Full Text of HB4056 98th General Assembly
HB4056sam001 98TH GENERAL ASSEMBLY | Sen. Dan Kotowski Filed: 5/1/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4056
| 2 | | AMENDMENT NO. ______. Amend House Bill 4056 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Animal Welfare Act is amended by changing | 5 | | Sections 2, 2.2, 3.1, 3.3, 3.4, 3.5, and 3.15 and by adding | 6 | | Sections 3.05 and 3.35 as follows:
| 7 | | (225 ILCS 605/2) (from Ch. 8, par. 302)
| 8 | | Sec. 2. Definitions. As used in this Act unless the context | 9 | | otherwise
requires:
| 10 | | "Department" means the Illinois Department of Agriculture.
| 11 | | "Director" means the Director of the Illinois Department of | 12 | | Agriculture.
| 13 | | "Pet shop operator" means any person who sells, offers to | 14 | | sell, exchanges
exchange , or offers for adoption with or | 15 | | without charge or donation dogs,
cats, birds, fish, reptiles, | 16 | | or other animals customarily obtained as pets
in this State. |
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| 1 | | However, a person who sells only such animals that he has
| 2 | | produced and raised shall not be considered a pet shop operator | 3 | | under this
Act, and a veterinary hospital or clinic operated by | 4 | | a veterinarian or
veterinarians licensed under the Veterinary | 5 | | Medicine and Surgery Practice
Act of 2004 shall not be | 6 | | considered a pet shop operator under this
Act.
| 7 | | "Dog dealer" means any person who sells, offers to sell, | 8 | | exchange, or
offers for adoption with or without charge or | 9 | | donation dogs in this State.
However, a person who sells only | 10 | | dogs that he has produced and raised shall
not be considered a | 11 | | dog dealer under this Act, and a veterinary hospital or
clinic | 12 | | operated by a veterinarian or veterinarians licensed under the
| 13 | | Veterinary Medicine and Surgery Practice Act of 2004
shall not | 14 | | be considered a dog dealer under this Act.
| 15 | | "Secretary of Agriculture" or "Secretary" means the | 16 | | Secretary of
Agriculture of the United States Department of | 17 | | Agriculture.
| 18 | | "Person" means any person, firm, corporation, partnership, | 19 | | association
or other legal entity, any public or private | 20 | | institution, the State of
Illinois, or any municipal | 21 | | corporation or political subdivision of the
State.
| 22 | | "Kennel operator" means any person who operates an | 23 | | establishment, other
than an animal control facility, | 24 | | veterinary hospital, or animal
shelter, where dogs or dogs and | 25 | | cats are maintained
for boarding, training or similar purposes | 26 | | for a fee or compensation; or
who sells, offers to sell, |
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| 1 | | exchange, or offers for adoption with or without
charge dogs or | 2 | | dogs and cats which he has produced and raised. A person who
| 3 | | owns, has possession of, or harbors 5 or less
females capable | 4 | | of reproduction shall not be considered a kennel
operator.
| 5 | | "Cattery operator" means any person who operates an | 6 | | establishment, other
than an animal control facility or animal
| 7 | | shelter, where cats are maintained for boarding,
training or | 8 | | similar purposes for a fee or compensation; or who sells,
| 9 | | offers to sell, exchange, or offers for adoption with or | 10 | | without charges
cats which he has produced and raised. A person | 11 | | who owns, has possession
of, or harbors 5 or
less females | 12 | | capable of reproduction shall not be considered a
cattery | 13 | | operator.
| 14 | | "Animal control facility" means any facility operated by or
| 15 | | under contract for the State,
county, or any municipal | 16 | | corporation or political subdivision of the State
for the | 17 | | purpose of impounding or harboring seized, stray, homeless,
| 18 | | abandoned or unwanted dogs, cats, and other animals. "Animal | 19 | | control
facility" also means any
veterinary hospital or clinic | 20 | | operated by a veterinarian or veterinarians
licensed under the | 21 | | Veterinary Medicine and Surgery Practice Act of 2004 which
| 22 | | operates for the above mentioned purpose in addition to its | 23 | | customary purposes.
