Full Text of SB1639 98th General Assembly
SB1639enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Animal Welfare Act is amended by changing | 5 | | Section 3.15 as follows: | 6 | | (225 ILCS 605/3.15) | 7 | | Sec. 3.15. Disclosures for dogs and cats being sold by pet | 8 | | shops. | 9 | | (a) Prior to the time of sale, every pet shop operator | 10 | | must, to the best of his or her knowledge, provide to the | 11 | | consumer the following information on any dog or cat being | 12 | | offered for sale: | 13 | | (1) The retail price of the dog or cat, including any | 14 | | additional fees or charges. | 15 | | (2) The breed, age, date of birth, sex, and color of | 16 | | the dog or cat. | 17 | | (3) The date and description details of any inoculation | 18 | | or medical treatment that the dog or cat received while | 19 | | under the possession of the pet shop operator. | 20 | | (4) The name and business address of both the dog or | 21 | | cat breeder and the facility where the dog or cat was born. | 22 | | If the dog or cat breeder is located in the State, then the | 23 | | breeder's license number. If the dog or cat breeder also |
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| 1 | | holds a license issued by the United States Department of | 2 | | Agriculture, the breeder's federal license identification | 3 | | number. | 4 | | (5) (Blank). Any known congenital or hereditary | 5 | | diseases of the parents of the dog or cat, or the parents' | 6 | | other offspring. | 7 | | (6) If eligible for registration with a pedigree | 8 | | registry, then the name and registration numbers of the | 9 | | sire and dam and the address of the pedigree registry where | 10 | | the sire and dam are registered. | 11 | | (7) If the dog or cat was returned by a customer, then | 12 | | the date and reason for the return. | 13 | | (8) The following written statement: " A copy of the pet | 14 | | shop's our policy regarding warranties, refunds, or | 15 | | returns is available upon request." and an explanation of | 16 | | the remedy under subsections (f) through (m) of this | 17 | | Section in addition to any other remedies available at law . | 18 | | (9) The pet shop operator's license number issued by | 19 | | the Illinois Department of Agriculture. | 20 | | (b) The information required in subsection (a) shall be | 21 | | provided to the customer in written form by the pet shop | 22 | | operator and shall have an acknowledgement of disclosures form, | 23 | | which must be signed by the customer and the pet shop operator | 24 | | at the time of sale. The acknowledgement of disclosures form | 25 | | shall include the following: | 26 | | (1) A blank space for the dated signature and printed |
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| 1 | | name of the pet shop operator, which shall be immediately | 2 | | beneath the following statement: "I hereby attest that all | 3 | | of the above information is true and correct to the best of | 4 | | my knowledge.". | 5 | | (2) A blank space for the customer to sign and print | 6 | | his or her name and the date, which shall be immediately | 7 | | beneath the following statement: "I hereby attest that this | 8 | | disclosure was posted on or near the cage of the dog or cat | 9 | | for sale and that I have read all of the disclosures. I | 10 | | further understand that I am entitled to keep a signed copy | 11 | | of this disclosure.". | 12 | | (c) A copy of the disclosures and the signed | 13 | | acknowledgement of disclosures form shall be provided to the | 14 | | customer at the time of sale and the original copy shall be | 15 | | maintained by the pet shop operator for a period of 2 years | 16 | | from the date of sale. A copy of the pet store operator's | 17 | | policy regarding warranties, refunds, or returns shall be | 18 | | provided to the customer. | 19 | | (d) A pet shop operator shall post in a conspicuous place | 20 | | in writing on or near the cage of any dog or cat available for | 21 | | sale the information required by subsection (a) of this Section | 22 | | 3.15.
