the dog or cat has died from a disease | 6 | | that existed in the dog or cat on or before the date of | 7 | | delivery to the customer; or | 8 | | (2) within one year after the date of sale, a licensed | 9 | | veterinarian states in writing that the dog or cat (i) | 10 | | possesses a congenital or hereditary condition that | 11 | | adversely affects the health of the dog or cat or requires | 12 | | either hospitalization or a non-elective surgical | 13 | | procedure or (ii) has died of a congenital or hereditary | 14 | | condition. | 15 | | Internal or external parasites may not be considered to | 16 | | adversely affect the health of the dog or cat unless the | 17 | | presence of the parasites makes the dog or cat clinically ill. | 18 | | The veterinarian's statement shall include: | 19 | | (i) the customer's name and address; | 20 | | (ii) a statement that the veterinarian examined the dog | 21 | | or cat; | 22 | | (iii) the date or dates that the dog or cat was | 23 | | examined; | 24 | | (iv) the breed and age of the dog or cat, if known; | 25 | | (v) a statement that the dog or cat has or had a | 26 | | disease, illness, or congenital or hereditary condition |
| | | 09800SB1639sam001 | - 10 - | LRB098 08812 MGM 42711 a |
|
| 1 | | that is subject to a remedy; and | 2 | | (vi) the findings of the examination or necropsy, | 3 | | including lab results or copies of the results. | 4 | | (g) A customer entitled to a remedy under subsection (f) of | 5 | | this Section may: | 6 | | (1) return the dog or cat to the seller for a full | 7 | | refund of the purchase price; | 8 | | (2) exchange the dog or cat for another dog or cat of | 9 | | comparable value chosen by the customer; or | 10 | | (3) retain the dog or cat and be reimbursed for | 11 | | reasonable veterinary fees for diagnosis and treatment of | 12 | | the dog or cat, not to exceed 2 times the purchase price of | 13 | | the dog or cat. | 14 | | For the purposes of this subsection (g), veterinary fees | 15 | | shall be considered reasonable if (i) the services provided are | 16 | | appropriate for the diagnosis and treatment of the disease, | 17 | | illness, or congenital or hereditary condition and (ii) the | 18 | | cost of the services is comparable to that charged for similar | 19 | | services by other licensed veterinarians located in close | 20 | | proximity to the treating veterinarian. | 21 | | (h) Unless the seller contests a reimbursement required | 22 | | under subsection (g) of this Section, the reimbursement shall | 23 | | be made to the customer no later than 10 business days after | 24 | | the seller receives the veterinarian's statement under | 25 | | subsection (f) of this Section. | 26 | | (i) To obtain a remedy under this Section, a customer |
| | | 09800SB1639sam001 | - 11 - | LRB098 08812 MGM 42711 a |
|
| 1 | | shall: | 2 | | (1) notify the seller as soon as reasonably possible | 3 | | and not to exceed 3 business days after a diagnosis by a | 4 | | licensed veterinarian of a disease, illness, or congenital | 5 | | or hereditary condition of the dog or cat for which the | 6 | | customer is seeking a remedy; | 7 | | (2) provide to the seller a written statement provided | 8 | | under subsection (f) by a licensed veterinarian within 5 | 9 | | business days after a diagnosis by the veterinarian; | 10 | | (3) on the request of the seller, take the dog or cat | 11 | | for an examination by a second licensed veterinarian chosen | 12 | | by the customer, at the expense of the seller; and | 13 | | (4) if the customer requests a reimbursement of | 14 | | reasonable veterinary fees, provide to the seller an | 15 | | itemized bill for the disease, illness, or congenital or | 16 | | hereditary condition of the dog or cat for which the | 17 | | customer is seeking a remedy. | 18 | | (j) A customer is not entitled to a remedy under this | 19 | | Section if: | 20 | | (1) the illness or death resulted from: | 21 | | (A) maltreatment or neglect by the customer; | 22 | | (B) an injury sustained after the delivery of the | 23 | | dog or cat to the customer; or | 24 | | (C) an illness or disease contracted after the | 25 | | delivery of the dog or cat to the customer; | 26 | | (2) the customer does not carry out the recommended |
| | | 09800SB1639sam001 | - 12 - | LRB098 08812 MGM 42711 a |
|
| 1 | | treatment prescribed by the veterinarian who made the | 2 | | diagnosis; or | 3 | | (3) the customer does not return to the seller all | 4 | | documents provided to register the dog or cat, unless such | 5 | | documents have already been sent to the registry | 6 | | organization. | 7 | | (k) A seller may contest a remedy under this Section by | 8 | | having the dog or cat examined by a second licensed | 9 | | veterinarian at the expense of the seller if the dog or cat is | 10 | | still living. If the dog or cat is deceased, the seller may | 11 | | choose to have a second veterinarian review any records | 12 | | provided by the veterinarian who examined or treated the dog or | 13 | | cat for the customer before its death. | 14 | | If the customer and the seller have not reached an | 15 | | agreement within 10 business days after the examination of the | 16 | | medical records and the dog or cat, if alive, or the dog's or | 17 | | cat's medical records, if deceased, by the second veterinarian, | 18 | | then: | 19 | | (1) the customer may bring suit in a court of competent | 20 | | jurisdiction to resolve the dispute; or | 21 | | (2) if the seller and the customer agree in writing, | 22 | | they may submit the dispute to binding arbitration. | 23 | | If the court or arbitrator finds that either party acted in | 24 | | bad faith in seeking or denying the requested remedy, then the | 25 | | offending party may be required to pay reasonable attorney's | 26 | | fees and court costs of the adverse party. |
| | | 09800SB1639sam001 | - 13 - | LRB098 08812 MGM 42711 a |
|
| 1 | | (l) This Section shall not apply to organizations or | 2 | | individuals who only rent or donate space to facilitate the | 3 | | adoption of dogs and cats or those locations where dogs and | 4 | | cats are obtained by adoption. | 5 | | (Source: P.A. 96-1470, eff. 1-1-11.)".
|
|