| 24 | | "Animal shelter" means a facility operated, owned, or | 25 | | maintained by a duly
incorporated humane society, animal | 26 | | welfare society, or other non-profit
organization for the |
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| 1 | | purpose of providing for and promoting the welfare,
protection, | 2 | | and humane treatment of animals. "Animal shelter" also means | 3 | | any
veterinary hospital or clinic operated by a veterinarian or | 4 | | veterinarians
licensed under the Veterinary Medicine and | 5 | | Surgery Practice Act of 2004 which
operates for the above | 6 | | mentioned purpose in addition to its customary purposes. | 7 | | "Animal shelter" does not mean a facility that sells, offers to | 8 | | sell, exchanges, or offers for adoption with or without charge | 9 | | dogs or cats that have been produced and raised at the | 10 | | facility.
| 11 | | "Foster home" means an entity that accepts the | 12 | | responsibility for
stewardship of animals that are the | 13 | | obligation of an animal shelter, not to
exceed 4 animals at any | 14 | | given time. Permits to operate as a "foster home"
shall be | 15 | | issued through the animal shelter.
| 16 | | "Guard dog service" means an entity that, for a fee, | 17 | | furnishes or leases
guard or sentry dogs for the protection of | 18 | | life or property. A person
is not a guard dog service solely | 19 | | because he or she owns a dog and uses it to
guard his or her | 20 | | home, business, or farmland.
| 21 | | "Guard dog" means a type of dog used primarily for the | 22 | | purpose of defending,
patrolling, or protecting property or | 23 | | life at a commercial establishment
other than a farm. "Guard | 24 | | dog" does not include stock dogs used primarily for
handling | 25 | | and controlling livestock or farm animals, nor does it include
| 26 | | personally owned pets that also provide security.
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| 1 | | "Sentry dog" means a dog trained to work without | 2 | | supervision in a fenced
facility other than a farm, and to | 3 | | deter or detain unauthorized persons found
within the facility.
| 4 | | "Probationary status" means the 12-month period following | 5 | | a series of violations of this Act during which any further | 6 | | violation shall result in an automatic 12-month suspension of | 7 | | licensure.
| 8 | | (Source: P.A. 95-550, eff. 6-1-08 .)
| 9 | | (225 ILCS 605/2.2) (from Ch. 8, par. 302.2)
| 10 | | Sec. 2.2.
No pet shop operator, dog dealer, kennel | 11 | | operator, or cattery operator shall
separate a puppy or kitten | 12 | | from its mother, for the
purpose of sale, until such puppy or | 13 | | kitten has attained the age of 8
weeks.
| 14 | | All licensees under this Act shall maintain records of
the | 15 | | origin and sale of all dogs, and such records shall be made | 16 | | available for
inspection by the Secretary or the Department | 17 | | upon demand. Such records
must contain proof in proper form of | 18 | | purebreds and their pedigree, and evidence
of such proof must | 19 | | be provided to any person acquiring a dog from a licensee
under | 20 | | this Act. In addition, guard dog services shall be
required to | 21 | | maintain records of transfer of ownership, death, or | 22 | | disappearance
of a guard dog or sentry dog used by that guard | 23 | | dog service.
| 24 | | (Source: P.A. 89-178, eff. 7-19-95.)
