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Full Text of HB2824  100th General Assembly

HB2824 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2824

 

Introduced , by Rep. Jerry Costello, II

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 605/3.1  from Ch. 8, par. 303.1
225 ILCS 605/3.5
225 ILCS 605/3.6
225 ILCS 605/3.8 new
225 ILCS 605/3.15

    Amends the Animal Welfare Act. Provides that every dog dealer and cattery operator shall provide for every dog or cat available for sale documentation that indicates that the dog or cat has been microchipped. Requires an animal shelter or animal control facility to provide information to an adopter prior to the time of adoption whether the dog or cat to be adopted was microchipped prior to being placed in the animal shelter or animal control facility. Provides that if a dog or cat turned into an animal shelter has a microchip and the primary contact or owner refuses to reclaim the cat or dog, the shelter shall contact the pet shop operator or rescue organization identified on the microchip and request they claim the dog or cat. Provides that a pet shop operator, dog dealer, or cattery operator may not obtain a dog or cat for resale or sell or offer for sale any dog or cat obtained from a person who has committed violations of certain federal laws or regulations, as tracked by the United States Department of Agriculture. Provides for certain exceptions. Requires pet shop operators to microchip all dogs and cats. Requires pet shop operators to include a disclosure that a dog or cat for sale has been microchipped. Denies home rule powers. Effective immediately.


LRB100 06285 SMS 16322 b

HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2824LRB100 06285 SMS 16322 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 Animal Welfare Act is amended by changing
5Sections 3.1, 3.5, 3.6, and 3.15 and by adding Section 3.8 as
6follows:
 
7    (225 ILCS 605/3.1)  (from Ch. 8, par. 303.1)
8    Sec. 3.1. Information on dogs and cats for sale by a dog
9dealer or cattery operator. Every dog dealer and cattery
10operator shall provide the following information for every dog
11or cat available for sale:
12    (a) The age, sex, and weight of the animal.
13    (b) The breed of the animal.
14    (c) A record of vaccinations and veterinary care and
15treatment.
16    (d) A record of surgical sterilization or lack of surgical
17sterilization.
18    (e) The name and address of the breeder of the animal.
19    (f) The name and address of any other person who owned or
20harbored the animal between its birth and the point of sale.
21    (g) Documentation that indicates that the dog or cat has
22been microchipped.
23(Source: P.A. 96-1470, eff. 1-1-11.)
 

 

 

HB2824- 2 -LRB100 06285 SMS 16322 b

1    (225 ILCS 605/3.5)
2    Sec. 3.5. Information on dogs and cats available for
3adoption by an animal shelter or animal control facility.
4    (a) An animal shelter or animal control facility must
5provide to the adopter prior to the time of adoption the
6following information, to the best of its knowledge, on any dog
7or cat being offered for adoption:
8        (1) The breed, age, date of birth, sex, and color of
9    the dog or cat if known, or if unknown, the animal shelter
10    or animal control facility shall estimate to the best of
11    its ability.
12        (2) The details of any inoculation or medical treatment
13    that the dog or cat received while under the possession of
14    the animal shelter or animal control facility.
15        (3) The adoption fee and any additional fees or
16    charges.
17        (4) If the dog or cat was returned by an adopter, then
18    the date and reason for the return.
19        (5) The following written statement: "A copy of our
20    policy regarding warranties, refunds, or returns is
21    available upon request.".
22        (6) The license number of the animal shelter or animal
23    control facility issued by the Illinois Department of
24    Agriculture.
25        (7) Whether the dog or cat was microchipped prior to

 

 

HB2824- 3 -LRB100 06285 SMS 16322 b

1    being placed in the animal shelter or animal control
2    facility.
3    (b) The information required in subsection (a) shall be
4provided to the adopter in written form by the animal shelter
5or animal control facility and shall have an acknowledgement of
6disclosures form, which must be signed by the adopter and an
7authorized representative of the animal shelter or animal
8control facility at the time of the adoption. The
9acknowledgement of disclosures form shall include the
10following:
11        (1) A blank space for the dated signature and printed
12    name of the authorized representative handling the
13    adoption on behalf of the animal shelter or animal control
14    facility, which shall be immediately beneath the following
15    printed statement: "I hereby attest that all of the above
16    information is true and correct to the best of my
17    knowledge.".
18        (2) A blank space for the dated signature and printed
19    name of the adopter, which shall be immediately beneath the
20    following statement: "I hereby attest that this disclosure
21    was posted on or near the cage of the dog or cat for
22    adoption and that I have read all the disclosures. I
23    further understand that I am entitled to keep a signed copy
24    of this disclosure.".
25    (c) A copy of the disclosures and the signed
26acknowledgement of disclosures form shall be provided to the

 

 

HB2824- 4 -LRB100 06285 SMS 16322 b

1adopter and the original copy shall be maintained by the animal
2shelter or animal control facility for a period of 2 years from
3the date of adoption. A copy of the animal shelter's or animal
4control facility's policy regarding warranties, refunds, or
5returns shall be provided to the adopter.
6    (d) An animal shelter or animal control facility shall post
7in a conspicuous place in writing on or near the cage of any
8dog or cat available for adoption the information required by
9subsection (a) of this Section 3.5.
10(Source: P.A. 96-1470, eff. 1-1-11.)
 
