HB4105 101ST GENERAL ASSEMBLY

LRB101 16758 SPS 66149 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4105

Introduced 1/16/2020, by Rep. Margo McDermed

SYNOPSIS AS INTRODUCED:

225 ILCS 605/2	from Ch. 8, par. 302
225 ILCS 605/2.2	from Ch. 8, par. 302.2
225 ILCS 605/3.6
225 ILCS 605/3.8
225 ILCS 605/3.10 new
225 ILCS 605/3.15
225 ILCS 605/21	from Ch. 8, par. 321
225 ILCS 605/22	from Ch. 8, par. 322

Amends the Animal Welfare Act. Defines "professional breeder". Provides that an animal shelter shall not accept a dog or cat from an owner, animal shelter, or out-of-state animal control facility unless it obtains documentation attesting the dog or cat was not obtained through compensation or payment made to a cat breeder, dog breeder, dog dealer, or dog broker. Provides that a pet shop operator or dog dealer shall submit records to the Department of Agriculture that attests that dogs offered for sale are not obtained from a puppy mill. Provides conditions dog breeders must satisfy relating to primary enclosures, breeding practices, veterinary care, socialization, retirement, and recordkeeping. Provides that dog dealers must comply with disclosure requirements when offering a dog or cat for sale. Increases fees for licenses issued under the Act.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Animal Welfare Act is amended by changing Sections 2, 2.2, 3.6, 3.8, 3.15, 21, and 22 and by adding Section 3.10 as follows:

(225 ILCS 605/2) (from Ch. 8, par. 302)

Sec. 2. Definitions. As used in this Act unless the context otherwise requires:

"Department" means the Illinois Department of Agriculture.

"Director" means the Director of the Illinois Department of Agriculture.

"Pet shop operator" means any person who sells, offers to sell, exchange, or offers for adoption with or without charge or donation dogs, cats, birds, fish, reptiles, or other animals customarily obtained as pets in this State. However, a person who sells only such animals that he has produced and raised shall not be considered a pet shop operator under this Act, and a veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 2004 shall not be considered a pet shop operator under this Act.

"Dog dealer" means any person who sells, offers to sell, exchange, or offers for adoption with or without charge or donation dogs in this State. However, a person who sells only dogs that he has produced and raised shall not be considered a dog dealer under this Act, and a veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 2004 shall not be considered a dog dealer under this Act.

"Secretary of Agriculture" or "Secretary" means the Secretary of Agriculture of the United States Department of Agriculture.

"Person" means any person, firm, corporation, partnership, association or other legal entity, any public or private institution, the State of Illinois, or any municipal corporation or political subdivision of the State.

"Kennel operator" means any person who operates an establishment, other than an animal control facility, veterinary hospital, or animal shelter, where dogs or dogs and cats are maintained for boarding, training or similar purposes for a fee or compensation.

"Boarding" means a time frame greater than 12 hours or an overnight period during which an animal is kept by a kennel operator.

"Cat breeder" means a person who sells, offers to sell, exchanges, or offers for adoption with or without charge cats that he or she has produced and raised. A person who owns, has possession of, or harbors 5 or less females capable of reproduction shall not be considered a cat breeder.

"Dog breeder" means a person who sells, offers to sell, exchanges, or offers for adoption with or without charge dogs that he has produced and raised. A person who owns, has possession of, or harbors 5 or less females capable of reproduction shall not be considered a dog breeder.

"Animal control facility" means any facility operated by or under contract for the State, county, or any municipal corporation or political subdivision of the State for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted dogs, cats, and other animals. "Animal control facility" also means any veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 2004 which operates for the above mentioned purpose in addition to its customary purposes.

"Animal shelter" means a facility operated, owned, or maintained by a duly incorporated humane society, animal welfare society, or other non-profit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals. An organization that does not have its own building that maintains animals solely in foster homes or other licensees is an "animal shelter" for purposes of this Act. "Animal shelter" also means any veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 2004 which operates for the above mentioned purpose in addition to its customary purposes.

"Day care operator" means a person who operates an establishment, other than an animal control facility, veterinary hospital, or animal shelter, where dogs or dogs and cats are kept for a period of time not exceeding 12 hours.