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| 1 | | (225 ILCS 605/3.05 new) | 2 | | Sec. 3.05. Restrictions on the sale of dogs and cats. | 3 | | (a) A pet shop operator or dog dealer may offer to sell, | 4 | | exchange, or adopt with or without charge or donation only | 5 | | those dogs or cats that the pet shop operator or dog dealer has | 6 | | obtained from an animal shelter or an animal control facility. | 7 | | (b) The Department shall study the impact of the | 8 | | restrictions on the sale of dogs and cats by pet shops and dog | 9 | | dealers and prepare a report to submit to the Governor and the | 10 | | General Assembly by December 31, 2020.
| 11 | | (225 ILCS 605/3.1) (from Ch. 8, par. 303.1)
| 12 | | Sec. 3.1. Information on dogs and cats for sale by a kennel | 13 | | operator dog dealer or cattery operator. Every kennel operator | 14 | | dog dealer and cattery operator shall provide the following
| 15 | | information for every dog or cat available for sale:
| 16 | | (a) The age, sex, and weight of the animal.
| 17 | | (b) The breed of the animal.
| 18 | | (c) A record of vaccinations and veterinary care and | 19 | | treatment.
| 20 | | (d) A record of surgical sterilization or lack of surgical | 21 | | sterilization.
| 22 | | (e) The name and address of the breeder of the animal.
| 23 | | (e) (f) The name and address of any other person who owned | 24 | | or harbored the
animal between its birth and the point of sale.
| 25 | | (Source: P.A. 96-1470, eff. 1-1-11.)
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| 1 | | (225 ILCS 605/3.3) | 2 | | Sec. 3.3. Direct adoption Adoption of dogs and cats from | 3 | | animal shelters and animal control facilities . | 4 | | (a) An animal shelter or animal control facility shall not | 5 | | adopt out any dog or cat unless it has been sterilized and | 6 | | microchipped. However, an animal shelter or animal control | 7 | | facility may adopt out a dog or cat that has not been | 8 | | sterilized and microchipped if: | 9 | | (1) the adopting owner has executed a written agreement | 10 | | agreeing to have sterilizing and microchipping procedures | 11 | | performed on the animal to be adopted within a specified | 12 | | period of time not to exceed 30 days after the date of the | 13 | | adoption, or | 14 | | (2) the adopting owner has executed a written agreement | 15 | | to have sterilizing and microchipping procedures performed | 16 | | within 14 days after a licensed veterinarian certifies the | 17 | | dog or cat is healthy enough for sterilizing and | 18 | | microchipping procedures, and a licensed veterinarian has | 19 | | certified that the dog or cat is too sick or injured to be | 20 | | sterilized or it would be detrimental to the health of the | 21 | | dog or cat to be sterilized or microchipped at the time of | 22 | | the adoption. | 23 | | (b) An animal shelter or animal control facility may adopt | 24 | | out any dog or cat that is not free of disease, injury, or | 25 | | abnormality if the disease, injury, or abnormality is disclosed |
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| 1 | | in writing to the adopter, and the animal shelter or animal | 2 | | control facility allows the adopter to return the animal to the | 3 | | animal shelter or animal control facility. | 4 | | (c) The requirements of subsections (a) and (b) of this | 5 | | Section do not apply to adoptions subject to Section 11 of the | 6 | | Animal Control Act.
