Full Text of HB0203 95th General Assembly
HB0203 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0203
Introduced 1/19/2007, by Rep. Paul D. Froehlich SYNOPSIS AS INTRODUCED: |
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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. |
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A BILL FOR
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HB0203 |
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| AN ACT concerning business transactions.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the Retail | 5 |
| Sale of Dogs and
Cats Act.
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| Section 5. Definitions. As used in this Act:
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| "Animal" means a dog or cat.
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| "Cat" means any live or dead cat (Felis catus) or any | 9 |
| cat-hybrid cross.
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| "Dog" means any live or dead dog (Canis familiaris) or any | 11 |
| dog-hybrid cross.
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| "Person" means any individual, corporation, partnership, | 13 |
| association,
municipality, or
other legal entity.
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| "Clinically ill" means having an illness that is apparent | 15 |
| to a veterinarian
based on
observation, examination, or testing | 16 |
| of an animal, or upon review of the
medical records
relating to | 17 |
| an animal.
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| "Department" means the Department of Agriculture.
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| "Pet dealer" means any person, pet-shop operator, dog | 20 |
| dealer, kennel
operator, or cattery
operator as defined in | 21 |
| Section 2 of the Animal Welfare Act. For the purposes
of this | 22 |
| Act, "pet dealer" includes breeders who sell animals, except | 23 |
| that a
breeder who
sells
directly to the consumer fewer than 25 |
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| animals per year that are born and
raised on the
breeder's | 2 |
| residential premises shall not be considered a pet dealer as a | 3 |
| result
of the sale of
those animals. The term does not include | 4 |
| animal shelters licensed under the Animal Welfare Act or duly | 5 |
| incorporated humane societies
dedicated to
the care of unwanted | 6 |
| animals that make those animals available for adoption,
whether | 7 |
| or
not a fee is charged for the adoption.
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| "Nonelective surgical procedure" means, with respect to an | 9 |
| animal, a surgical
procedure
that is necessary to preserve or | 10 |
| restore the health of an animal, to prevent the
animal from
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| experiencing pain or discomfort, or to correct a condition that | 12 |
| would interfere
with
an animal's ability to walk, run, jump, or | 13 |
| otherwise function in a normal
manner.
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| "Purchaser" means a person who purchases an animal from a | 15 |
| pet dealer without
the intent
to resell the animal.
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| Section 10. Examination for sickness. Before being placed | 17 |
| with other
animals, an animal
received by a pet dealer must be | 18 |
| examined for sickness by a licensed
veterinarian and
tested for | 19 |
| brucellosis. An animal found to be afflicted with a contagious
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| disease must be
kept caged separately from healthy animals and | 21 |
| receive veterinary treatment.
All animals
must be inoculated as | 22 |
| required by State or local law. Veterinary care
appropriate to | 23 |
| the
species must be provided without undue delay when | 24 |
| necessary. Each animal must
be
observed each day by the pet | 25 |
| dealer or by a person working under the pet
dealer's
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| supervision.
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| Section 15. Written statement by pet dealer.
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| (a) A pet dealer must deliver to the purchaser of an | 4 |
| animal, at the time of
sale, a
written statement in a | 5 |
| standardized form prescribed by the Department
containing the | 6 |
| following information:
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| (1) The breeder's and broker's names and addresses if | 8 |
| known, or, if not
known, the source of the animal. If the | 9 |
| person from whom the animal was
obtained is a dealer | 10 |
| licensed by the United States Department of
Agriculture, | 11 |
| the statement shall include the person's name, address, and
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| federal dealer identification number.
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| (2) The date of the animal's birth and the date and | 14 |
| location where the
dealer
received the animal. If the | 15 |
| animal is not advertised or sold as purebred,
registered, | 16 |
| or registrable, the date of birth may be approximated if | 17 |
| not
known by the dealer.
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| (3) The breed, sex, color, and identifying marks at the | 19 |
| time of sale, if
any.
If the animal is from a source | 20 |
| licensed by the United States Department of
Agriculture, | 21 |
| the statement must include the individual identifying tag,
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| tattoo, or collar number for that animal. If the breed is | 23 |
| unknown or mixed,
the record must so indicate.
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| (4) If a dog is being sold as being capable of | 25 |
| registration, the names
and
registration numbers of the |
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| sire and dam, and the litter number if known.
