Illinois General Assembly - Full Text of HB1711
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Full Text of HB1711  102nd General Assembly

HB1711enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB1711 EnrolledLRB102 05111 SPS 15131 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 2, 3.8, 3.15, 20 and 20.5 and by adding Section 3.9 as
6follows:
 
7    (225 ILCS 605/2)  (from Ch. 8, par. 302)
8    Sec. 2. Definitions. As used in this Act unless the
9context otherwise requires:
10    "Department" means the Illinois Department of Agriculture.
11    "Director" means the Director of the Illinois Department
12of Agriculture.
13    "Pet shop operator" means any person who sells, offers to
14sell, exchange, or offers for adoption with or without charge
15or donation dogs, cats, birds, fish, reptiles, or other
16animals customarily obtained as pets in this State at retail
17to the public. However, a person who sells only such animals
18that he has produced and raised shall not be considered a pet
19shop operator under this Act, and a veterinary hospital or
20clinic operated by a veterinarian or veterinarians licensed
21under the Veterinary Medicine and Surgery Practice Act of 2004
22shall not be considered a pet shop operator under this Act.
23    "Dog dealer" means any person who sells, offers to sell,

 

 

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1exchange, or offers for adoption with or without charge or
2donation dogs in this State. However, a person who sells only
3dogs that he has produced and raised shall not be considered a
4dog dealer under this Act, and a veterinary hospital or clinic
5operated by a veterinarian or veterinarians licensed under the
6Veterinary Medicine and Surgery Practice Act of 2004 shall not
7be considered a dog dealer under this Act.
8    "Secretary of Agriculture" or "Secretary" means the
9Secretary of Agriculture of the United States Department of
10Agriculture.
11    "Person" means any person, firm, corporation, partnership,
12association or other legal entity, any public or private
13institution, the State of Illinois, or any municipal
14corporation or political subdivision of the State.
15    "Kennel operator" means any person who operates an
16establishment, other than an animal control facility,
17veterinary hospital, or animal shelter, where dogs or dogs and
18cats are maintained for boarding, training or similar purposes
19for a fee or compensation.
20    "Boarding" means a time frame greater than 12 hours or an
21overnight period during which an animal is kept by a kennel
22operator.
23    "Cat breeder" means a person who sells, offers to sell,
24exchanges, or offers for adoption with or without charge cats
25that he or she has produced and raised. A person who owns, has
26possession of, or harbors 5 or less females capable of

 

 

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1reproduction shall not be considered a cat breeder.
2    "Dog breeder" means a person who sells, offers to sell,
3exchanges, or offers for adoption with or without charge dogs
4that he has produced and raised. A person who owns, has
5possession of, or harbors 5 or less females capable of
6reproduction shall not be considered a dog breeder.
7    "Animal control facility" means any facility operated by
8or under contract for the State, county, or any municipal
9corporation or political subdivision of the State for the
10purpose of impounding or harboring seized, stray, homeless,
11abandoned or unwanted dogs, cats, and other animals. "Animal
12control facility" also means any veterinary hospital or clinic
13operated by a veterinarian or veterinarians licensed under the
14Veterinary Medicine and Surgery Practice Act of 2004 which
15operates for the above mentioned purpose in addition to its
16customary purposes.
17    "Animal shelter" means a facility operated, owned, or
18maintained by a duly incorporated humane society, animal
19welfare society, or other non-profit organization having
20tax-exempt status under Section 501(c)(3) of the Internal
21Revenue Code for the purpose of providing for and promoting
22the welfare, protection, and humane treatment of animals. An
23organization that does not have its own building that
24maintains animals solely in foster homes or other licensees is
25an "animal shelter" for purposes of this Act. "Animal shelter"
26also means any veterinary hospital or clinic operated by a

 

 

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1veterinarian or veterinarians licensed under the Veterinary
2Medicine and Surgery Practice Act of 2004 which operates for
3the above mentioned purpose in addition to its customary
4purposes.
5    "Day care operator" means a person who operates an
6establishment, other than an animal control facility,
7veterinary hospital, or animal shelter, where dogs or dogs and
8cats are kept for a period of time not exceeding 12 hours.
9    "Foster home" means an entity that accepts the
10responsibility for stewardship of animals that are the
11obligation of an animal shelter or animal control facility,
12not to exceed 4 foster animals or 2 litters under 8 weeks of
13age at any given time. A written agreement to operate as a
14"foster home" shall be contracted with the animal shelter or
15animal control facility.
16    "Guard dog service" means an entity that, for a fee,
17furnishes or leases guard or sentry dogs for the protection of
18life or property. A person is not a guard dog service solely
19because he or she owns a dog and uses it to guard his or her
20home, business, or farmland.
21    "Guard dog" means a type of dog used primarily for the
22purpose of defending, patrolling, or protecting property or
23life at a commercial establishment other than a farm. "Guard
24dog" does not include stock dogs used primarily for handling
25and controlling livestock or farm animals, nor does it include
26personally owned pets that also provide security.

