HB0203 95TH GENERAL ASSEMBLY

LRB095 03982 CMK 24015 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0203

Introduced 1/19/2007, by Rep. Paul D. Froehlich

SYNOPSIS AS INTRODUCED:

New Act

Creates the Retail Sale of Dogs and Cats Act. Imposes various requirements on pet dealers who sell dogs or cats. Provides that an animal must be examined by a licensed veterinarian before being placed with other animals by a pet dealer. Provides that a pet dealer must give the purchaser of a dog or cat a written statement containing certain information about the animal purchased and maintain a record of that information. Requires certain standards of care for animals. Imposes civil monetary penalties on a pet dealer for violations. Provides remedies for a purchaser if an animal becomes ill or dies as a result of an illness that existed in the animal at the time of purchase. Sets out a notice of an animal purchaser's rights, and requires that notice to be given to each purchaser of an animal from a pet dealer. Provides penalties for pet dealers who sell diseased or ill animals. Effective January 1, 2008.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning business transactions.

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

Section 1. Short title. This Act may be cited as the Retail Sale of Dogs and Cats Act.

Section 5. Definitions. As used in this Act:

"Animal" means a dog or cat.

"Cat" means any live or dead cat (Felis catus) or any cat-hybrid cross.

"Dog" means any live or dead dog (Canis familiaris) or any dog-hybrid cross.

"Person" means any individual, corporation, partnership, association, municipality, or other legal entity.

"Clinically ill" means having an illness that is apparent to a veterinarian based on observation, examination, or testing of an animal, or upon review of the medical records relating to an animal.

"Department" means the Department of Agriculture.

"Pet dealer" means any person, pet-shop operator, dog dealer, kennel operator, or cattery operator as defined in Section 2 of the Animal Welfare Act. For the purposes of this Act, "pet dealer" includes breeders who sell animals, except that a breeder who sells directly to the consumer fewer than 25 animals per year that are born and raised on the breeder's residential premises shall not be considered a pet dealer as a result of the sale of those animals. The term does not include animal shelters licensed under the Animal Welfare Act or duly incorporated humane societies dedicated to the care of unwanted animals that make those animals available for adoption, whether or not a fee is charged for the adoption.

"Nonelective surgical procedure" means, with respect to an animal, a surgical procedure that is necessary to preserve or restore the health of an animal, to prevent the animal from experiencing pain or discomfort, or to correct a condition that would interfere with an animal's ability to walk, run, jump, or otherwise function in a normal manner.

"Purchaser" means a person who purchases an animal from a pet dealer without the intent to resell the animal.

Section 10. Examination for sickness. Before being placed with other animals, an animal received by a pet dealer must be examined for sickness by a licensed veterinarian and tested for brucellosis. An animal found to be afflicted with a contagious disease must be kept caged separately from healthy animals and receive veterinary treatment. All animals must be inoculated as required by State or local law. Veterinary care appropriate to the species must be provided without undue delay when necessary. Each animal must be observed each day by the pet dealer or by a person working under the pet dealer's supervision.

Section 15. Written statement by pet dealer.

(a) A pet dealer must deliver to the purchaser of an animal, at the time of sale, a written statement in a standardized form prescribed by the Department containing the following information:

(1) The breeder's and broker's names and addresses if known, or, if not known, the source of the animal. If the person from whom the animal was obtained is a dealer licensed by the United States Department of Agriculture, the statement shall include the person's name, address, and federal dealer identification number.

(2) The date of the animal's birth and the date and location where the dealer received the animal. If the animal is not advertised or sold as purebred, registered, or registrable, the date of birth may be approximated if not known by the dealer.

(3) The breed, sex, color, and identifying marks at the time of sale, if any. If the animal is from a source licensed by the United States Department of Agriculture, the statement must include the individual identifying tag, tattoo, or collar number for that animal. If the breed is unknown or mixed, the record must so indicate.