| 7 | | (d) An animal shelter or animal control facility shall not | 8 | | cause dogs or cats to be imported into Illinois from another | 9 | | state or country, unless the dogs or cats are accompanied by a | 10 | | health certificate and an entry permit number as described in 8 | 11 | | Ill. Adm. Code 25.47. If the animal accepted is a dog 4 months | 12 | | or more of age, it must be vaccinated for rabies and listed as | 13 | | such on the certificate of veterinary inspection. | 14 | | (Source: P.A. 96-314, eff. 8-11-09.) | 15 | | (225 ILCS 605/3.35 new) | 16 | | Sec. 3.35. Transfer of dogs and cats from Illinois licensed | 17 | | animal shelters and animal control facilities to pet shop | 18 | | operators and dog dealers. | 19 | | (a) An animal shelter or animal control facility shall not | 20 | | transfer any dog or cat to a pet shop operator or dog dealer | 21 | | unless it has been sterilized and microchipped. The dog or cat | 22 | | shall not be transferred from an animal shelter or animal | 23 | | control facility to a pet shop operator or a dog dealer until | 24 | | the dog or cat has fully recovered and healed from the | 25 | | sterilization procedure. The microchip shall be registered in |
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| 1 | | the name of the animal shelter or animal control facility. A | 2 | | copy of the ownership transfer form shall accompany the dog or | 3 | | cat when it is transferred from the animal control facility or | 4 | | animal shelter to the pet shop operator or dog dealer. At the | 5 | | time of sale, the pet shop operator shall register the | 6 | | microchip in the name of the new owner. | 7 | | (b) An animal shelter or animal control facility shall not | 8 | | cause dogs or cats to be imported into Illinois from another | 9 | | state or country, unless the dogs or cats are accompanied by a | 10 | | health certificate and an entry permit number as described in 8 | 11 | | Ill. Adm. Code 25.47. If the animal accepted is a dog 4 months | 12 | | or more of age, it must be vaccinated for rabies and listed as | 13 | | such on the certificate of veterinary inspection. | 14 | | (c) The animal shelter or animal control facility must | 15 | | provide to the pet shop operator or dog dealer prior to the | 16 | | time of transfer the following information, to the best of its | 17 | | knowledge, on any dog or cat being transferred to a pet shop | 18 | | operator or dog dealer: | 19 | | (1) The breed, age, date of birth, sex, and color of | 20 | | the dog or cat if known, or if unknown, the
animal shelter | 21 | | or animal control facility shall estimate to the best of | 22 | | its ability. | 23 | | (2) The details of any inoculation or medical
treatment | 24 | | that the dog or cat received while under the possession of | 25 | | the animal shelter or animal control facility and if known, | 26 | | any inoculation or medical treatment the dog or cat |
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| 1 | | received prior to coming into the possession of the animal | 2 | | shelter or animal control facility. | 3 | | (3) If the dog or cat originated at an out-of-state | 4 | | animal shelter or animal control facility, a copy of the | 5 | | certificate of veterinary inspection. | 6 | | (4) The transfer fee and any additional fees or
| 7 | | charges. | 8 | | (5) If the dog or cat was returned by an adopter,
then | 9 | | the date and reason for the return. | 10 | | (6) The following written statement: "A copy of our | 11 | | policy regarding warranties, refunds, or returns is | 12 | | available upon request.". | 13 | | (7) The license number of the animal shelter or
animal | 14 | | control facility issued by the Illinois Department of | 15 | | Agriculture. | 16 | | (225 ILCS 605/3.4) | 17 | | Sec. 3.4. Release of animals to shelters , pet shop | 18 | | operators, or dog dealers . An animal shelter or animal control | 19 | | facility may not release any animal to an individual | 20 | | representing an animal shelter , pet shop operator, or dog | 21 | | dealer , unless the recipient animal shelter , pet shop operator, | 22 | | or dog dealer has been licensed or has a foster care permit | 23 | | issued by the Department or the individual is a representative | 24 | | of a not-for-profit, out-of-State organization.