| 23 | | (e) If there is an outbreak of distemper, parvovirus, or | 24 | | any other contagious and potentially life-threatening disease, | 25 | | the pet shop operator shall notify the Department immediately | 26 | | upon becoming aware of the disease. If the Department issues a |
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| 1 | | quarantine, the pet shop operator shall notify, in writing and | 2 | | within 2 business days of the quarantine, each customer who | 3 | | purchased a dog or cat during the 2-week period prior to the | 4 | | outbreak and quarantine. | 5 | | (f) A customer who purchased a dog or cat from a pet shop | 6 | | is entitled to a remedy under this Section if: | 7 | | (1) within 21 days after the date of sale, a licensed | 8 | | veterinarian states in writing that at the time of sale (A) | 9 | | the dog or cat was unfit for purchase due to illness or | 10 | | disease, the presence of symptoms of a contagious or | 11 | | infectious disease, or obvious signs of severe parasitism | 12 | | that are extreme enough to influence the general health of | 13 | | the animal, excluding fleas or ticks, or (B) the dog or cat | 14 | | has died from a disease that existed in the dog or cat on | 15 | | or before the date of delivery to the customer; or | 16 | | (2) within one year after the date of sale, a licensed | 17 | | veterinarian states in writing that the dog or cat | 18 | | possesses a congenital or hereditary condition that | 19 | | adversely affects the health of the dog or cat or requires | 20 | | either hospitalization or a non-elective surgical | 21 | | procedure or has died of a congenital or hereditary | 22 | | condition.
Internal or external parasites may not be | 23 | | considered to adversely affect the health of the dog unless | 24 | | the presence of the parasites makes the dog or cat | 25 | | clinically ill.
The veterinarian's statement shall | 26 | | include: |
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| 1 | | (A) the customer's name and address; | 2 | | (B) a statement that the veterinarian examined the | 3 | | dog or cat; | 4 | | (C) the date or dates that the dog or cat was | 5 | | examined; | 6 | | (D) the breed and age of the dog or cat, if known; | 7 | | (E) a statement that the dog or cat has or had a | 8 | | disease, illness, or congenital or hereditary | 9 | | condition that is subject to remedy; and | 10 | | (F) the findings of the examination or necropsy, | 11 | | including any lab results or copies of the results. | 12 | | (g) A customer entitled to a remedy under subsection (f) of | 13 | | this Section may: | 14 | | (1) return the dog or cat to the pet shop for a full | 15 | | refund of the purchase price; | 16 | | (2) exchange the dog or cat for another dog or cat of | 17 | | comparable value chosen by the customer; | 18 | | (3) retain the dog or cat and be reimbursed for | 19 | | reasonable veterinary fees for diagnosis and treatment of | 20 | | the dog or cat, not to exceed the purchase price of the dog | 21 | | or cat; or | 22 | | (4) if the dog or cat is deceased, be reimbursed for | 23 | | the full purchase price of the dog or cat plus reasonable | 24 | | veterinary fees associated with the diagnosis and | 25 | | treatment of the dog or cat, not to exceed 2 times the | 26 | | purchase price of the dog or cat. |
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| 1 | | For the purposes of this subsection (g), veterinary fees | 2 | | shall be considered reasonable if (i) the services provided are | 3 | | appropriate for the diagnosis and treatment of the disease, | 4 | | illness, or congenital or hereditary condition and (ii) the | 5 | | cost of the services is comparable to that charged for similar | 6 | | services by other licensed veterinarians located in close | 7 | | proximity to the treating veterinarian. | 8 | | (h) Unless the pet shop contests a reimbursement required | 9 | | under subsection (g) of this Section, the reimbursement shall | 10 | | be made to the customer no later than 10 business days after | 11 | | the pet shop operator receives the veterinarian's statement | 12 | | under subsection (f) of this Section. | 13 | | (i) To obtain a remedy under this Section, a customer | 14 | | shall: | 15 | | (1) notify the pet shop as soon as reasonably possible | 16 | | and not to exceed 3 business days after a diagnosis by a | 17 | | licensed veterinarian of a disease, illness, or congenital | 18 | | or hereditary condition of the dog or cat for which the | 19 | | customer is seeking a remedy; | 20 | | (2) provide to the pet shop a written statement | 21 | | provided for under subsection (f) of this Section by a | 22 | | licensed veterinarian within 5 business days after a | 23 | | diagnosis by the veterinarian; | 24 | | (3) upon request of the pet shop, take the dog or cat | 25 | | for an examination by a second licensed veterinarian; the | 26 | | customer may either choose the second licensed |