(4) If a dog is being sold as being capable of registration, the names and registration numbers of the sire and dam, and the litter number if known.

(5) A record of the immunization and worming treatments, if any, administered to the animal before the time of sale, including the dates of administration and the type of vaccine or worming treatment.

(6) A record of any known disease or sickness with which the animal is afflicted at the time of sale.

(7) A record of any veterinary treatment or medication received by the animal while in possession of the pet dealer or breeder and either of the following:

(A) A statement, signed by the pet dealer at the time of sale, that (i) the animal has no known disease or illness and (ii) the animal has no known congenital or hereditary condition that adversely affects the health of the animal at the time of sale or that is likely to adversely affect the health of the animal in the future.

(B) A record of any known congenital or hereditary condition, disease, or illness that adversely affects the health of the animal at the time of sale or is likely to adversely affect the health of the animal in the future, along with a statement signed by a licensed veterinarian that authorizes the sale of the animal, recommends necessary treatment, if any, and verifies that the condition, disease, or illness does not require hospitalization or nonelective surgical procedures and is not likely to require hospitalization or nonelective surgical procedures in the future. A veterinarian's statement is not required for intestinal or external parasites unless their presence makes the animal clinically ill or is likely to make the animal clinically ill. The statement shall be valid for 7 business days following examination of the animal by the veterinarian.

(b) The pet dealer must also orally disclose to the purchaser all medical information required to be disclosed in the written statement under subsection (a).

(c) A written statement under subsection (a) must be signed by both the pet dealer, certifying the accuracy of the statement, and the purchaser of the animal, acknowledging receipt of the statement.

(d) A pet dealer is responsible for disclosure of a disease, illness, or congenital or hereditary condition that adversely affects the health of an animal at the time of sale or is likely to adversely affect the health of the animal in the future if the disease, illness, or condition is apparent at the time of sale or should have been known by the pet dealer from the history of veterinary treatment disclosed under this Section.

Section 20. Pet dealer's records. A pet dealer must maintain a written record on the health and disposition of an animal for a period of not less than one year after disposition of the animal. The record must also contain all of the information required to be disclosed under this Act. The record must be available for inspection during normal business hours to Department investigators and approved humane investigators (as those terms are defined in the Humane Care for Animals Act), administrators, deputy administrators, and animal control wardens (as those terms are defined in the Animal Control Act), authorized Department employees, and law enforcement officers. On or before January 10 of each year, every pet dealer must report to the Department the numbers of dogs and cats sold by the dealer or euthanized, and each animal's origin and disposition.

Section 25. Violation, penalty. Except as otherwise specified in this Act, a person violating any provision of this Act other than Section 30 is subject to a civil penalty of not more than $1,000 per violation. An action to enforce collection of the penalty may be prosecuted in the name of the People of the State of Illinois by the State's Attorney for the county where the violation is alleged to have occurred.

Section 30. Unlawful acts.

(a) It is unlawful for a pet dealer to fail to do any of the following:

(1) Maintain facilities where animals are kept in a sanitary condition.

(2) Provide animals with adequate nutrition and potable water.

(3) Provide adequate space appropriate to the age, size, weight, and breed of animal. "Adequate space" means sufficient space for the animal to stand up, sit down, and turn about freely using normal body movements without the head touching the top of the crate in which the animal is kept, and to lie in a natural position with legs outstretched.

(4) Provide animals housed on wire flooring with a rest board, floor mat, or similar device that can be maintained in a sanitary condition.

(5) Provide dogs with adequate socialization and exercise. "Socialization" means physical contact with other dogs or with human beings.

(6) Wash hands before and after handling each infectious or contagious animal.

(7) Provide cats with a litter box and scratching post.

(8) Maintain either of the following:

(A) A fire-alarm system that is connected to a central reporting station that alerts the local fire department in case of fire.

(B) A fire-suppression sprinkler system.

(9) Provide veterinary care without delay when necessary.

