Full Text of HB2793 103rd General Assembly
HB2793ham001 103RD GENERAL ASSEMBLY | Rep. William "Will" Davis Filed: 3/21/2023
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| 1 | | AMENDMENT TO HOUSE BILL 2793
| 2 | | AMENDMENT NO. ______. Amend House Bill 2793 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Finance Act is amended by adding | 5 | | Section 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 | 9 | | Sections 3.6, 3.8, 3.9, 3.15, 20, and 22 and by adding Sections | 10 | | 7.2 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 | 14 | | the animal is reported by the shelter to the animal control or |
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| 1 | | law enforcement of the county in which the animal is found by | 2 | | the next business day. An animal shelter may accept animals | 3 | | from: (1) the owner of the animal where the owner signs a | 4 | | relinquishment form which states he or she is the owner of the | 5 | | animal; (2) an animal shelter licensed under this Act; or (3) | 6 | | an out-of-state animal control facility, rescue group, or | 7 | | animal shelter that is duly licensed in their state or is a | 8 | | not-for-profit organization. An animal shelter shall not | 9 | | accept a dog or cat pursuant to item (2) or (3) unless it | 10 | | obtains and keeps record of documentation attesting the dog or | 11 | | cat was not obtained through compensation or payment to a dog | 12 | | breeder or cat breeder. | 13 | | (b) When stray dogs and cats are accepted by an animal | 14 | | shelter, they must be scanned for the presence of a microchip | 15 | | and examined for other currently-acceptable methods of | 16 | | identification, including, but not limited to, identification | 17 | | tags, tattoos, and rabies license tags. The examination for | 18 | | identification shall be done within 24 hours after the intake | 19 | | of each dog or cat. The animal shelter shall notify the owner | 20 | | and transfer any dog with an identified owner to the animal | 21 | | control or law enforcement agency in the jurisdiction in which | 22 | | it was found or the local animal control agency for | 23 | | redemption. | 24 | | (c) If no transfer can occur, the animal shelter shall | 25 | | make every reasonable attempt to contact the owner, agent, or | 26 | | caretaker as soon as possible. The animal shelter shall give |
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| 1 | | notice of not less than 7 business days to the owner, agent, or | 2 | | caretaker prior to disposal of the animal. The notice shall be | 3 | | mailed to the last known address of the owner, agent, or | 4 | | caretaker. Testimony of the animal shelter, or its authorized | 5 | | agent, who mails the notice shall be evidence of the receipt of | 6 | | the notice by the owner, agent, or caretaker of the animal. A | 7 | | mailed notice shall remain the primary means of owner, agent, | 8 | | or caretaker contact; however, the animal shelter shall also | 9 | | attempt to contact the owner, agent, or caretaker by any other | 10 | | contact information, such as by telephone or email address, | 11 | | provided by the microchip or other method of identification | 12 | | found on the dog or cat. If the dog or cat has been | 13 | | microchipped and the primary contact listed by the chip | 14 | | manufacturer cannot be located or refuses to reclaim the dog | 15 | | or cat, an attempt shall be made to contact any secondary | 16 | | contacts listed by the chip manufacturer or the purchaser of | 17 | | the microchip if the purchaser is a nonprofit organization, | 18 | | animal shelter, animal control facility, pet store, breeder, | 19 | | or veterinary office prior to adoption, transfer, or | 20 | | euthanization. Prior to transferring any stray dog or cat to | 21 | | another humane shelter, pet store, rescue group, or | 22 | | euthanization, the dog or cat shall be scanned again for the | 23 | | presence of a microchip and examined for other means of | 24 | | identification. If a second scan provides the same identifying | 25 | | information as the initial intake scan and the owner, agent, | 26 | | or caretaker has not been located or refuses to reclaim the dog |