| 25 | | (Source: P.A. 96-314, eff. 8-11-09.) |
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| 1 | | (225 ILCS 605/3.5) | 2 | | Sec. 3.5. Information on dogs and cats available for direct | 3 | | adoption by an animal shelter or animal control facility. | 4 | | (a) An animal shelter or animal control facility must | 5 | | provide to the adopter prior to the time of adoption the | 6 | | following information, to the best of its knowledge, on any dog | 7 | | or cat being offered for adoption: | 8 | | (1) The breed, age, date of birth, sex, and color of | 9 | | the dog or cat if known, or if unknown, the animal shelter | 10 | | or animal control facility shall estimate to the best of | 11 | | its ability. | 12 | | (2) The details of any inoculation or medical treatment | 13 | | that the dog or cat received while under the possession of | 14 | | the animal shelter or animal control facility. | 15 | | (3) If the dog or cat originated at an out-of-state | 16 | | animal shelter or animal control facility, a copy of the | 17 | | certificate of veterinary inspection. | 18 | | (4) (3) The adoption fee and any additional fees or | 19 | | charges. | 20 | | (5) (4) If the dog or cat was returned by an adopter, | 21 | | then the date and reason for the return. | 22 | | (6) (5) The following written statement: "A copy of our | 23 | | policy regarding warranties, refunds, or returns is | 24 | | available upon request.". | 25 | | (7) (6) The license number of the animal shelter or |
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| 1 | | animal control facility issued by the Illinois Department | 2 | | of Agriculture. | 3 | | (b) The information required in subsection (a) shall be | 4 | | provided to the adopter in written form by the animal shelter | 5 | | or animal control facility and shall have an acknowledgement of | 6 | | disclosures form, which must be signed by the adopter and an | 7 | | authorized representative of the animal shelter or animal | 8 | | control facility at the time of the adoption. The | 9 | | acknowledgement of disclosures form shall include the | 10 | | following: | 11 | | (1) A blank space for the dated signature and printed | 12 | | name of the authorized representative handling the | 13 | | adoption on behalf of the animal shelter or animal control | 14 | | facility, which shall be immediately beneath the following | 15 | | printed statement: "I hereby attest that all of the above | 16 | | information is true and correct to the best of my | 17 | | knowledge.". | 18 | | (2) A blank space for the dated signature and printed | 19 | | name of the adopter, which shall be immediately beneath the | 20 | | following statement: "I hereby attest that this disclosure | 21 | | was posted on or near the cage of the dog or cat for | 22 | | adoption and that I have read all the disclosures. I | 23 | | further understand that I am entitled to keep a signed copy | 24 | | of this disclosure.". | 25 | | (c) A copy of the disclosures and the signed | 26 | | acknowledgement of disclosures form shall be provided to the |
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| 1 | | adopter and the original copy shall be maintained by the animal | 2 | | shelter or animal control facility for a period of 2 years from | 3 | | the date of adoption. A copy of the animal shelter's or animal | 4 | | control facility's policy regarding warranties, refunds, or | 5 | | returns shall be provided to the adopter. | 6 | | (d) An animal shelter or animal control facility shall post | 7 | | in a conspicuous place in writing on or near the cage of any | 8 | | dog or cat available for adoption the information required by | 9 | | subsection (a) of this Section 3.5.
| 10 | | (Source: P.A. 96-1470, eff. 1-1-11.) | 11 | | (225 ILCS 605/3.15) | 12 | | Sec. 3.15. Dogs Disclosures for dogs and cats being sold by | 13 | | pet shops and dog dealers . | 14 | | (a) A pet shop operator or dog dealer shall not directly | 15 | | accept a dog or cat originating from an out-of-state animal | 16 | | shelter or animal control facility. Dogs and cats originating | 17 | | from an out-of-state animal shelter or animal control facility | 18 | | must be transferred to an Illinois licensed animal shelter or | 19 | | animal control facility prior to being transferred to a pet | 20 | | shop operator or dog dealer. | 21 | | (b) (a) Prior to the time of sale, every pet shop operator | 22 | | or dog dealer must, to the best of his or her knowledge, | 23 | | provide to the consumer the following information on any dog or | 24 | | cat being offered for sale: | 25 | | (1) The retail price of the dog or cat, including any |