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| 1 | | veterinarian or allow the pet shop to choose the second | 2 | | veterinarian, if the pet shop agrees to do so. The party | 3 | | choosing the second veterinarian shall assume the cost of | 4 | | the resulting examination; and | 5 | | (4) if the customer requests a reimbursement of | 6 | | veterinary fees, provide to the pet shop an itemized bill | 7 | | for the disease, illness, or congenital or hereditary | 8 | | condition of the dog or cat for which the customer is | 9 | | seeking a remedy. | 10 | | (j) A customer is not entitled to a remedy under this | 11 | | Section if: | 12 | | (1) the illness or death resulted from: (A) | 13 | | maltreatment or neglect by the customer; (B) an injury | 14 | | sustained after the delivery of the dog or cat to the | 15 | | customer; or (C) an illness or disease contracted after the | 16 | | delivery of the dog or cat to the customer; | 17 | | (2) the customer does not carry out the recommended | 18 | | treatment prescribed by the veterinarian who made the | 19 | | diagnosis; or | 20 | | (3) the customer does not return to the pet shop all | 21 | | documents provided to register the dog or cat, unless the | 22 | | documents have already been sent to the registry | 23 | | organization. | 24 | | (k) A pet shop may contest a remedy under this Section by | 25 | | having the dog or cat examined by a second licensed | 26 | | veterinarian pursuant to paragraph (3) of subsection (i) of |
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| 1 | | this Section if the dog or cat is still living. If the dog or | 2 | | cat is deceased, the pet shop may choose to have the second | 3 | | veterinarian review any records provided by the veterinarian | 4 | | who examined or treated the dog or cat for the customer before | 5 | | its death. | 6 | | If the customer and the pet shop have not reached an | 7 | | agreement within 10 business days after the examination of the | 8 | | medical records and the dog or cat, if alive, or the dog's or | 9 | | cat's medical records, if deceased, by the second veterinarian, | 10 | | then: | 11 | | (1) the customer may bring suit in a court of competent | 12 | | jurisdiction to resolve the dispute; or | 13 | | (2) if the customer and the pet shop agree in writing, | 14 | | the parties may submit the dispute to binding arbitration. | 15 | | If the court or arbiter finds that either party acted in | 16 | | bad faith in seeking or denying the requested remedy, then the | 17 | | offending party may be required to pay reasonable attorney's | 18 | | fees and court costs of the adverse party. | 19 | | (l) This Section shall not apply to any adoption of dogs or | 20 | | cats, including those in which a pet shop or other organization | 21 | | rents or donates space to facilitate the adoption. | 22 | | (m) If a pet shop offers its own warranty on a pet, a | 23 | | customer may choose to waive the remedies provided under | 24 | | subsection (f) of this Section in favor of choosing the | 25 | | warranty provided by the pet shop. If a customer waives the | 26 | | rights provided by subsection (f), the only remedies available |
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| 1 | | to the customer are those provided by the pet shop's warranty. | 2 | | For the statement to be an effective waiver of the customer's | 3 | | right to refund or exchange the animal under subsection (f), | 4 | | the pet shop must provide, in writing, a statement of the | 5 | | remedy under subsection (f) that the customer is waiving as | 6 | | well as a written copy of the pet shop's warranty. For the | 7 | | statement to be an effective waiver of the customer's right to | 8 | | refund or exchange the animal under subsection (f), it shall be | 9 | | substantially similar to the following language: | 10 | | "I have agreed to accept the warranty provided by the | 11 | | pet shop in lieu of the remedies under subsection (f) of | 12 | | Section 3.15 of the Animal Welfare Act. I have received a | 13 | | copy of the pet shop's warranty and a statement of the | 14 | | remedies provided under subsection (f) of Section 3.15 of | 15 | | the Animal Welfare Act. This is a waiver pursuant to | 16 | | subsection (m) of Section 3.15 of the Animal Welfare Act | 17 | | whereby I, the customer, relinquish any and all right to | 18 | | return the animal for congenital and hereditary disorders | 19 | | provided by subsection (f) of Section 3.15 of the Animal | 20 | | Welfare Act. I agree that my exclusive remedy is the | 21 | | warranty provided by the pet shop at the time of sale.". | 22 | | (Source: P.A. 96-1470, eff. 1-1-11.)
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