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| 1 | | or cat, the animal shelter may proceed with adoption, | 2 | | transfer, or euthanization. | 3 | | (d) When stray dogs and cats are accepted by an animal | 4 | | shelter and no owner can be identified, the shelter shall hold | 5 | | the animal for the period specified in local ordinance prior | 6 | | to adoption, transfer, or euthanasia. The animal shelter shall | 7 | | allow access to the public to view the animals housed there. If | 8 | | a dog is identified by an owner who desires to make redemption | 9 | | of it, the dog shall be transferred to the local animal control | 10 | | for redemption. If no transfer can occur, the animal shelter | 11 | | shall proceed pursuant to Section 3.7. Upon lapse of the hold | 12 | | period specified in local ordinance and no owner can be | 13 | | identified, ownership of the animal, by operation of law, | 14 | | transfers to the shelter that has custody of the animal. | 15 | | (e) No representative of an animal shelter may enter | 16 | | private property and remove an animal without permission from | 17 | | the property owner and animal owner, nor can any | 18 | | representative of an animal shelter direct another individual | 19 | | to enter private property and remove an animal unless that | 20 | | individual is an approved humane investigator (approved by the | 21 | | Department) operating pursuant to the provisions of the Humane | 22 | | Care for Animals Act. | 23 | | (f) Nothing in this Section limits an animal shelter and | 24 | | an animal control facility who, through mutual agreement, wish | 25 | | to enter into an agreement for animal control, boarding, | 26 | | holding, measures to improve life-saving, or other services |
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| 1 | | provided that the agreement requires parties adhere to the | 2 | | provisions of the Animal Control Act, the Humane Euthanasia in | 3 | | Animal Shelters Act, and the Humane Care for Animals Act.
| 4 | | (Source: P.A. 99-310, eff. 1-1-16; 100-322, eff. 8-24-17; | 5 | | 100-870, eff. 1-1-19 .) | 6 | | (225 ILCS 605/3.8) | 7 | | Sec. 3.8. Sourcing Prohibition of dogs and cats sold by | 8 | | pet shops; recordkeeping. | 9 | | (a) A pet shop operator may offer for sale a dog or cat | 10 | | only if the dog or cat is obtained from a verified breeder, an | 11 | | animal control facility , or animal shelter, located in-state | 12 | | or out-of-state, that is in compliance with Section 3.9. | 13 | | (b) A pet shop operator shall keep a record of each dog or | 14 | | cat offered for sale. The record must be kept on file for a | 15 | | period of 2 years following the acquisition of each dog or cat, | 16 | | made available to the Department upon request, and submitted | 17 | | to the Department on May 1 and November 1 of each year. The | 18 | | record shall include the following: | 19 | | (1) name, address, and phone number of the verified
| 20 | | breeder, animal control facility , or animal shelter each | 21 | | dog or cat was obtained from; and | 22 | | (2) documentation from the verified breeder, animal | 23 | | control facility , or animal shelter each dog or cat was | 24 | | obtained from demonstrating compliance with Section 3.9, | 25 | | including the circumstances that led to the animal control |
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| 1 | | facility or animal shelter obtaining ownership of the dog | 2 | | or cat and any other information indicating the dog or cat | 3 | | was not obtained from a source prohibited in Section 3.9. | 4 | | (c) (Blank). In addition to the penalties set forth in | 5 | | Section 20.5, a pet shop operator that violates subsection (a) | 6 | | shall no longer offer for sale a dog or cat regardless of where | 7 | | the dog or cat was obtained. | 8 | | (d) Nothing in this Section prohibits a pet shop operator | 9 | | from providing space to an animal control facility or animal | 10 | | shelter to showcase dogs or cats owned by these entities for | 11 | | the purpose of adoption.