"Foster home" means an entity that accepts the responsibility for stewardship of animals that are the obligation of an animal shelter or animal control facility, not to exceed 4 foster animals or 2 litters under 8 weeks of age at any given time. A written agreement to operate as a "foster home" shall be contracted with the animal shelter or animal control facility.

"Guard dog service" means an entity that, for a fee, furnishes or leases guard or sentry dogs for the protection of life or property. A person is not a guard dog service solely because he or she owns a dog and uses it to guard his or her home, business, or farmland.

"Guard dog" means a type of dog used primarily for the purpose of defending, patrolling, or protecting property or life at a commercial establishment other than a farm. "Guard dog" does not include stock dogs used primarily for handling and controlling livestock or farm animals, nor does it include personally owned pets that also provide security.

"Return" in return to field or trap, neuter, return program means to return the cat to field after it has been sterilized and vaccinated for rabies.

"Sentry dog" means a dog trained to work without supervision in a fenced facility other than a farm, and to deter or detain unauthorized persons found within the facility.

"Probationary status" means the 12-month period following a series of violations of this Act during which any further violation shall result in an automatic 12-month suspension of licensure.

"Owner" means any person having a right of property in an animal, who keeps or harbors an animal, who has an animal in his or her care or acts as its custodian, or who knowingly permits a dog to remain on any premises occupied by him or her. "Owner" does not include a feral cat caretaker participating in a trap, spay/neuter, vaccinate for rabies, and return program.

"Professional breeder" means a legal entity or individual that owns, has possession of, or houses more than 5 breeding female dogs, is required to be licensed and regulated under the federal Animal Welfare Act by the United States Department of Agriculture, and, in return for a fee or consideration, sells or adopts the offspring of the breeding dogs to the public, a pet store, or a tax-exempt rescue organization.

(Source: P.A. 100-842, eff. 1-1-19; 100-870, eff. 1-1-19; 101-81, eff. 7-12-19; 101-295, eff. 8-9-19.)

(225 ILCS 605/2.2) (from Ch. 8, par. 302.2)

Sec. 2.2. No dog dealer, dog breeder, or cat breeder, or animal shelter shall separate a puppy or kitten from its mother, for the purpose of sale or adoption, until such puppy or kitten has attained the age of 8 weeks.

All licensees under this Act shall maintain records of the origin and sale of all dogs, and such records shall be made available for inspection by the Secretary or the Department upon demand. Such records must contain proof in proper form of purebreds and their pedigree, and evidence of such proof must be provided to any person acquiring a dog from a licensee under this Act. In addition, guard dog services shall be required to maintain records of transfer of ownership, death, or disappearance of a guard dog or sentry dog used by that guard dog service.

(Source: P.A. 100-842, eff. 1-1-19.)

(225 ILCS 605/3.6)

Sec. 3.6. Acceptance of stray dogs and cats.

(a) No animal shelter may accept a stray dog or cat unless the animal is reported by the shelter to the animal control or law enforcement of the county in which the animal is found by the next business day. An animal shelter may accept animals from: (1) the owner of the animal where the owner signs a relinquishment form which states he or she is the owner of the animal; (2) an animal shelter licensed under this Act; or (3) an out-of-state animal control facility, rescue group, or animal shelter that is duly licensed in their state or is a not-for-profit organization. An animal shelter shall not accept a dog or cat from an organization described in item (2) or (3) of this subsection unless it obtains documentation attesting that the dog or cat was not obtained through compensation or payment made to a cat breeder, dog breeder, dog dealer, or dog broker.

(b) When stray dogs and cats are accepted by an animal shelter, they must be scanned for the presence of a microchip and examined for other currently-acceptable methods of identification, including, but not limited to, identification tags, tattoos, and rabies license tags. The examination for identification shall be done within 24 hours after the intake of each dog or cat. The animal shelter shall notify the owner and transfer any dog with an identified owner to the animal control or law enforcement agency in the jurisdiction in which it was found or the local animal control agency for redemption.