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| 1 | | additional fees or charges. | 2 | | (2) The breed, age, date of birth, sex, and color of | 3 | | the dog or cat. | 4 | | (3) The date and description of any inoculation or | 5 | | medical treatment that the dog or cat received while under | 6 | | the possession of the pet shop operator. | 7 | | (4) The name and business address of the Illinois | 8 | | licensed animal shelter or animal control facility or dog | 9 | | dealer from where the dog or cat was transferred to the pet | 10 | | shop or dog dealer both the dog or cat breeder and the | 11 | | facility where the dog or cat was born. If the dog or cat | 12 | | breeder is located in the State, then the breeder's license | 13 | | number. If the dog or cat breeder also holds a license | 14 | | issued by the United States Department of Agriculture, the | 15 | | breeder's federal license number . If the dog or cat | 16 | | originated at an out-of-state animal shelter or animal | 17 | | control facility, a copy of the certificate of veterinary | 18 | | inspection. | 19 | | (5) (Blank). | 20 | | (6) (Blank). If eligible for registration with a | 21 | | pedigree registry, then the name and registration numbers | 22 | | of the sire and dam and the address of the pedigree | 23 | | registry where the sire and dam are registered. | 24 | | (7) If the dog or cat was returned by a customer, then | 25 | | the date and reason for the return. | 26 | | (8) A copy of the pet shop's policy regarding |
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| 1 | | warranties, refunds, or returns and an explanation of the | 2 | | remedy under subsections (f) through (m) of this Section in | 3 | | addition to any other remedies available at law . | 4 | | (9) The pet shop operator's license number issued by | 5 | | the Illinois Department of Agriculture. | 6 | | (b) The information required in subsection (a) shall be | 7 | | provided to the customer in written form by the pet shop | 8 | | operator and shall have an acknowledgement of disclosures form, | 9 | | which must be signed by the customer and the pet shop operator | 10 | | at the time of sale. The acknowledgement of disclosures form | 11 | | shall include the following: | 12 | | (1) A blank space for the dated signature and printed | 13 | | name of the pet shop operator, which shall be immediately | 14 | | beneath the following statement: "I hereby attest that all | 15 | | of the above information is true and correct to the best of | 16 | | my knowledge.". | 17 | | (2) A blank space for the customer to sign and print | 18 | | his or her name and the date, which shall be immediately | 19 | | beneath the following statement: "I hereby attest that this | 20 | | disclosure was posted on or near the cage of the dog or cat | 21 | | for sale and that I have read all of the disclosures. I | 22 | | further understand that I am entitled to keep a signed copy | 23 | | of this disclosure.". | 24 | | (c) A copy of the disclosures and the signed | 25 | | acknowledgement of disclosures form shall be provided to the | 26 | | customer at the time of sale and the original copy shall be |
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| 1 | | maintained by the pet shop operator for a period of 2 years | 2 | | from the date of sale. A copy of the pet store operator's | 3 | | policy regarding warranties, refunds, or returns shall be | 4 | | provided to the customer. | 5 | | (d) A pet shop operator shall post in a conspicuous place | 6 | | in writing on or near the cage of any dog or cat available for | 7 | | sale the information required by subsection (a) of this Section | 8 | | 3.15.
| 9 | | (e) If there is an outbreak of distemper, parvovirus, or | 10 | | any other contagious and potentially life-threatening disease, | 11 | | the pet shop operator shall notify the Department immediately | 12 | | upon becoming aware of the disease. If the Department issues a | 13 | | quarantine, the pet shop operator shall notify, in writing and | 14 | | within 2 business days of the quarantine, each customer who | 15 | | purchased a dog or cat during the 2-week period prior to the | 16 | | outbreak and quarantine. | 17 | | (f) A customer who purchased a dog or cat from a pet shop | 18 | | is entitled to a remedy under this Section if: | 19 | | (1) within 21 days after the date of sale, a licensed | 20 | | veterinarian states in writing that at the time of sale (A) | 21 | | the dog or cat was unfit for purchase due to illness or | 22 | | disease, the presence of symptoms of a contagious or | 23 | | infectious disease, or obvious signs of severe parasitism | 24 | | that are extreme enough to influence the general health of | 25 | | the animal, excluding fleas or ticks, or (B) the dog or cat | 26 | | has died from a disease that existed in the dog or cat on |
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| 1 | | or before the date of delivery to the customer; or | 2 | | (2) within one year after the date of sale, a licensed | 3 | | veterinarian states in writing that the dog or cat | 4 | | possesses a congenital or hereditary condition that | 5 | | adversely affects the health of the dog or cat or requires | 6 | | either hospitalization or a non-elective surgical | 7 | | procedure or has died of a congenital or hereditary | 8 | | condition.