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| (5) A record of the immunization and worming | 3 |
| treatments, if any,
administered to the animal before the | 4 |
| time of sale, including the dates of
administration and the | 5 |
| type of vaccine or worming treatment.
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| (6) A record of any known disease or sickness with | 7 |
| which the animal is
afflicted at the time of sale.
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| (7) A record of any veterinary treatment or medication | 9 |
| received by the
animal while in possession of the pet | 10 |
| dealer or breeder and either of the
following:
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| (A) A statement, signed by the pet dealer at the | 12 |
| time of sale, that
(i) the animal has no known disease | 13 |
| or illness and (ii) the animal has
no known congenital | 14 |
| or hereditary condition that adversely
affects the | 15 |
| health of the animal at the time of sale or that is | 16 |
| likely
to adversely affect the health of the animal in | 17 |
| the future.
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| (B) A record of any known congenital or hereditary | 19 |
| condition,
disease, or illness that adversely affects | 20 |
| the health of the animal at
the time of sale or is | 21 |
| likely to adversely affect the health of the
animal in | 22 |
| the future, along with a statement signed by a licensed
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| veterinarian that authorizes the sale of the animal, | 24 |
| recommends
necessary treatment, if any, and verifies | 25 |
| that the condition,
disease, or illness does not | 26 |
| require hospitalization or
nonelective surgical |
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| procedures and is not likely to require
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| hospitalization or nonelective surgical procedures in | 3 |
| the future.
A veterinarian's statement is not required | 4 |
| for intestinal or
external parasites unless their | 5 |
| presence makes the animal
clinically ill or is likely | 6 |
| to make the animal clinically ill. The
statement shall | 7 |
| be valid for 7 business days following
examination of | 8 |
| the animal by the veterinarian.
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| (b) The pet dealer must also orally disclose to the | 10 |
| purchaser all
medical information
required to be disclosed in | 11 |
| the written statement under subsection (a).
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| (c) A written statement under subsection (a) must be signed | 13 |
| by both
the
pet
dealer,
certifying the accuracy of the | 14 |
| statement, and the purchaser of the animal,
acknowledging | 15 |
| receipt of the statement.
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| (d) A pet dealer is responsible for disclosure of a | 17 |
| disease, illness, or
congenital or
hereditary condition that | 18 |
| adversely affects the health of an animal at the time
of
sale | 19 |
| or
is likely to adversely affect the health of the animal in | 20 |
| the future if the
disease,
illness, or condition is apparent at | 21 |
| the time of sale or should have been known
by
the pet dealer | 22 |
| from the history of veterinary treatment disclosed under this
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| Section.
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| Section 20. Pet dealer's records. A pet dealer must | 25 |
| maintain a written
record
on the health and disposition of an |
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| animal for a period of not less than one
year after
disposition | 2 |
| of the animal. The record must also contain all of the | 3 |
| information
required to be disclosed under this Act. The record | 4 |
| must be available for
inspection
during normal business hours | 5 |
| to Department investigators and approved humane
investigators | 6 |
| (as those terms are defined in the Humane Care for Animals | 7 |
| Act),
administrators, deputy administrators, and animal | 8 |
| control wardens (as those
terms are
defined in the Animal | 9 |
| Control Act), authorized Department employees, and law
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| enforcement officers. On or before January 10 of each year, | 11 |
| every pet dealer
must
report to the Department the numbers of | 12 |
| dogs and cats sold by the dealer or euthanized, and
each | 13 |
| animal's
origin
and disposition.
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| Section 25. Violation, penalty. Except as otherwise | 15 |
| specified in this Act,
a
person violating any provision of this | 16 |
| Act other than Section 30 is subject to
a civil
penalty of not | 17 |
| more than $1,000 per violation. An action to enforce collection
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| of the
penalty may be prosecuted in the name of the People of | 19 |
| the State of Illinois by
the
State's Attorney for the county | 20 |
| where the violation is alleged to have
occurred.
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| Section 30. Unlawful acts.
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| (a) It is unlawful for a pet dealer to fail to do any of the | 23 |
| following:
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| (1) Maintain facilities where animals are kept in a |
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| sanitary
condition.
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| (2) Provide animals with adequate nutrition and | 3 |
| potable water.