(b) A pet dealer may not possess an animal that is less than 8 weeks old.

Section 35. Ill or diseased animals; remedies.

(a) If (i) a veterinarian licensed in this State states in writing that, within 14 days after the purchaser took physical possession of an animal sold to the purchaser by a pet dealer, the animal has become ill due to any illness that existed in the animal on or before delivery of the animal to the purchaser, or (ii) within one year after the purchaser took physical possession of an animal sold to the purchaser by a pet dealer, a veterinarian licensed in this State states in writing that the animal has a congenital or hereditary condition that adversely affects the health of the animal or that requires, or is likely in the future to require, hospitalization or nonelective surgical procedures, then the animal shall be considered unfit for sale, and the pet dealer must provide the purchaser with any one of the following remedies that the purchaser elects:

(1) The purchaser may return the animal to the pet dealer for a refund of the purchase price, including sales tax, paid by the purchaser, and also receive reimbursement for reasonable veterinary fees for the diagnosis and treatment of the animal in an amount not to exceed the original purchase price of the animal, including sales tax, paid by the purchaser.

(2) The purchaser may exchange the animal for an animal of the purchaser's choice of equivalent value if a replacement animal is available, and may also receive reimbursement for reasonable veterinary fees for diagnosis and treatment of the animal in an amount not to exceed the original purchase price of the animal, including sales tax, paid by the purchaser.

(3) The purchaser may retain the animal and receive reimbursement for reasonable veterinary fees for diagnosis and treatment of the animal in an amount not to exceed 150% of the original purchase price of the animal, including sales tax, paid by the purchaser.

(b) If an animal purchased from a pet dealer has died, regardless of the date of the death of the animal, the purchaser may obtain a refund for the purchase price of the animal, including sales tax, paid by the purchaser or a replacement animal of equivalent value of the purchaser's choice, and may receive reimbursement for reasonable veterinary fees for diagnosis and treatment of the animal in an amount not to exceed the original purchase price of the animal, including sales tax, paid by the purchaser if either of the following conditions exist:

(1) A veterinarian licensed in this State states in writing that the animal has died due to an illness or disease that existed in the animal on or before delivery of the animal to the purchaser.

(2) A veterinarian licensed in this State states in writing that the animal has died due to a congenital or hereditary condition that was diagnosed by the veterinarian within one year after the purchaser obtained physical possession of the animal from the pet dealer.

(c) A finding by a veterinarian of intestinal or external parasites is not grounds for declaring an animal unfit for sale unless their presence makes the animal clinically ill or is likely to make the animal clinically ill.

(d) The value of veterinary services shall be deemed reasonable if the services rendered are appropriate for the diagnosis and treatment of illness or a congenital or hereditary condition by the veterinarian and the value of similar services is comparable to the value of similar services rendered by other licensed veterinarians in the same geographical area.

Section 40. Purchaser's entitlement to remedies. To be entitled to a remedy under Section 35, a purchaser must substantially comply with all of the following requirements:

(1) The purchaser must notify the pet dealer as soon as possible, but not more than 14 business days after the diagnosis by a veterinarian licensed in this State, of a medical or health problem of an animal purchased from the pet dealer, including a congenital or hereditary condition, and of the name and telephone number of the veterinarian providing the diagnosis.

(2) The purchaser must provide the pet dealer, in the event of the animal's death, with a written statement from a veterinarian licensed in this State stating that the animal died from an illness that existed on or before the delivery of the animal to the purchaser. The presentation of the statement is sufficient proof to claim reimbursement or replacement, and the return of the deceased animal to the pet dealer is not required.

Section 45. Exceptions to remedies. Notwithstanding Section 35, no refund of the purchase price of an animal, replacement of an animal, or reimbursement of veterinary fees shall be made if any of the following conditions exist:

(1) The animal's illness or death resulted from maltreatment or neglect or from an injury sustained or an illness contracted after the delivery of the animal to the purchaser.