| 12 | | (Source: P.A. 102-586, eff. 2-23-22 .) | 13 | | (225 ILCS 605/3.9) | 14 | | Sec. 3.9. Verified breeders, animal Animal control | 15 | | facilities , and animal shelters supplying to pet shop | 16 | | operators. | 17 | | (a) An animal control facility or animal shelter that | 18 | | supplies dogs or cats to pet shop operators to be offered for | 19 | | sale shall not be a dog breeder or a cat breeder or obtain dogs | 20 | | or cats from a dog breeder, a cat breeder, a person who resells | 21 | | dogs or cats from a breeder, or a person who sells dogs or cats | 22 | | at auction in exchange for payment or compensation. | 23 | | (b) An animal control facility or animal shelter that | 24 | | supplies dogs or cats to pet shops to be offered for sale shall | 25 | | provide pet shops with documentation demonstrating compliance |
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| 1 | | with this Section, including a description of the ownership | 2 | | history of each dog or cat supplied, if known, the | 3 | | circumstances that led to ownership of the dog or cat, and any | 4 | | other information indicating the dog or cat was not obtained | 5 | | from a source prohibited in this Section.
| 6 | | (c) To verify a breeder meets or exceeds the standards set | 7 | | forth in 8 Ill. Adm. Code 25, a pet shop operator must obtain | 8 | | from the breeder a signed affidavit, or a document prescribed | 9 | | and provided by the Department, stating compliance with those | 10 | | standards, which must be accompanied by one or more of the | 11 | | following documents: (1) copies of inspection reports over a | 12 | | 2-year period from the State or local governmental entity that | 13 | | has jurisdiction certifying the breeder meets or exceeds the | 14 | | standards; or (2) a copy of audit results, conducted within | 15 | | the past 16 months by an independent third party, certified as | 16 | | an ISO 9001 auditing firm, certifying the completion of an | 17 | | outcome-based breeder standards program that meets or exceeds | 18 | | the standards set forth in 8 Ill. Adm. Code 25. Failure to have | 19 | | copies of inspection or audit reports shall be deemed a | 20 | | violation of Section 10 of this Act. | 21 | | (d) As used this Section: | 22 | | "Outcome-based breeder standards program" means a program | 23 | | approved by the Department that tests for and certifies the | 24 | | physical welfare, behavioral welfare, and genetic health of | 25 | | the animal, in addition to certifying standards in areas such | 26 | | as nutrition, veterinary care, housing, handling, and |
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| 1 | | exercise. | 2 | | "Verified breeder" means a breeder that satisfies the | 3 | | requirements of subsection (c). | 4 | | (Source: P.A. 102-586, eff. 2-23-22 .)
| 5 | | (225 ILCS 605/3.15) | 6 | | Sec. 3.15. Disclosures for dogs and cats being sold by pet | 7 | | shops. | 8 | | (a) Prior to the time of sale, every pet shop operator | 9 | | must, to the best of his or her knowledge, provide to the | 10 | | consumer the following information on any dog or cat being | 11 | | offered for sale: | 12 | | (1) The retail price of the dog or cat, including any | 13 | | additional fees or charges. | 14 | | (2) The breed or breeds, if known, age, date of birth, | 15 | | sex, and color of 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 breeder, pet shop operator, and any | 19 | | inoculation or medical treatment that the dog or cat | 20 | | received while under the possession of the animal control | 21 | | facility , or animal shelter that the pet shop operator is | 22 | | aware of. | 23 | | (4) Sourcing information required in subsection (b) of | 24 | | Section 3.8. | 25 | | (5) (Blank). |
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| 1 | | (6) (Blank). | 2 | | (7) If the dog or cat was returned by a customer, then | 3 | | the date and reason for the return. | 4 | | (8) A copy of the pet shop's policy regarding | 5 | | warranties, refunds, or returns and an explanation of the | 6 | | remedy under subsections (f) through (m) of this Section | 7 | | in addition to any other remedies available at law. | 8 | | (9) The pet shop operator's license number issued by | 9 | | the Illinois Department of Agriculture. | 10 | | (10) Disclosure that the dog or cat has been | 11 | | microchipped and the microchip has been enrolled in a | 12 | | nationally searchable database. Pet stores must also | 13 | | disclose that the purchaser has the option to list the pet | 14 | | store as a secondary contact on the microchip. | 15 | | (11) If eligible for registration with a pedigree