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| (3) Provide adequate space appropriate to the age, | 5 |
| size, weight,
and breed of animal. "Adequate space" means | 6 |
| sufficient
space for the animal to stand up, sit down, and | 7 |
| turn about
freely using normal body movements without the | 8 |
| head
touching the top of the crate in which the animal is | 9 |
| kept, and to lie in a
natural position
with legs | 10 |
| outstretched.
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| (4) Provide animals housed on wire flooring with a rest | 12 |
| board,
floor mat, or similar device that can be maintained | 13 |
| in a
sanitary condition.
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| (5) Provide dogs with adequate socialization and | 15 |
| exercise.
"Socialization" means physical contact with | 16 |
| other dogs or
with human beings.
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| (6) Wash hands before and after handling each | 18 |
| infectious or
contagious animal.
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| (7) Provide cats with a litter box and scratching post.
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| (8) Maintain either of the following:
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| (A) A fire-alarm system that is connected to a | 22 |
| central
reporting station that alerts the local fire | 23 |
| department
in case of fire.
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| (B) A fire-suppression sprinkler system.
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| (9) Provide veterinary care without delay when | 26 |
| necessary.
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| (b) A pet dealer may not possess an animal that is less
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| than 8 weeks old.
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| Section 35. Ill or diseased animals; remedies.
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| (a) If (i) a veterinarian licensed in this State states in | 5 |
| writing that,
within 14 days after the purchaser took physical
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| possession of an animal sold to the purchaser by a pet dealer, | 7 |
| the animal
has become ill due to any illness that existed in | 8 |
| the animal on or
before delivery of the animal to the | 9 |
| purchaser, or (ii) within one
year after the purchaser took | 10 |
| physical possession of an animal
sold to the purchaser by a pet | 11 |
| dealer, a veterinarian licensed in this State
states in writing
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| that the animal has a congenital or hereditary condition that
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| adversely affects the health of the animal or that requires, or | 14 |
| is
likely in the future to require, hospitalization or | 15 |
| nonelective
surgical procedures, then the animal shall be | 16 |
| considered unfit for sale,
and the pet dealer must provide the | 17 |
| purchaser with any one of the
following remedies that the | 18 |
| purchaser elects:
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| (1) The purchaser may return the animal to the pet | 20 |
| dealer
for a refund of the purchase price, including sales | 21 |
| tax, paid by the purchaser,
and also receive
reimbursement | 22 |
| for reasonable veterinary fees for the diagnosis and
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| treatment of the animal in an amount not to exceed the | 24 |
| original
purchase price of the animal, including sales tax, | 25 |
| paid by the purchaser.
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| (2) The purchaser may exchange the animal for an animal
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| of the purchaser's choice of equivalent value if a | 3 |
| replacement
animal is available, and may also receive | 4 |
| reimbursement for
reasonable veterinary fees for diagnosis | 5 |
| and treatment of the
animal in an amount not to exceed the | 6 |
| original purchase price of
the animal, including sales tax, | 7 |
| paid by the purchaser.
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| (3) The purchaser may retain the animal and receive
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| reimbursement for reasonable veterinary fees for diagnosis | 10 |
| and
treatment of the animal in an amount not to exceed 150% | 11 |
| of the
original purchase price of the animal, including | 12 |
| sales tax, paid by the
purchaser.
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| (b) If an animal purchased from a pet dealer has died, | 14 |
| regardless of the
date of the death of the
animal, the | 15 |
| purchaser may obtain a refund for the purchase price of the
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| animal, including sales tax, paid by the purchaser or a | 17 |
| replacement animal of
equivalent value of the
purchaser's | 18 |
| choice, and may receive reimbursement for reasonable
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| veterinary fees for diagnosis and treatment of the animal in an | 20 |
| amount not
to exceed the original purchase price of the animal, | 21 |
| including sales tax, paid
by the purchaser if either
of the | 22 |
| following conditions exist:
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| (1) A veterinarian licensed in this State states in | 24 |
| writing
that the animal has died due to an illness or | 25 |
| disease that
existed in the animal on or before delivery of | 26 |
| the animal to the purchaser.
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| (2) A veterinarian licensed in this State states in | 2 |
| writing
that the animal has died due to a congenital or
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| hereditary condition that was diagnosed by the
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| veterinarian within one year after the purchaser
obtained | 5 |
| physical possession of the animal
from the pet dealer.