 

 

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1    "Return" in return to field or trap, neuter, return
2program means to return the cat to field after it has been
3sterilized and vaccinated for rabies.
4    "Sentry dog" means a dog trained to work without
5supervision in a fenced facility other than a farm, and to
6deter or detain unauthorized persons found within the
7facility.
8    "Probationary status" means the 12-month period following
9a series of violations of this Act during which any further
10violation shall result in an automatic 12-month suspension of
11licensure.
12    "Owner" means any person having a right of property in an
13animal, who keeps or harbors an animal, who has an animal in
14his or her care or acts as its custodian, or who knowingly
15permits a dog to remain on any premises occupied by him or her.
16"Owner" does not include a feral cat caretaker participating
17in a trap, spay/neuter, vaccinate for rabies, and return
18program.
19    "Offer for sale" means to sell, exchange for
20consideration, offer for adoption, advertise for the sale of,
21barter, auction, give away, or otherwise dispose of animals.
22(Source: P.A. 100-842, eff. 1-1-19; 100-870, eff. 1-1-19;
23101-81, eff. 7-12-19; 101-295, eff. 8-9-19.)
 
24    (225 ILCS 605/3.8)
25    Sec. 3.8. Prohibition Sourcing of dogs and cats sold by

 

 

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1pet shops; recordkeeping.
2    (a) A pet shop operator may offer for sale a dog or cat
3only if the dog or cat is obtained from an animal control
4facility or animal shelter, located in-state or out-of-state,
5that is in compliance with Section 3.9.
6    (b) A pet shop operator shall keep a record of each dog or
7cat offered for sale. The record must be kept on file for a
8period of 2 years following the acquisition of each dog or cat,
9made available to the Department upon request, and submitted
10to the Department on May 1 and November 1 of each year. The
11record shall include the following:
12        (1) name, address, and phone number of the animal
13    control facility or animal shelter each dog or cat was
14    obtained from; and
15        (2) documentation from the animal control facility or
16    animal shelter each dog or cat was obtained from
17    demonstrating compliance with Section 3.9, including the
18    circumstances that led to the animal control facility or
19    animal shelter obtaining ownership of the dog or cat and
20    any other information indicating the dog or cat was not
21    obtained from a source prohibited in Section 3.9.
22    (c) In addition to the penalties set forth in Section
2320.5, a pet shop operator that violates subsection (a) shall
24no longer offer for sale a dog or cat regardless of where the
25dog or cat was obtained.
26    (d) Nothing in this Section prohibits a pet shop operator

 

 

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1from providing space to an animal control facility or animal
2shelter to showcase dogs or cats owned by these entities for
3the purpose of adoption.
4    (a) A pet shop operator may not obtain a dog or cat for
5resale or sell or offer for sale any dog or cat obtained from a
6person who is required to be licensed by the pet dealer
7regulations of the United States Department of Agriculture
8under the federal Animal Welfare Act (7 U.S.C. 2131 et seq.) if
9any of the following applies to the original breeder:
10        (1) The person is not currently licensed by the United
11    States Department of Agriculture under the federal Animal
12    Welfare Act.
13        (2) During the 2-year period before the day the dog or
14    cat is received by the pet shop, the person received a
15    direct or critical non-compliant citation on a final
16    inspection report from the United States Department of
17    Agriculture under the federal Animal Welfare Act.
18        (3) During the 2-year period before the day the dog or
19    cat is received by the pet shop, the person received 3 or
20    more non-compliant citations on a final inspection report
21    from the United States Department of Agriculture for
22    violations relating to the health or welfare of the animal
23    and the violations were not administrative in nature.
24        (4) The person received a no-access violation on each
25    of the 3 most recent final inspection reports from the
26    United States Department of Agriculture.