Internal or external parasites may not be | 9 | | considered to adversely affect the health of the dog unless | 10 | | the presence of the parasites makes the dog or cat | 11 | | clinically ill.
The veterinarian's statement shall | 12 | | include: | 13 | | (A) the customer's name and address; | 14 | | (B) a statement that the veterinarian examined the | 15 | | dog or cat; | 16 | | (C) the date or dates that the dog or cat was | 17 | | examined; | 18 | | (D) the breed and age of the dog or cat, if known; | 19 | | (E) a statement that the dog or cat has or had a | 20 | | disease, illness, or congenital or hereditary | 21 | | condition that is subject to remedy; and | 22 | | (F) the findings of the examination or necropsy, | 23 | | including any lab results or copies of the results. | 24 | | (g) A customer entitled to a remedy under subsection (f) of | 25 | | this Section may: | 26 | | (1) return the dog or cat to the pet shop for a full |
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| 1 | | refund of the purchase price; | 2 | | (2) exchange the dog or cat for another dog or cat of | 3 | | comparable value chosen by the customer; | 4 | | (3) retain the dog or cat and be reimbursed for | 5 | | reasonable veterinary fees for diagnosis and treatment of | 6 | | the dog or cat, not to exceed the purchase price of the dog | 7 | | or cat; or | 8 | | (4) if the dog or cat is deceased, be reimbursed for | 9 | | the full purchase price of the dog or cat plus reasonable | 10 | | veterinary fees associated with the diagnosis and | 11 | | treatment of the dog or cat, not to exceed one times the | 12 | | purchase price of the dog or cat. | 13 | | For the purposes of this subsection (g), veterinary fees | 14 | | shall be considered reasonable if (i) the services provided are | 15 | | appropriate for the diagnosis and treatment of the disease, | 16 | | illness, or congenital or hereditary condition and (ii) the | 17 | | cost of the services is comparable to that charged for similar | 18 | | services by other licensed veterinarians located in close | 19 | | proximity to the treating veterinarian. | 20 | | (h) Unless the pet shop contests a reimbursement required | 21 | | under subsection (g) of this Section, the reimbursement shall | 22 | | be made to the customer no later than 10 business days after | 23 | | the pet shop operator receives the veterinarian's statement | 24 | | under subsection (f) of this Section. | 25 | | (i) To obtain a remedy under this Section, a customer | 26 | | shall: |
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| 1 | | (1) notify the pet shop as soon as reasonably possible | 2 | | and not to exceed 3 business days after a diagnosis by a | 3 | | licensed veterinarian of a disease, illness, or congenital | 4 | | or hereditary condition of the dog or cat for which the | 5 | | customer is seeking a remedy; | 6 | | (2) provide to the pet shop a written statement | 7 | | provided for under subsection (f) of this Section by a | 8 | | licensed veterinarian within 5 business days after a | 9 | | diagnosis by the veterinarian; | 10 | | (3) upon request of the pet shop, take the dog or cat | 11 | | for an examination by a second licensed veterinarian; the | 12 | | customer may either choose the second licensed | 13 | | veterinarian or allow the pet shop to choose the second | 14 | | veterinarian, if the pet shop agrees to do so. The party | 15 | | choosing the second veterinarian shall assume the cost of | 16 | | the resulting examination; and | 17 | | (4) if the customer requests a reimbursement of | 18 | | veterinary fees, provide to the pet shop an itemized bill | 19 | | for the disease, illness, or congenital or hereditary | 20 | | condition of the dog or cat for which the customer is | 21 | | seeking a remedy. | 22 | | (j) A customer is not entitled to a remedy under this | 23 | | Section if: | 24 | | (1) the illness or death resulted from: (A) | 25 | | maltreatment or neglect by the customer; (B) an injury | 26 | | sustained after the delivery of the dog or cat to the |