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
22not-for-profit organization.
23    (b) When stray dogs and cats are accepted by an animal
24shelter, they must be scanned for the presence of a microchip
25and examined for other currently-acceptable methods of

 

 

HB2824- 5 -LRB100 06285 SMS 16322 b

1identification, including, but not limited to, identification
2tags, tattoos, and rabies license tags. The examination for
3identification shall be done within 24 hours after the intake
4of each dog or cat. The animal shelter shall notify the owner
5and transfer any dog with an identified owner to the animal
6control or law enforcement agency in the jurisdiction in which
7it was found or the local animal control agency for redemption.
8    (b-5) If the dog or cat has been microchipped and the
9primary contact or owner refuses to reclaim the dog or cat, the
10animal shelter shall contact the pet shop operator or rescue
11organization identified on the microchip and request they claim
12the dog or cat. If the rescue or pet shop operator claims the
13dog or cat, it shall determine how best to find a new owner for
14the dog or cat.
15    (c) If no transfer can occur pursuant to subsection (b) or
16(b-5) of this Section, the animal shelter shall make every
17reasonable attempt to contact the owner, agent, or caretaker as
18soon as possible. The animal shelter shall give notice of not
19less than 7 business days to the owner, agent, or caretaker
20prior to disposal of the animal. The notice shall be mailed to
21the last known address of the owner, agent, or caretaker.
22Testimony of the animal shelter, or its authorized agent, who
23mails the notice shall be evidence of the receipt of the notice
24by the owner, agent, or caretaker of the animal. A mailed
25notice shall remain the primary means of owner, agent, or
26caretaker contact; however, the animal shelter shall also

 

 

HB2824- 6 -LRB100 06285 SMS 16322 b

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

 

 

HB2824- 7 -LRB100 06285 SMS 16322 b

1shall proceed pursuant to Section 3.7. Upon lapse of the hold
2period specified in local ordinance and no owner can be
3identified, ownership of the animal, by operation of law,
4transfers to the shelter that has custody of the animal.
5    (e) No representative of an animal shelter may enter
6private property and remove an animal without permission from
7the property owner and animal owner, nor can any representative
8of an animal shelter direct another individual to enter private
9property and remove an animal unless that individual is an
10approved humane investigator (approved by the Department)
11operating pursuant to the provisions of the Humane Care for
12Animals Act.
13    (f) Nothing in this Section limits an animal shelter and an
14animal control facility who, through mutual agreement, wish to
15enter into an agreement for animal control, boarding, holding,
16or other services provided that the agreement requires parties
17adhere to the provisions of the Animal Control Act, the Humane
18Euthanasia in Animal Shelters Act, and the Humane Care for
19Animals Act.
20(Source: P.A. 99-310, eff. 1-1-16.)
 
21    (225 ILCS 605/3.8 new)
22    Sec. 3.8. Sourcing of dogs and cats sold by pet shops, dog
23dealers, or cattery operators.
24    (a) A pet shop operator, dog dealer, or cattery operator
25may not obtain a dog or cat for resale or sell or offer for sale

 

 

HB2824- 8 -LRB100 06285 SMS 16322 b

1any dog or cat obtained from a person who is required to be
2licensed by the pet dealer regulations of the United States
3Department of Agriculture under the federal Animal Welfare Act
4(7 U.S.C. 2131 et seq.) if any of the following applies:
5        (1) The person is not currently licensed by the United
6    States Department of Agriculture under the federal Animal
7    Welfare Act.
8        (2) On the last inspection report, as posted on the
9    Animal Care Information System online search tool
10    maintained by the United States Department of Agriculture,
11    before obtaining the dog or cat the person commits a
12    critical non-compliant issue of any of the pet dealer
13    regulations of the United States Department of Agriculture
14    under the federal Animal Welfare Act.
15        (3) The person commits a direct non-compliant issue of
16    the pet dealer regulations of the United States Department
17    of Agriculture on the last inspection report posted on the
18    Animal Care Information System online search tool
19    maintained by the United States Department of Agriculture,
20    before obtaining the dog or cat, for violations relating to
21    the health or welfare of the animal and the violations were
22    not administrative in nature.
23    (b) A pet shop operator, dog dealer, or cattery operator is
24presumed to have acted in good faith and to have satisfied its
25obligation to ascertain whether a person meets the criteria
26described in subsection (a) of this Section if, when placing an