(c) If no transfer can occur, the animal shelter shall make every reasonable attempt to contact the owner, agent, or caretaker as soon as possible. The animal shelter shall give notice of not less than 7 business days to the owner, agent, or caretaker prior to disposal of the animal. The notice shall be mailed to the last known address of the owner, agent, or caretaker. Testimony of the animal shelter, or its authorized agent, who mails the notice shall be evidence of the receipt of the notice by the owner, agent, or caretaker of the animal. A mailed notice shall remain the primary means of owner, agent, or caretaker contact; however, the animal shelter shall also attempt to contact the owner, agent, or caretaker by any other contact information, such as by telephone or email address, provided by the microchip or other method of identification found on the dog or cat. If the dog or cat has been microchipped and the primary contact listed by the chip manufacturer cannot be located or refuses to reclaim the dog or cat, an attempt shall be made to contact any secondary contacts listed by the chip manufacturer or the purchaser of the microchip if the purchaser is a nonprofit organization, animal shelter, animal control facility, pet store, breeder, or veterinary office prior to adoption, transfer, or euthanization. Prior to transferring any stray dog or cat to another humane shelter, pet store, rescue group, or euthanization, the dog or cat shall be scanned again for the presence of a microchip and examined for other means of identification. If a second scan provides the same identifying information as the initial intake scan and the owner, agent, or caretaker has not been located or refuses to reclaim the dog or cat, the animal shelter may proceed with adoption, transfer, or euthanization.

(d) When stray dogs and cats are accepted by an animal shelter and no owner can be identified, the shelter shall hold the animal for the period specified in local ordinance prior to adoption, transfer, or euthanasia. The animal shelter shall allow access to the public to view the animals housed there. If a dog is identified by an owner who desires to make redemption of it, the dog shall be transferred to the local animal control for redemption. If no transfer can occur, the animal shelter shall proceed pursuant to Section 3.7. Upon lapse of the hold period specified in local ordinance and no owner can be identified, ownership of the animal, by operation of law, transfers to the shelter that has custody of the animal.

(e) No representative of an animal shelter may enter private property and remove an animal without permission from the property owner and animal owner, nor can any representative of an animal shelter direct another individual to enter private property and remove an animal unless that individual is an approved humane investigator (approved by the Department) operating pursuant to the provisions of the Humane Care for Animals Act.

(f) Nothing in this Section limits an animal shelter and an animal control facility who, through mutual agreement, wish to enter into an agreement for animal control, boarding, holding, measures to improve life-saving, or other services provided that the agreement requires parties adhere to the provisions of the Animal Control Act, the Humane Euthanasia in Animal Shelters Act, and the Humane Care for Animals Act.

(g) An animal shelter shall not obtain a dog or cat by any means other than owner surrender, transfer from an animal control facility, an order by law enforcement, a court order, or an animal shelter in compliance with subsection (a) of this Section.

(Source: P.A. 99-310, eff. 1-1-16; 100-322, eff. 8-24-17; 100-870, eff. 1-1-19.)

(225 ILCS 605/3.8)

Sec. 3.8. Sourcing of dogs and cats sold by pet shops or dog dealers.

(a) A pet shop operator or dog dealer may not obtain a dog or cat for resale or sell or offer for sale any dog or cat obtained from a professional breeder person who is required to be licensed by the pet dealer regulations of the United States Department of Agriculture under the federal Animal Welfare Act (7 U.S.C. 2131 et seq.) if any of the following applies to the original breeder:

(1) The person is not currently licensed by the United States Department of Agriculture under the federal Animal Welfare Act.

(2) During the 2-year period before the day the dog or cat is received by the pet shop, the person received a direct or critical non-compliant citation on a final inspection report from the United States Department of Agriculture under the federal Animal Welfare Act.

(3) During the 2-year period before the day the dog or cat is received by the pet shop, the person received 3 or more non-compliant citations on a final inspection report from the United States Department of Agriculture for violations relating to the health or welfare of the animal and the violations were not administrative in nature.

(4) The person received a no-access violation on each of the 3 most recent final inspection reports from the United States Department of Agriculture.

(b) A pet shop operator is presumed to have acted in good faith and to have satisfied its obligation to ascertain whether a person meets the criteria described in subsection (a) of this Section if, when placing an order to obtain a dog or cat for sale or resale, the pet shop operator conducts a search for inspection reports that are readily available of the breeder on the Animal Care Information System online search tool maintained by the United States Department of Agriculture. If inspection reports are not readily available on the United States Department of Agriculture website, the pet shop operator must obtain the inspection reports from the person or persons required to meet the criteria described in subsection (a) of this Section.