 

 

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1    (b) A pet shop operator is presumed to have acted in good
2faith and to have satisfied its obligation to ascertain
3whether a person meets the criteria described in subsection
4(a) of this Section if, when placing an order to obtain a dog
5or cat for sale or resale, the pet shop operator conducts a
6search for inspection reports that are readily available of
7the breeder on the Animal Care Information System online
8search tool maintained by the United States Department of
9Agriculture. If inspection reports are not readily available
10on the United States Department of Agriculture website, the
11pet shop operator must obtain the inspection reports from the
12person or persons required to meet the criteria described in
13subsection (a) of this Section.
14    (c) Notwithstanding subsections (a) and (b) of this
15Section, a pet shop operator may obtain a dog or cat for resale
16or sell or offer for sale any dog or cat obtained from: (1) a
17person that sells dogs only he or she has produced and raised
18and who is not required to be licensed by the United States
19Department of Agriculture, (2) a publicly operated pound or a
20private non-profit humane society or rescue, or (3) an animal
21adoption event conducted by a pound or humane society.
22    (d) A pet shop operator shall maintain records verifying
23its compliance with this Section for 2 years after obtaining
24the dog or cat to be sold or offered for sale. Records
25maintained pursuant to this subsection (d) shall be open to
26inspection on request by a Department of Agriculture

 

 

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1inspector.
2(Source: P.A. 100-322, eff. 8-24-17.)
 
3    (225 ILCS 605/3.9 new)
4    Sec. 3.9. Animal control facilities and animal shelters
5supplying to pet shop operators.
6    (a) An animal control facility or animal shelter that
7supplies dogs or cats to pet shop operators to be offered for
8sale shall not be a dog breeder or a cat breeder or obtain dogs
9or cats from a dog breeder, a cat breeder, a person who resells
10dogs or cats from a breeder, or a person who sells dogs or cats
11at auction in exchange for payment or compensation.
12    (b) An animal control facility or animal shelter that
13supplies dogs or cats to pet shops to be offered for sale shall
14provide pet shops with documentation demonstrating compliance
15with this Section, including a description of the ownership
16history of each dog or cat supplied, if known, the
17circumstances that led to ownership of the dog or cat, and any
18other information indicating the dog or cat was not obtained
19from a source prohibited in this Section.
 
20    (225 ILCS 605/3.15)
21    Sec. 3.15. Disclosures for dogs and cats being sold by pet
22shops.
23    (a) Prior to the time of sale, every pet shop operator
24must, to the best of his or her knowledge, provide to the

 

 

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1consumer the following information on any dog or cat being
2offered for sale:
3        (1) The retail price of the dog or cat, including any
4    additional fees or charges.
5        (2) The breed or breeds, if known, age, date of birth,
6    sex, and color of the dog or cat.
7        (3) The date and description of any inoculation or
8    medical treatment that the dog or cat received while under
9    the possession of the pet shop operator, and any
10    inoculation or medical treatment that the dog or cat
11    received while under the possession of the animal control
12    facility or animal shelter that the pet shop operator is
13    aware of.
14        (4) Sourcing information required in subsection (b) of
15    Section 3.8. The name and business address of both the dog
16    or cat breeder and the facility where the dog or cat was
17    born. If the dog or cat breeder is located in the State,
18    then the breeder's license number. If the dog or cat
19    breeder also holds a license issued by the United States
20    Department of Agriculture, the breeder's federal license
21    number.
22        (5) (Blank).
23        (6) (Blank). If eligible for registration with a
24    pedigree registry, then the name and registration numbers
25    of the sire and dam and the address of the pedigree
26    registry where the sire and dam are registered.

 

 

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1        (7) If the dog or cat was returned by a customer, then
2    the date and reason for the return.
3        (8) A copy of the pet shop's policy regarding
4    warranties, refunds, or returns and an explanation of the
5    remedy under subsections (f) through (m) of this Section
6    in addition to any other remedies available at law.
7        (9) The pet shop operator's license number issued by
8    the Illinois Department of Agriculture.
9        (10) Disclosure that the dog or cat has been
10    microchipped and the microchip has been enrolled in a
11    nationally searchable database. Pet stores must also
12    disclose that the purchaser has the option to list the pet
13    store as a secondary contact on the microchip.
14    (a-5) All dogs and cats shall be microchipped by a pet shop
15operator prior to sale.
16    (b) The information required in subsection (a) shall be
17provided to the customer in written form by the pet shop
18operator and shall have an acknowledgement of disclosures
19form, which must be signed by the customer and the pet shop
20operator at the time of sale. The acknowledgement of
21disclosures form shall include the following:
22        (1) A blank space for the dated signature and printed
23    name of the pet shop operator, which shall be immediately
24    beneath the following statement: "I hereby attest that all
25    of the above information is true and correct to the best of
26    my knowledge.".