 

 

HB2824- 9 -LRB100 06285 SMS 16322 b

1order to obtain a dog or cat for sale or resale, the pet shop
2operator, dog dealer, or cattery operator conducts a search for
3inspection reports that are readily available of the breeder on
4the Animal Care Information System online search tool
5maintained by the United States Department of Agriculture. A
6pet shop operator, dog dealer, or cattery operator is in
7compliance with this Section if the United States Department of
8Agriculture website is unavailable through no fault of the pet
9shop operator, dog dealer, or cattery operator; however, the
10pet shop operator, dog dealer, or cattery operator shall obtain
11the most current inspection report as soon as it becomes
12available on the United States Department of Agriculture
13website.
14    (c) Notwithstanding subsections (a) and (b) of this
15Section, a pet shop operator, dog dealer, or cattery operator
16may obtain a dog or cat for resale or sell or offer for sale any
17dog or cat obtained from: (1) a person that sells dogs only he
18or she has produced and raised, (2) a publicly operated pound
19or a private non-profit humane society or rescue, or (3) an
20animal adoption event conducted by a pound or humane society.
21    (d) A pet shop operator, dog dealer, or cattery operator
22shall maintain records verifying its compliance with this
23Section for 2 years after obtaining the dog or cat to be sold
24or offered for sale. Records maintained pursuant to this
25subsection (d) shall be open to inspection on request by a
26Department of Agriculture inspector.

 

 

HB2824- 10 -LRB100 06285 SMS 16322 b

1    (e) It is recognized that the sourcing of dogs and cats
2into Illinois is a matter of statewide interest to protect the
3health and safety of both the animals and the citizens of
4Illinois. A home rule unit may not regulate the sourcing of
5dogs and cats sold by pet shop operators, dog dealers, or
6cattery operators. This Section is a denial and limitation of
7home rule powers and functions under subsection (h) of Section
86 of Article VII of the Illinois Constitution.
 
9    (225 ILCS 605/3.15)
10    Sec. 3.15. Disclosures for dogs and cats being sold by pet
11shops.
12    (a) Prior to the time of sale, every pet shop operator
13must, to the best of his or her knowledge, provide to the
14consumer the following information on any dog or cat being
15offered for sale:
16        (1) The retail price of the dog or cat, including any
17    additional fees or charges.
18        (2) The breed, age, date of birth, sex, and color of
19    the dog or cat.
20        (3) The date and description of any inoculation or
21    medical treatment that the dog or cat received while under
22    the possession of the pet shop operator.
23        (4) The name and business address of both the dog or
24    cat breeder and the facility where the dog or cat was born.
25    If the dog or cat breeder is located in the State, then the

 

 

HB2824- 11 -LRB100 06285 SMS 16322 b

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

 

 

HB2824- 12 -LRB100 06285 SMS 16322 b

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 this
9    disclosure was posted on or near the cage of the dog or cat
10    for sale and that I have read all of the disclosures. I
11    further understand that I am entitled to keep a signed copy
12    of this disclosure.".
13    (c) A copy of the disclosures and the signed
14acknowledgement of disclosures form shall be provided to the
15customer at the time of sale and the original copy shall be
16maintained by the pet shop operator for a period of 2 years
17from the date of sale. A copy of the pet store operator's
18policy regarding warranties, refunds, or returns shall be
19provided to the customer.
20    (d) A pet shop operator shall post in a conspicuous place
21in writing on or near the cage of any dog or cat available for
22sale the information required by subsection (a) of this Section
233.15.
24    (e) If there is an outbreak of distemper, parvovirus, or
25any other contagious and potentially life-threatening disease,
26the pet shop operator shall notify the Department immediately

 

 

HB2824- 13 -LRB100 06285 SMS 16322 b

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

 

 

HB2824- 14 -LRB100 06285 SMS 16322 b

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

 

 

HB2824- 15 -LRB100 06285 SMS 16322 b

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

 

 

HB2824- 16 -LRB100 06285 SMS 16322 b

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

 

 

HB2824- 17 -LRB100 06285 SMS 16322 b

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

 

 

HB2824- 18 -LRB100 06285 SMS 16322 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 be
10substantially 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. 98-509, eff. 1-1-14; 98-593, eff. 11-15-13.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.