(c) In addition to the sourcing requirements in subsection (a) of this Section, a pet shop operator or dog dealer shall also submit records to the Department that attest that dogs offered for sale are not obtained from a puppy mill. As used in this Section, "puppy mill" means a breeder operation that sells dogs for money and fails to adhere to the requirements of this Section regarding primary enclosures, breeding practices, veterinary care, socialization, retirement, and recordkeeping. The standard of failure by a professional breeder shall be that, upon inspection by either the government agency with jurisdiction in the home state the breeder operates in, or, if the government agency with jurisdiction authorizes the use of third party certification of inspections: (1) a licensed veterinarian in good standing in the state in which the professional breeder is located, (2) the state breeder association within the state in which the breeder is located, or (3) at the request of a breeder or pet store, an independent inspection by an ISO 9001 audit firm, any 2 of the following conditions are not met:

(A) Primary enclosures.

(i) The primary enclosures are at least 2 times the currently mandated United States Department of Agriculture enclosure size as of December 31, 2019.

(ii) The primary enclosures have solid or slatted floors and may consist of coated or expanded metal flooring. The mandatory minimum space required for primary enclosures in professional breeding facilities shall have solid floors or flooring that is slatted with slats that are at least 3.5 inches in width with no more than half-inch gaps between slats. Flooring shall be constructed in a manner that protects the dogs' feet and legs from injury and that will not allow the dogs' feet to pass through any openings in the floor.

(iii) The primary enclosures consist of materials that can be cleaned and sanitized, are safe for the breed, size, and age of the dog, are free from protruding sharp edges, and are designed so that the paw of the dog is unable to extend through or become caught in the flooring.

(iv) If the flooring surface of the primary enclosure consists of a material that is not solid, the primary enclosure has a solid resting area that can accommodate the full length of the dog while lying down.

(v) The flooring of the primary enclosure does not sag, bend, or bounce.

(vi) The primary enclosures are not stacked on top of one another.

(vii) The indoor temperatures of the primary enclosures do not exceed below 45 degrees Fahrenheit or above 85 degrees Fahrenheit for more than 2 hours, unless a variation is recommended in consultation with a licensed veterinarian.

(B) Breeding practices and veterinary care.

(i) A breeding female shall receive an examination by a licensed veterinarian prior to its first breeding cycle to ensure the female is healthy enough to be bred.

(ii) Annual veterinarian exams shall include, but are not limited to: (I) a hands-on examination by a veterinarian, including a comprehensive physical examination, dental assessment, body condition scoring, and pain assessment, at least once a year to ensure health problems are identified and treated; (II) an assessment that a breeding female has received adequate rest between litters to allow for proper physical recovery and remains healthy enough to be bred prior to its next breeding cycle; and (III) regular fur grooming and nail trimming as needed for the safety and comfort of the dog based on that dog's breed or at least twice a year.

(iii) Canine cesarean sections and euthanasia are to be performed only by licensed veterinarians.

(iv) Retention of veterinarian records detailing the program of care to ensure professional breeding facilities provide the necessary care routinely prescribed to companion animals.

(v) Unless otherwise directed by a veterinarian, the dog is provided, twice each day, food that is sufficient to maintain body condition and weight as directed by a veterinarian; the food shall be unspoiled and uncontaminated, provided in accordance with a nutritional plan recommended by a veterinarian, and served in receptacles that are clean and sanitary.

(vi) Each day, the dog is provided access to a continuous supply of potable water that is in clean and sanitary receptacles and is of sufficient quality and quantity to ensure maintenance of normal body condition and growth unless otherwise directed by a veterinarian.

(vii) The breeder shall comply with a vaccination and parasite control program that is approved by a veterinarian and that is consistent with recommendations of the American Veterinary Medical Association or the American Animal Hospital Association.

(C) Socialization.

(i) All adult dogs in professional breeding facilities have either constant, unfettered access or supervised daily access to an exercise area of sufficient size to ensure proper physical development, health, and socialization. Socialization includes, but is not limited to, daily petting, stroking, grooming, feeding, playing with, exercising, or other touching of the dog that is beneficial to the well-being of the dog.

(ii) The exercise area should, at a minimum, be at least twice the amount of space required for the primary enclosure. The exercise area may be indoors or outdoors.

(iii) The exercise and socialization program must be approved and certified by a licensed veterinarian.