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| (c) A finding by a veterinarian of intestinal or external | 7 |
| parasites is
not grounds for declaring an animal unfit for sale | 8 |
| unless their presence
makes the animal clinically ill or is | 9 |
| likely to make the animal clinically ill.
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| (d) The value of veterinary services shall be deemed | 11 |
| reasonable if
the services rendered are appropriate for the | 12 |
| diagnosis and treatment of
illness or a
congenital or | 13 |
| hereditary condition by the veterinarian and the value of | 14 |
| similar
services is
comparable to the value of similar services | 15 |
| rendered by other licensed
veterinarians in the
same | 16 |
| geographical area.
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| Section 40. Purchaser's entitlement to remedies. To be | 18 |
| entitled to a remedy
under
Section 35, a purchaser must | 19 |
| substantially comply with all of the following
requirements:
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| (1) The purchaser must notify the pet dealer as soon as | 21 |
| possible, but not
more
than 14 business days after the | 22 |
| diagnosis by a veterinarian licensed in this
State, of a | 23 |
| medical or health problem of an animal purchased from the | 24 |
| pet
dealer, including a congenital or hereditary | 25 |
| condition, and of the name and
telephone number of the |
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| veterinarian providing the diagnosis.
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| (2) The purchaser must provide the pet dealer, in the | 3 |
| event of the
animal's
death,
with a written statement from | 4 |
| a veterinarian licensed in this State stating
that
the | 5 |
| animal died from an illness that existed on or before the | 6 |
| delivery of the
animal to the purchaser. The presentation | 7 |
| of the statement is sufficient proof
to claim reimbursement | 8 |
| or replacement, and the return of the deceased animal to
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| the pet dealer is not required.
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| Section 45. Exceptions to remedies. Notwithstanding | 11 |
| Section 35, no refund
of
the purchase price of an animal, | 12 |
| replacement of an animal, or reimbursement of
veterinary fees | 13 |
| shall be made if any of the following conditions exist:
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| (1) The animal's illness or death resulted from | 15 |
| maltreatment or neglect or
from an injury sustained or an | 16 |
| illness contracted after the delivery of
the animal to the | 17 |
| purchaser.
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| (2) The purchaser fails to carry out the recommended | 19 |
| treatment prescribed
by the examining veterinarian who | 20 |
| made the initial diagnosis. This
paragraph (2) does not | 21 |
| apply, however, if the cost for the treatment,
together | 22 |
| with the veterinarian's fee for the diagnosis, would exceed | 23 |
| the
purchase price of the animal, including sales tax, paid | 24 |
| by the purchaser.
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| (3) A veterinarian's statement was provided to the |
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| purchaser under
Section 15 of this Act that disclosed the | 2 |
| disease, illness, or condition
for which the purchaser | 3 |
| seeks to return the animal. This paragraph (3)
does not | 4 |
| apply, however, if, within one year after the purchaser | 5 |
| took
physical possession of the animal, a veterinarian | 6 |
| licensed in this State
states in writing that the disease, | 7 |
| illness, or condition requires, or is
likely in the future | 8 |
| to require, hospitalization or nonelective surgical
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| procedures or that the disease, illness, or condition | 10 |
| resulted in the
death of the animal.
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| (4) The purchaser refuses to return to the pet dealer | 12 |
| all documents
previously provided to the purchaser for the | 13 |
| purpose of registering the
animal. This paragraph (4) does | 14 |
| not apply, however, if the purchaser
signs a written | 15 |
| statement certifying that the documents have been
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| inadvertently lost or destroyed.
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| Section 50. Veterinarian's statement.
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| (a) The veterinarian's statement under Section 35 must | 19 |
| contain
the following information:
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| (1) The purchaser's name and address.
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| (2) The date or dates the animal was examined.
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| (3) The animal's breed, age, and microchip number if | 23 |
| known.
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| (4) A statement that the veterinarian examined the | 25 |
| animal.
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| (5) A statement that the animal has or had an illness
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| rendering it unfit for purchase or resulting in its death.
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| (6) The precise findings of the examination or | 4 |
| necropsy,
including laboratory results or copies of | 5 |
| laboratory
reports.