(2) The purchaser fails to carry out the recommended treatment prescribed by the examining veterinarian who made the initial diagnosis. This paragraph (2) does not apply, however, if the cost for the treatment, together with the veterinarian's fee for the diagnosis, would exceed the purchase price of the animal, including sales tax, paid by the purchaser.

(3) A veterinarian's statement was provided to the purchaser under Section 15 of this Act that disclosed the disease, illness, or condition for which the purchaser seeks to return the animal. This paragraph (3) does not apply, however, if, within one year after the purchaser took physical possession of the animal, a veterinarian licensed in this State states in writing that the disease, illness, or condition requires, or is likely in the future to require, hospitalization or nonelective surgical procedures or that the disease, illness, or condition resulted in the death of the animal.

(4) The purchaser refuses to return to the pet dealer all documents previously provided to the purchaser for the purpose of registering the animal. This paragraph (4) does not apply, however, if the purchaser signs a written statement certifying that the documents have been inadvertently lost or destroyed.

Section 50. Veterinarian's statement.

(a) The veterinarian's statement under Section 35 must contain the following information:

(1) The purchaser's name and address.

(2) The date or dates the animal was examined.

(3) The animal's breed, age, and microchip number if known.

(4) A statement that the veterinarian examined the animal.

(5) A statement that the animal has or had an illness rendering it unfit for purchase or resulting in its death.

(6) The precise findings of the examination or necropsy, including laboratory results or copies of laboratory reports.

(b) If a refund for reasonable veterinary expenses is requested, the veterinarian's statement must be accompanied by an itemized bill of fees appropriate for the diagnosis and treatment of the illness or congenital or hereditary condition.

(c) Unless contested, refunds and payment of reimbursable expenses under Section 35 must be paid by the pet dealer to the purchaser no later than 14 business days following receipt of the veterinarian's statement required by Section 35 or, if applicable, no later than 14 business days after the animal is returned to the pet dealer.

Section 55. Contesting a demand for remedy.

(a) If a pet dealer wishes to contest a demand for any remedy under Section 35, the dealer may, except in the case of the death of the animal, require the purchaser to produce the animal for examination by a licensed veterinarian designated by the pet dealer. The pet dealer must pay the cost of this examination.

(b) If the purchaser and the pet dealer are unable to reach an agreement within 14 days following the pet dealer's receipt of the veterinarian's statement under Section 35, or within 14 days following receipt of the animal for examination by a veterinarian designated by the pet dealer, whichever is later, the purchaser may bring an action in the circuit court to resolve the dispute or the parties may submit to binding arbitration if mutually agreed upon by the parties in writing.

(c) The prevailing party in the dispute is entitled to collect reasonable attorney's fees.

Section 60. Written notice of rights. A pet dealer who sells an animal must provide a written notice of rights to the purchaser at the time of sale and to a prospective purchaser upon request. The notice must be contained in a separate document. The notice must be in 10-point type. A copy of the notice must be signed by the purchaser acknowledging that he or she has reviewed the notice. The notice must be in the following form:

"NOTICE OF RIGHTS CONCERNING THE SALE OF CATS AND DOGS

The sale of cats and dogs is subject to Illinois consumer-protection laws. If an Illinois-licensed veterinarian states in writing that your cat or dog is unfit for purchase because it became ill due to an illness or disease that existed within 14 days following delivery to you, or within one year following delivery to you in the case of a congenital or hereditary condition, you may choose to do one of the following:

(1) You may return your cat or dog and receive a refund of the purchase price, plus sales tax, and receive reimbursement of reasonable veterinary fees up to the purchase price of the cat or dog, including sales tax.

(2) If a replacement cat or dog is available, you may return your cat or dog and receive a cat or dog of your choice of equivalent value and receive reimbursement for reasonable veterinary fees up to the purchase price of the cat or dog, including sales tax.