| 16 | | registry, then the name and registration numbers of the
| 17 | | sire and dam and the address of the pedigree registry
| 18 | | where the sire and dam are registered. | 19 | | (a-5) All dogs and cats shall be microchipped by a pet shop | 20 | | operator prior to sale. | 21 | | (b) The information required in subsection (a) shall be | 22 | | provided to the customer in written form by the pet shop | 23 | | operator and shall have an acknowledgement of disclosures | 24 | | form, which must be signed by the customer and the pet shop | 25 | | operator at the time of sale. The acknowledgement of | 26 | | disclosures form shall include the following: |
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| 1 | | (1) A blank space for the dated signature and printed | 2 | | name of the pet shop operator, which shall be immediately | 3 | | beneath the following statement: "I hereby attest that all | 4 | | of the above information is true and correct to the best of | 5 | | my knowledge.". | 6 | | (2) A blank space for the customer to sign and print | 7 | | his or her name and the date, which shall be immediately | 8 | | beneath the following statement: "I hereby attest that | 9 | | this disclosure was posted on or near the cage of the dog | 10 | | or cat for sale and that I have read all of the | 11 | | disclosures. I further understand that I am entitled to | 12 | | keep a signed copy of this disclosure.". | 13 | | (c) A copy of the disclosures and the signed | 14 | | acknowledgement of disclosures form shall be provided to the | 15 | | customer at the time of sale and the original copy shall be | 16 | | maintained by the pet shop operator for a period of 2 years | 17 | | from the date of sale. A copy of the pet store operator's | 18 | | policy regarding warranties, refunds, or returns shall be | 19 | | provided to the customer. | 20 | | (d) A pet shop operator shall post in writing or near on | 21 | | the cage of any dog or cat available for sale the information | 22 | | required by subsection (a) of this Section 3.15.
| 23 | | (e) If there is an outbreak of distemper, parvovirus, or | 24 | | any other contagious and potentially life-threatening disease, | 25 | | the pet shop operator shall notify the Department immediately | 26 | | upon becoming aware of the disease. If the Department issues a |
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| 1 | | quarantine, the pet shop operator shall notify, in writing and | 2 | | within 2 business days of the quarantine, each customer who | 3 | | purchased a dog or cat during the 2-week period prior to the | 4 | | outbreak and quarantine. | 5 | | (f) A customer who purchased a dog or cat from a pet shop | 6 | | is 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: |
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| 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) | 13 | | of 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. |
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| 1 | | For the purposes of this subsection (g), veterinary fees | 2 | | shall be considered reasonable if (i) the services provided | 3 | | are appropriate for the diagnosis and treatment of the | 4 | | disease, illness, or congenital or hereditary condition and | 5 | | (ii) the cost of the services is comparable to that charged for | 6 | | similar services by other licensed veterinarians located in | 7 | | close proximity to the treating veterinarian. | 8 | | (h) Unless the pet shop contests a reimbursement required | 9 | | under subsection (g) of this Section, the reimbursement shall | 10 | | be made to the customer no later than 10 business days after | 11 | | the pet shop operator receives the veterinarian's statement | 12 | | under subsection (f) of this Section. | 13 | | (i) To obtain a remedy under this Section, a customer | 14 | | shall: | 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 | 11 | | Section 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 | 25 | | having the dog or cat examined by a second licensed | 26 | | veterinarian pursuant to paragraph (3) of subsection (i) of |