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| (b) If a refund for reasonable veterinary expenses is | 7 |
| requested,
the veterinarian's statement must be accompanied by | 8 |
| an
itemized bill of fees appropriate for the diagnosis and
| 9 |
| treatment of the illness or congenital or hereditary condition.
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| (c) Unless contested, refunds and payment of reimbursable
| 11 |
| expenses under Section 35 must be paid by the pet dealer to
the | 12 |
| purchaser no later than 14 business days following
receipt of | 13 |
| the veterinarian's statement required by Section 35
or, if | 14 |
| applicable, no later than 14 business days after the
animal is | 15 |
| returned to the pet dealer.
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| Section 55. Contesting a demand for remedy.
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| (a) If a pet dealer wishes to contest a demand for any
| 18 |
| remedy under Section 35, the dealer may, except in
the case of | 19 |
| the death of the animal, require the
purchaser to produce the | 20 |
| animal for examination by
a licensed veterinarian designated by | 21 |
| the pet dealer.
The pet dealer must pay the cost of this
| 22 |
| examination.
| 23 |
| (b) If the purchaser and the pet dealer are unable to
reach | 24 |
| an agreement within 14 days following the pet dealer's
receipt | 25 |
| of the veterinarian's
statement under Section 35, or within 14 |
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| days
following receipt of the animal for examination by
a | 2 |
| veterinarian designated by the pet dealer,
whichever is later, | 3 |
| the purchaser may bring an
action in the circuit court to | 4 |
| resolve the dispute or
the parties may submit to binding | 5 |
| arbitration if
mutually agreed upon by the parties in writing.
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| (c) The prevailing party in the dispute is entitled to
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| collect reasonable attorney's fees.
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| Section 60. Written notice of rights. A pet dealer who | 9 |
| sells an animal
must
provide a
written notice of rights to the | 10 |
| purchaser at the time of sale and to a
prospective purchaser
| 11 |
| upon request. The notice must be contained in a separate | 12 |
| document. The notice
must be
in 10-point type. A copy of the | 13 |
| notice must be signed by the purchaser
acknowledging
that he or | 14 |
| she has reviewed the notice. The notice must be in the | 15 |
| following
form:
| 16 |
| "NOTICE OF RIGHTS CONCERNING THE SALE OF CATS AND DOGS
| 17 |
| The sale of cats and dogs is subject to Illinois | 18 |
| consumer-protection laws.
If
an Illinois-licensed veterinarian | 19 |
| states in writing that your cat or dog is
unfit for
purchase | 20 |
| because it
became ill due to an illness or disease that existed | 21 |
| within 14 days following
delivery to
you, or within one year | 22 |
| following delivery to you in the case of a congenital
or | 23 |
| hereditary condition, you may choose to do one of the | 24 |
| following:
| 25 |
| (1) You may return your cat or dog and receive a refund |
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| of the
purchase price, plus sales tax, and receive
| 2 |
| reimbursement of reasonable veterinary fees up to the
| 3 |
| purchase price of the cat or dog, including sales tax.
| 4 |
| (2) If a replacement cat or dog is available, you may | 5 |
| return your cat
or dog and receive a cat or dog of your | 6 |
| choice of
equivalent value and receive reimbursement for
| 7 |
| reasonable veterinary fees up to the purchase price of the | 8 |
| cat or
dog, including sales tax.
| 9 |
| (3) You may keep your cat or dog and receive | 10 |
| reimbursement for
reasonable veterinary fees up to 150% of | 11 |
| the original
purchase price of the cat or dog, including | 12 |
| sales tax.
| 13 |
| You may receive a refund for the purchase price of the cat | 14 |
| or dog, plus sales
tax, or a
replacement cat or dog of your | 15 |
| choice of equivalent value, and reimbursement
for
reasonable | 16 |
| veterinary fees for the diagnosis and treatment of the cat or | 17 |
| dog,
if your cat or
dog dies and an Illinois-licensed | 18 |
| veterinarian states in writing that (1) the
cat or dog has
died | 19 |
| due to an illness or disease that existed in the animal on or
| 20 |
| before delivery of the animal to you or (2) the
cat or dog has
| 21 |
| died due to a congenital or hereditary condition that was | 22 |
| diagnosed by the
veterinarian
within one year after you | 23 |
| obtained physical possession of the cat or dog
from the
pet | 24 |
| dealer. The reimbursement for reasonable veterinary fees may | 25 |
| not exceed
the
purchase price of the cat or dog, including | 26 |
| sales tax.