(3) You may keep your cat or dog and receive reimbursement for reasonable veterinary fees up to 150% of the original purchase price of the cat or dog, including sales tax.

You may receive a refund for the purchase price of the cat or dog, plus sales tax, or a replacement cat or dog of your choice of equivalent value, and reimbursement for reasonable veterinary fees for the diagnosis and treatment of the cat or dog, if your cat or dog dies and an Illinois-licensed veterinarian states in writing that (1) the cat or dog has died due to an illness or disease that existed in the animal on or before delivery of the animal to you or (2) the cat or dog has died due to a congenital or hereditary condition that was diagnosed by the veterinarian within one year after you obtained physical possession of the cat or dog from the pet dealer. The reimbursement for reasonable veterinary fees may not exceed the purchase price of the cat or dog, including sales tax.

To exercise these rights, you must notify the pet dealer as quickly as possible but not later than 14 business days after learning from your veterinarian that a problem exists. You must tell the pet dealer about the problem and give the pet dealer the name and telephone number of the veterinarian providing the diagnosis.

If you are making a claim, you must also present to the pet dealer (i) a veterinarian's written statement, in a form prescribed by law, that the cat or dog was unfit for purchase and (ii) an itemized statement of all veterinary fees related to the claim. This information must be presented to the pet dealer no later than 5 days after you have received the written statement from the veterinarian.

If the pet dealer wishes to contest the statement or the veterinarian's bill, the pet dealer may request that you produce the cat or dog for examination by a licensed veterinarian of the pet dealer's choice. The pet dealer must pay the cost of this examination.

In the event of the death of the cat or dog, the deceased cat or dog need not be returned to the pet dealer if you submit a statement issued by a licensed veterinarian stating the cause of death.

If you and the pet dealer cannot resolve the claim within 14 business days following receipt of the veterinarian's statement or the examination by the pet dealer's veterinarian, whichever event occurs later, you may file an action in the circuit court to resolve the dispute. The prevailing party may collect reasonable attorney's fees. If the pet dealer does not contest the matter, the pet dealer must make the refund or reimbursement no later than 14 days after receiving the veterinarian's statement.

This notice contains a summary of key provisions of the consumer remedies available. Illinois law also provides safeguards to protect pet dealers from abuse. If you have any questions, obtain a copy of the complete relevant laws.

NOTE: This notice contains a summary of Illinois law. The law on which it is based is contained in the Retail Sale of Dogs and Cats Act."

The pet dealer must permit persons to review the written notice upon request.

Section 65. Other remedies; additional terms. Nothing in this Act in any way limits the rights or remedies that are otherwise available to a consumer under any other law, nor does this Act in any way limit the pet dealer and the purchaser from agreeing between themselves upon additional terms and conditions that are not inconsistent with this Act. Any agreement or contract by a purchaser to waive any rights under this Act is null and void, however, and is unenforceable.

Section 70. Representations concerning pedigree; dogs. A pet dealer may not state, promise, or represent to a purchaser, directly or indirectly, that a dog is registered or capable of being registered with an animal pedigree registry organization unless the pet dealer provides the purchaser with the documents necessary for that registration within 120 days following the date of sale of the dog. If a pet dealer fails to provide the documents necessary for registration within 120 days following the date of sale in violation of this Section, the purchaser is entitled, upon written notice to the pet dealer, to (i) retain the dog and receive a partial refund of 75% of the purchase price, including sales tax, paid by the purchaser or (ii) return the dog for a full refund of the purchase price, including sales tax, paid by the purchaser.

Section 75. Diseased or ill animal; penalties.