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| 1 | | customer; or (C) an illness or disease contracted after the | 2 | | delivery of the dog or cat to the customer; | 3 | | (2) the customer does not carry out the recommended | 4 | | treatment prescribed by the veterinarian who made the | 5 | | diagnosis; or | 6 | | (3) the customer does not return to the pet shop all | 7 | | documents provided to register the dog or cat, unless the | 8 | | documents have already been sent to the registry | 9 | | organization. | 10 | | (k) A pet shop may contest a remedy under this Section by | 11 | | having the dog or cat examined by a second licensed | 12 | | veterinarian pursuant to paragraph (3) of subsection (i) of | 13 | | this Section if the dog or cat is still living. If the dog or | 14 | | cat is deceased, the pet shop may choose to have the second | 15 | | veterinarian review any records provided by the veterinarian | 16 | | who examined or treated the dog or cat for the customer before | 17 | | its death. | 18 | | If the customer and the pet shop have not reached an | 19 | | agreement within 10 business days after the examination of the | 20 | | medical records and the dog or cat, if alive, or the dog's or | 21 | | cat's medical records, if deceased, by the second veterinarian, | 22 | | then: | 23 | | (1) the customer may bring suit in a court of competent | 24 | | jurisdiction to resolve the dispute; or | 25 | | (2) if the customer and the pet shop agree in writing, | 26 | | the parties may submit the dispute to binding arbitration. |
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| 1 | | If the court or arbiter finds that either party acted in | 2 | | bad faith in seeking or denying the requested remedy, then the | 3 | | offending party may be required to pay reasonable attorney's | 4 | | fees and court costs of the adverse party. | 5 | | (l) This Section shall not apply to any adoption of dogs or | 6 | | cats, including those in which a pet shop or other organization | 7 | | rents or donates space to facilitate the adoption. | 8 | | (m) If a pet shop offers its own warranty on a pet, a | 9 | | customer may choose to waive the remedies provided under | 10 | | subsection (f) of this Section in favor of choosing the | 11 | | warranty provided by the pet shop. If a customer waives the | 12 | | rights provided by subsection (f), the only remedies available | 13 | | to the customer are those provided by the pet shop's warranty. | 14 | | For the statement to be an effective waiver of the customer's | 15 | | right to refund or exchange the animal under subsection (f), | 16 | | the pet shop must provide, in writing, a statement of the | 17 | | remedy under subsection (f) that the customer is waiving as | 18 | | well as a written copy of the pet shop's warranty. For the | 19 | | statement to be an effective waiver of the customer's right to | 20 | | refund or exchange the animal under subsection (f), it shall be | 21 | | substantially similar to the following language: | 22 | | "I have agreed to accept the warranty provided by the | 23 | | pet shop in lieu of the remedies under subsection (f) of | 24 | | Section 3.15 of the Animal Welfare Act. I have received a | 25 | | copy of the pet shop's warranty and a statement of the | 26 | | remedies provided under subsection (f) of Section 3.15 of |
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| 1 | | the Animal Welfare Act. This is a waiver pursuant to | 2 | | subsection (m) of Section 3.15 of the Animal Welfare Act | 3 | | whereby I, the customer, relinquish any and all right to | 4 | | return the animal for congenital and hereditary disorders | 5 | | provided by subsection (f) of Section 3.15 of the Animal | 6 | | Welfare Act. I agree that my exclusive remedy is the | 7 | | warranty provided by the pet shop at the time of sale.". | 8 | | (Source: P.A. 98-509, eff. 1-1-14; 98-593, eff. 11-15-13.)".
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