 

 

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1        (2) A blank space for the customer to sign and print
2    his or her name and the date, which shall be immediately
3    beneath the following statement: "I hereby attest that
4    this disclosure was posted on or near the cage of the dog
5    or cat for sale and that I have read all of the
6    disclosures. I further understand that I am entitled to
7    keep a signed copy of this disclosure.".
8    (c) A copy of the disclosures and the signed
9acknowledgement of disclosures form shall be provided to the
10customer at the time of sale and the original copy shall be
11maintained by the pet shop operator for a period of 2 years
12from the date of sale. A copy of the pet store operator's
13policy regarding warranties, refunds, or returns shall be
14provided to the customer.
15    (d) A pet shop operator shall post in a conspicuous place
16in writing on or near the cage of any dog or cat available for
17sale the information required by subsection (a) of this
18Section 3.15.
19    (e) If there is an outbreak of distemper, parvovirus, or
20any other contagious and potentially life-threatening disease,
21the pet shop operator shall notify the Department immediately
22upon becoming aware of the disease. If the Department issues a
23quarantine, the pet shop operator shall notify, in writing and
24within 2 business days of the quarantine, each customer who
25purchased a dog or cat during the 2-week period prior to the
26outbreak and quarantine.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1its death.
2    If the customer and the pet shop have not reached an
3agreement within 10 business days after the examination of the
4medical records and the dog or cat, if alive, or the dog's or
5cat's medical records, if deceased, by the second
6veterinarian, then:
7        (1) the customer may bring suit in a court of
8    competent jurisdiction to resolve the dispute; or
9        (2) if the customer and the pet shop agree in writing,
10    the parties may submit the dispute to binding arbitration.
11    If the court or arbiter finds that either party acted in
12bad faith in seeking or denying the requested remedy, then the
13offending party may be required to pay reasonable attorney's
14fees and court costs of the adverse party.
15    (l) This Section shall not apply to any adoption of dogs or
16cats, including those in which a pet shop or other
17organization rents or donates space to facilitate the
18adoption.
19    (m) If a pet shop offers its own warranty on a pet, a
20customer may choose to waive the remedies provided under
21subsection (f) of this Section in favor of choosing the
22warranty provided by the pet shop. If a customer waives the
23rights provided by subsection (f), the only remedies available
24to the customer are those provided by the pet shop's warranty.
25For the statement to be an effective waiver of the customer's
26right to refund or exchange the animal under subsection (f),

 

 

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1the pet shop must provide, in writing, a statement of the
2remedy under subsection (f) that the customer is waiving as
3well as a written copy of the pet shop's warranty. For the
4statement to be an effective waiver of the customer's right to
5refund or exchange the animal under subsection (f), it shall
6be substantially similar to the following language:
7        "I have agreed to accept the warranty provided by the
8    pet shop in lieu of the remedies under subsection (f) of
9    Section 3.15 of the Animal Welfare Act. I have received a
10    copy of the pet shop's warranty and a statement of the
11    remedies provided under subsection (f) of Section 3.15 of
12    the Animal Welfare Act. This is a waiver pursuant to
13    subsection (m) of Section 3.15 of the Animal Welfare Act
14    whereby I, the customer, relinquish any and all right to
15    return the animal for congenital and hereditary disorders
16    provided by subsection (f) of Section 3.15 of the Animal
17    Welfare Act. I agree that my exclusive remedy is the
18    warranty provided by the pet shop at the time of sale.".
19(Source: P.A. 100-322, eff. 8-24-17.)
 
20    (225 ILCS 605/20)  (from Ch. 8, par. 320)
21    Sec. 20. Any person violating any provision of this Act,
22other than a violation of Section 3.8 of this Act, or any rule,
23regulation, or order of the Department issued pursuant to this
24Act is guilty of a Class C misdemeanor and every day a
25violation continues constitutes a separate offense.

 

 

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1(Source: P.A. 89-178, eff. 7-19-95.)
 
2    (225 ILCS 605/20.5)
3    Sec. 20.5. Administrative fines. The following
4administrative fines shall may be imposed by the Department
5upon any person or entity who violates any provision of this
6Act or any rule adopted by the Department under this Act:
7        (1) For the first violation, a fine of $500 $1,000.
8        (2) For a second violation that occurs within 3 2
9    years after the first violation, a fine of $1,000 $2,500.
10        (3) For a third violation that occurs within 3 2 years
11    after the first violation, mandatory probationary status
12    and a fine of $2,500 $3,000.
13    If a person or entity fails or refuses to pay an
14administrative fine authorized by this Section, the Department
15may prohibit that person or entity from renewing a license
16under this Act until the fine is paid in full. Any penalty of
17$500 or more not paid within 120 days of issuance by the
18Department shall be submitted to the Department of Revenue for
19collection as provided under the Illinois State Collection Act
20of 1986.
21(Source: P.A. 101-295, eff. 8-9-19.)
 
22    Section 97. Severability. The provisions of this Act are
23severable under Section 1.31 of the Statute on Statutes.
 
24    Section 99. Effective date. This Act takes effect 180 days

 

 

HB1711 Enrolled- 20 -LRB102 05111 SPS 15131 b

1after becoming law.