(a) Except as provided in subdivision (a)(6) of Section 15, a pet dealer may not knowingly sell an animal that is diseased, is ill, or has a condition requiring hospitalization or a surgical procedure. Instead of the civil penalties imposed under Section 25, a pet dealer who violates this Section is subject to a civil penalty of not less than $500 but not more than $1,000 for a first offense, and is also subject to a suspension of the dealer's license to sell animals so that the dealer is prohibited from selling animals for 60 days. For a second offense, the pet dealer is subject to a civil penalty of not less than $1,000 but not more than $2,500 and a suspension of the dealer's license to sell animals so that the dealer is prohibited from selling animals for 6 months. For a third offense, the pet dealer is subject to a civil penalty of not less than $2,500 but not more than $5,000 and shall be prohibited from selling animals for 3 years. For a fourth offense, the pet dealer's license shall be automatically revoked for a period of 5 years. A pet dealer whose license has been revoked may not apply for a pet dealer license during the period of revocation.

(b) An action to enforce collection of the civil penalty and for a court order prohibiting the pet dealer from selling animals under this Section may be prosecuted in the name of the People of the State of Illinois by the State's Attorney for the county where the violation is alleged to have occurred.

(c) If a pet dealer knowingly sells an animal that is diseased, is ill, or has a condition requiring hospitalization or a surgical procedure, except as provided in subdivision (a)(6) of Section 15, the Department may revoke or refuse to issue or renew the person's pet dealer license.

Section 80. Examination of animal before sale; euthanasia.

(a) An animal may not be offered for sale by a pet dealer to a purchaser until the animal has been examined by a veterinarian licensed in this State. Each animal must be examined within 5 days after the pet dealer receives the animal and at least once every 15 days thereafter while the animal is in the possession or custody of the pet dealer. The pet dealer must provide a sick animal with proper veterinary care without delay.

(b) An animal diagnosed with a contagious or infectious disease, illness, or condition must be crated separately from healthy animals until a licensed veterinarian determines that the animal is free from contagion or infection. The separate area in which the animal is crated must meet the following conditions:

(1) The area may not be used to house other healthy animals or new arrivals awaiting the required veterinary examination.

(2) The area may not be used for storing open food containers or bowls, dishes, or other utensils that come in contact with healthy animals.

(3) The area must have an exhaust fan that creates air movement from the isolation area to an area outside the premises of the pet dealer. The removal of exhaust air from the isolation area may be accomplished by the use of existing heating and air-conditioning ducts if no exhaust air is permitted to enter or mix with fresh air for use by the general animal population.

(4) Upon removal of all of the contagious or infectious animals, the area must be cleaned and disinfected before any healthy animal may be placed in the area.

(c) If the pet dealer's veterinarian deems the animal to be unfit for purchase due to a disease, illness, or congenital condition, any of which is fatal or causes, or is likely to cause, the animal to unduly suffer, the veterinarian shall humanely euthanize the animal. The veterinarian must provide the pet dealer with a written statement as to why the animal was euthanized. Otherwise, the pet dealer must have a veterinarian treat the animal or may surrender the animal to a humane organization that consents to receive the animal.

(d) If an animal is returned to a pet dealer due to illness, disease, or a congenital or hereditary condition requiring veterinary care, the pet dealer must provide the animal with proper veterinary care.

Section 85. Notice to consumers.

(a) A pet dealer must post conspicuously, within proximity to the cages of animals offered for sale, a notice containing the following language in 100-point type:

"Information on the source of these animals and veterinary treatments received by these animals is available for review. You are entitled to a written notice of rights concerning the sale of cats and dogs."

(b) Upon request for information regarding an animal, a pet dealer must make immediately available to prospective purchasers all of the information required to be disclosed to purchasers under Section 15 and Section 60.

(c) At the time of sale of an animal, a pet dealer must provide the purchaser with information on the value of spaying and neutering dogs and cats.

Section 90. Construction. Nothing in this Act shall be construed to limit or restrict approved humane investigators, Department investigators, law enforcement officers, or animal control wardens from enforcing the Humane Care for Animals Act, the Animal Welfare Act, or any other law relating to the humane treatment of or cruelty to animals.

Section 99. Effective date. This Act takes effect January 1, 2008.