(D) Retirement. If a dog is no longer to be bred or a veterinarian determines the dog is no longer healthy enough to be bred, the breeder shall retire the animal. If the breeder chooses not to keep the dog, the breeder must make all reasonable efforts to find placement with an adoptive family, rescue organization, or other appropriate owner for that animal.

(E) Recordkeeping.

(i) A professional breeder shall maintain all veterinarian and animal care records for each animal for 2 years after ceasing to own the animal.

(ii) A professional breeder shall maintain all certified audit records for 2 years.

(iii) A professional breeder shall provide a copy of all veterinarian records, audit records, and inspection reports upon the sale of any animal.

(iv) A pet store operator shall make available copies of all veterinarian records, audit records, and inspection reports of any animal.

(v) A pet store operator shall file all inspection reports and audit records via mail, facsimile, or electronic mail with the Department.

(d) (c) Notwithstanding subsections (a), and (b), and (c) of this Section, a pet shop operator may obtain a dog or cat for resale or sell or offer for sale any dog or cat obtained from: (1) a person that sells dogs only he or she has produced and raised and who is not required to be licensed by the United States Department of Agriculture, (2) a publicly operated pound or a private non-profit humane society, animal shelter, or rescue, or (3) an animal adoption event conducted by a pound or humane society.

(e) (d) A pet shop operator or dog dealer shall maintain records verifying its compliance with this Section for 2 years after obtaining the dog or cat to be sold or offered for sale. Records maintained pursuant to this subsection (d) shall be open to inspection on request by a Department of Agriculture inspector.

(Source: P.A. 100-322, eff. 8-24-17.)

(225 ILCS 605/3.10 new)

Sec. 3.10. Limitations. Nothing in this Act shall be held to limit in any manner the power of any municipality or other political subdivision to regulate the zoning, operation, or permitting of pet stores, dog dealers, or animal shelters, provided that no regulation, policy, or ordinance is specific to the sourcing of animals to be sold or adopted.

(225 ILCS 605/3.15)

Sec. 3.15. Disclosures for dogs and cats being sold by pet shops or dog dealers.

(a) Prior to the time of sale, every pet shop operator or dog dealer must, to the best of his or her knowledge, provide to the consumer the following information on any dog or cat being offered for sale:

(1) The retail price of the dog or cat, including any additional fees or charges.

(2) The breed, age, date of birth, sex, and color of the dog or cat.

(3) The date and description of any inoculation or medical treatment that the dog or cat received while under the possession of the pet shop operator.

(4) The name and business address of both the dog or cat breeder and the facility where the dog or cat was born. If the dog or cat breeder is located in the State, then the breeder's license number. If the dog or cat breeder also holds a license issued by the United States Department of Agriculture, the breeder's federal license number.

(5) (Blank).

(6) If eligible for registration with a pedigree registry, then the name and registration numbers of the sire and dam and the address of the pedigree registry where the sire and dam are registered.

(7) If the dog or cat was returned by a customer, then the date and reason for the return.

(8) A copy of the pet shop's policy regarding warranties, refunds, or returns and an explanation of the remedy under subsections (f) through (m) of this Section in addition to any other remedies available at law.

(9) The pet shop operator's or dog dealer's license number issued by the Illinois Department of Agriculture.

(10) Disclosure that the dog or cat has been microchipped and the microchip has been enrolled in a nationally searchable database. Pet stores must also disclose that the purchaser has the option to list the pet store as a secondary contact on the microchip.

(a-5) All dogs and cats shall be microchipped by a pet shop operator prior to sale.

(b) The information required in subsection (a) shall be provided to the customer in written form by the pet shop operator or dog dealer and shall have an acknowledgement of disclosures form, which must be signed by the customer and the pet shop operator or dog dealer at the time of sale. The acknowledgement of disclosures form shall include the following:

(1) A blank space for the dated signature and printed name of the pet shop operator or dog dealer, which shall be immediately beneath the following statement: "I hereby attest that all of the above information is true and correct to the best of my knowledge.".

(2) A blank space for the customer to sign and print his or her name and the date, which shall be immediately beneath the following statement: "I hereby attest that this disclosure was posted on or near the cage of the dog or cat for sale and that I have read all of the disclosures. I further understand that I am entitled to keep a signed copy of this disclosure.".