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| 1 | | this Section if the dog or cat is still living. If the dog or | 2 | | cat is deceased, the pet shop may choose to have the second | 3 | | veterinarian review any records provided by the veterinarian | 4 | | who examined or treated the dog or cat for the customer before | 5 | | its death. | 6 | | If the customer and the pet shop have not reached an | 7 | | agreement within 10 business days after the examination of the | 8 | | medical records and the dog or cat, if alive, or the dog's or | 9 | | cat's medical records, if deceased, by the second | 10 | | veterinarian, 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 | 16 | | bad faith in seeking or denying the requested remedy, then the | 17 | | offending party may be required to pay reasonable attorney's | 18 | | fees and court costs of the adverse party. | 19 | | (l) This Section shall not apply to any adoption of dogs or | 20 | | cats, including those in which a pet shop or other | 21 | | organization rents or donates space to facilitate the | 22 | | adoption. | 23 | | (m) If a pet shop offers its own warranty on a pet, a | 24 | | customer may choose to waive the remedies provided under | 25 | | subsection (f) of this Section in favor of choosing the | 26 | | warranty provided by the pet shop. If a customer waives the |
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| 1 | | rights provided by subsection (f), the only remedies available | 2 | | to the customer are those provided by the pet shop's warranty. | 3 | | For the statement to be an effective waiver of the customer's | 4 | | right to refund or exchange the animal under subsection (f), | 5 | | the pet shop must provide, in writing, a statement of the | 6 | | remedy under subsection (f) that the customer is waiving as | 7 | | well as a written copy of the pet shop's warranty. For the | 8 | | statement to be an effective waiver of the customer's right to | 9 | | refund or exchange the animal under subsection (f), it shall | 10 | | be 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. 102-586, eff. 2-23-22 .)
| 24 | | (225 ILCS 605/7.2 new) | 25 | | Sec. 7.2. Sourcing compliance. |
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| 1 | | (a) The Department may, at any time, request copies of all | 2 | | inspection reports, audit reports, affidavits, health | 3 | | certificates, and microchipping records of any licensee to | 4 | | verify compliance with this Act. | 5 | | (b) If a pet store provides incomplete or out-of-date | 6 | | copies of inspection or audit reports, the Department may | 7 | | require a pet shop operator pay to have a dog or cat breeder | 8 | | audited by an independent third party, certified as an | 9 | | ISO-9001 auditing firm, certifying the breeder is in | 10 | | compliance with this Act. The audit report shall be sent | 11 | | directly to the Department. The Department shall notify the | 12 | | pet shop operator of the audit results, and failure of the | 13 | | breeder to pass an audit ordered by the Department shall be | 14 | | deemed a violation of Section 10 of this Act by the pet shop | 15 | | operator.
| 16 | | (225 ILCS 605/20) (from Ch. 8, par. 320)
| 17 | | Sec. 20.
Any person violating any provision of this Act , | 18 | | other than a violation of Section 3.8 of this Act, or any rule,
| 19 | | regulation, or order of the Department issued pursuant to this | 20 | | Act is guilty of
a Class C misdemeanor and every day a | 21 | | violation continues constitutes a
separate offense.
| 22 | | (Source: P.A. 102-586, eff. 2-23-22 .)
| 23 | | (225 ILCS 605/21.5 new) | 24 | | Sec. 21.5. Administrative fee on sales of dogs and cats by |
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| 1 | | pet shop operators. Beginning 120 days after the effective | 2 | | date of this amendatory Act of the 103rd General Assembly, a | 3 | | $25 administrative fee shall be imposed on every dog or cat | 4 | | sold by a pet shop operator. All fees collected under this | 5 | | Section shall be deposited into the Sourcing and Inspection | 6 | | Compliance Fund, which shall be created as a fund administered | 7 | | by the Department for the ordinary and contingent expenses of | 8 | | the Department in the administration of this Section.
| 9 | | (225 ILCS 605/22) (from Ch. 8, par. 322)
| 10 | | Sec. 22.
Except those fees paid pursuant to Section 21.5 | 11 | | of this Act, all All fees and other money received by the | 12 | | Department under this Act shall
be paid into the General | 13 | | Revenue Fund in the State Treasury.
| 14 | | (Source: Laws 1965, p. 2956 .)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.".
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