(c) A copy of the disclosures and the signed acknowledgement of disclosures form shall be provided to the customer at the time of sale and the original copy shall be maintained by the pet shop operator or dog dealer for a period of 2 years from the date of sale. A copy of the pet store operator's policy regarding warranties, refunds, or returns shall be provided to the customer.

(d) A pet shop operator shall post in a conspicuous place in writing on or near the cage of any dog or cat available for sale the information required by subsection (a) of this Section 3.15.

(e) If there is an outbreak of distemper, parvovirus, or any other contagious and potentially life-threatening disease, the pet shop operator shall notify the Department immediately upon becoming aware of the disease. If the Department issues a quarantine, the pet shop operator shall notify, in writing and within 2 business days of the quarantine, each customer who purchased a dog or cat during the 2-week period prior to the outbreak and quarantine.

(f) A customer who purchased a dog or cat from a pet shop or a dog dealer, or adopted a dog or cat from an animal shelter and the animal shelter did not fully disclose all health information of the animal to the customer prior to adoption, is entitled to a remedy under this Section if:

(1) within 21 days after the date of sale, a licensed veterinarian states in writing that at the time of sale (A) the dog or cat was unfit for purchase due to illness or disease, the presence of symptoms of a contagious or infectious disease, or obvious signs of severe parasitism that are extreme enough to influence the general health of the animal, excluding fleas or ticks, or (B) the dog or cat has died from a disease that existed in the dog or cat on or before the date of delivery to the customer; or

(2) within one year after the date of sale, a licensed veterinarian states in writing that the dog or cat possesses a congenital or hereditary condition that adversely affects the health of the dog or cat or requires either hospitalization or a non-elective surgical procedure or has died of a congenital or hereditary condition. Internal or external parasites may not be considered to adversely affect the health of the dog unless the presence of the parasites makes the dog or cat clinically ill. The veterinarian's statement shall include:

(A) the customer's name and address;

(B) a statement that the veterinarian examined the dog or cat;

(C) the date or dates that the dog or cat was examined;

(D) the breed and age of the dog or cat, if known;

(E) a statement that the dog or cat has or had a disease, illness, or congenital or hereditary condition that is subject to remedy; and

(F) the findings of the examination or necropsy, including any lab results or copies of the results.

(g) A customer entitled to a remedy under subsection (f) of this Section may:

(1) return the dog or cat to the pet shop for a full refund of the purchase price;

(2) exchange the dog or cat for another dog or cat of comparable value chosen by the customer;

(3) retain the dog or cat and be reimbursed for reasonable veterinary fees for diagnosis and treatment of the dog or cat, not to exceed the purchase price of the dog or cat; or

(4) if the dog or cat is deceased, be reimbursed for the full purchase price of the dog or cat plus reasonable veterinary fees associated with the diagnosis and treatment of the dog or cat, not to exceed one times the purchase price of the dog or cat.

For the purposes of this Section subsection (g), veterinary fees shall be considered reasonable if (i) the services provided are appropriate for the diagnosis and treatment of the disease, illness, or congenital or hereditary condition and (ii) the cost of the services is comparable to that charged for similar services by other licensed veterinarians located in close proximity to the treating veterinarian.

(h) Unless the pet shop, dog dealer, or animal shelter contests a reimbursement required under subsection (g) of this Section, the reimbursement shall be made to the customer no later than 10 business days after the pet shop operator, dog dealer, or animal shelter receives the veterinarian's statement under subsection (f) of this Section.

(i) To obtain a remedy under this Section, a customer shall:

(1) notify the pet shop, dog dealer, or animal shelter as soon as reasonably possible and not to exceed 3 business days after a diagnosis by a licensed veterinarian of a disease, illness, or congenital or hereditary condition of the dog or cat for which the customer is seeking a remedy;

(2) provide to the pet shop, dog dealer, or animal shelter a written statement provided for under subsection (f) of this Section by a licensed veterinarian within 5 business days after a diagnosis by the veterinarian;

(3) upon request of the pet shop, dog dealer, or animal shelter, take the dog or cat for an examination by a second licensed veterinarian; the customer may either choose the second licensed veterinarian or allow the pet shop, dog dealer, or animal shelter to choose the second veterinarian, if the pet shop, dog dealer, or animal shelter agrees to do so. The party choosing the second veterinarian shall assume the cost of the resulting examination; and

(4) if the customer requests a reimbursement of veterinary fees, provide to the pet shop, dog dealer, or animal shelter an itemized bill for the disease, illness, or congenital or hereditary condition of the dog or cat for which the customer is seeking a remedy.

(j) A customer is not entitled to a remedy under this Section if:

(1) the illness or death resulted from: (A) maltreatment or neglect by the customer; (B) an injury sustained after the delivery of the dog or cat to the customer; or (C) an illness or disease contracted after the delivery of the dog or cat to the customer;

(2) the customer does not carry out the recommended treatment prescribed by the veterinarian who made the diagnosis; or

(3) the customer does not return to the pet shop all documents provided to register the dog or cat, unless the documents have already been sent to the registry organization.

(k) A pet shop, dog dealer, or animal shelter may contest a remedy under this Section by having the dog or cat examined by a second licensed veterinarian pursuant to paragraph (3) of subsection (i) of this Section if the dog or cat is still living. If the dog or cat is deceased, the pet shop may choose to have the second veterinarian review any records provided by the veterinarian who examined or treated the dog or cat for the customer before its death.

If the customer and the pet shop, dog dealer, or animal shelter have not reached an agreement within 10 business days after the examination of the medical records and the dog or cat, if alive, or the dog's or cat's medical records, if deceased, by the second veterinarian, then:

(1) the customer may bring suit in a court of competent jurisdiction to resolve the dispute; or

(2) if the customer and the pet shop, dog dealer, or animal shelter agree in writing, the parties may submit the dispute to binding arbitration.

If the court or arbiter finds that either party acted in bad faith in seeking or denying the requested remedy, then the offending party may be required to pay reasonable attorney's fees and court costs of the adverse party.

(l) (Blank). This Section shall not apply to any adoption of dogs or cats, including those in which a pet shop or other organization rents or donates space to facilitate the adoption.

(m) If a pet shop or dog dealer offers its own warranty on a pet, a customer may choose to waive the remedies provided under subsection (f) of this Section in favor of choosing the warranty provided by the pet shop or dog dealer. If a customer waives the rights provided by subsection (f), the only remedies available to the customer are those provided by the pet shop's warranty offered by the pet store or dog dealer and accepted by the customer. For the statement to be an effective waiver of the customer's right to refund or exchange the animal under subsection (f), the pet shop or dog dealer must provide, in writing, a statement of the remedy under subsection (f) that the customer is waiving as well as a written copy of the offered and accepted pet shop's warranty. For the statement to be an effective waiver of the customer's right to refund or exchange the animal under subsection (f), it shall be substantially similar to the following language:

"I have agreed to accept the warranty provided by the pet shop or dog dealer in lieu of the remedies under subsection (f) of Section 3.15 of the Illinois Animal Welfare Act. I have received a copy of the pet shop's warranty and a statement of the remedies provided under subsection (f) of Section 3.15 of the Illinois Animal Welfare Act. This is a waiver pursuant to subsection (m) of Section 3.15 of the Illinois Animal Welfare Act whereby I, the customer, relinquish any and all right to return the animal for congenital and hereditary disorders provided by subsection (f) of Section 3.15 of the Illinois Animal Welfare Act. I agree that my exclusive remedy is the warranty provided by the pet shop or dog dealer at the time of sale.".

(Source: P.A. 100-322, eff. 8-24-17.)

(225 ILCS 605/21) (from Ch. 8, par. 321)

Sec. 21. The following fees shall accompany each application for a license, which fees shall not be returnable:

a. for an original license to an individual .$500 $350

b. for an original license to a partnership,

animal shelter, or animal control

facility or corporation ................ $350

c. for an annual renewal license ............$250 $100

d. for each branch office license ...........$250 $100

e. for the renewal of any license not renewed by

July 1 of the year ..................... $400

f. (blank)

g. (blank)

(Source: P.A. 101-295, eff. 8-9-19; revised 12-9-19.)

(225 ILCS 605/22) (from Ch. 8, par. 322)

Sec. 22. All fees and other money received by the Department under this Act shall be paid into the General Revenue Fund in the State Treasury and shall be appropriated to the Department for the administration and enforcement of this Act.

(Source: Laws 1965, p. 2956.)