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| To exercise these rights, you must notify the pet dealer as | 2 |
| quickly as
possible but not later
than 14 business days after | 3 |
| learning from your veterinarian that a problem
exists. You
must | 4 |
| tell the pet dealer about the problem and give the pet dealer | 5 |
| the name and
telephone
number of the veterinarian providing the | 6 |
| diagnosis.
| 7 |
| If you are making a claim, you must also present to the pet | 8 |
| dealer (i) a
veterinarian's written
statement, in a form | 9 |
| prescribed by law, that the cat or dog was unfit for
purchase | 10 |
| and (ii) an
itemized statement of all veterinary fees related | 11 |
| to the claim. This
information must be
presented to the pet | 12 |
| dealer no later than 5 days after you have received the
written
| 13 |
| statement from the veterinarian.
| 14 |
| If the pet dealer wishes to contest the statement or the | 15 |
| veterinarian's bill,
the pet dealer
may request that you | 16 |
| produce the cat or dog for examination by a licensed
| 17 |
| veterinarian of
the pet dealer's choice. The pet dealer must | 18 |
| pay the cost of this examination.
| 19 |
| In the event of the death of the cat or dog, the deceased | 20 |
| cat or dog need not
be returned to
the pet dealer if you submit | 21 |
| a statement issued by a licensed veterinarian
stating the cause
| 22 |
| of death.
| 23 |
| If you and the pet dealer cannot resolve the claim within | 24 |
| 14 business days
following
receipt of the veterinarian's | 25 |
| statement or the examination by the pet dealer's
veterinarian,
| 26 |
| whichever event occurs later, you may file an action in the |
|
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| circuit court to
resolve the
dispute. The prevailing party may | 2 |
| collect reasonable attorney's fees. If the
pet dealer
does not | 3 |
| contest the matter, the pet dealer must make the refund or
| 4 |
| reimbursement no
later than 14 days after receiving the | 5 |
| veterinarian's statement.
| 6 |
| This notice contains a summary of key provisions of the | 7 |
| consumer remedies
available.
Illinois law also provides | 8 |
| safeguards to protect pet dealers from abuse. If
you have any
| 9 |
| questions, obtain a copy of the complete relevant laws.
| 10 |
| NOTE: This notice contains a summary of Illinois law. The | 11 |
| law on which it
is
based is contained in the Retail Sale of | 12 |
| Dogs and Cats Act."
| 13 |
| The pet dealer must permit persons to review the written | 14 |
| notice upon request.
| 15 |
| Section 65. Other remedies; additional terms. Nothing in | 16 |
| this Act in any
way
limits the
rights or remedies that are | 17 |
| otherwise available to a consumer under any other
law, nor
does | 18 |
| this Act in any way limit the pet dealer and the purchaser from | 19 |
| agreeing
between
themselves upon additional terms and | 20 |
| conditions that are not inconsistent with
this Act.
Any | 21 |
| agreement or contract by a purchaser to waive any rights under | 22 |
| this Act is
null and
void, however, and is unenforceable.
| 23 |
| Section 70. Representations concerning pedigree; dogs. A | 24 |
| pet dealer may not
state,
promise, or represent to a purchaser, |
|
|
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| directly or indirectly, that a dog is
registered or
capable of | 2 |
| being registered with an animal pedigree registry organization
| 3 |
| unless the pet
dealer provides the purchaser with the documents | 4 |
| necessary for that
registration within
120 days following the | 5 |
| date of sale of the dog. If a pet dealer fails to
provide the
| 6 |
| documents necessary for registration within 120 days following | 7 |
| the date of sale
in
violation of this Section, the purchaser is | 8 |
| entitled, upon written notice to
the pet dealer, to
(i) retain | 9 |
| the dog and receive a partial refund of 75% of the purchase | 10 |
| price,
including sales tax, paid by the purchaser
or (ii) | 11 |
| return the dog for a full refund of the purchase price, | 12 |
| including sales
tax, paid by the purchaser.
| 13 |
| Section 75. Diseased or ill animal; penalties.
| 14 |
| (a) Except as provided in subdivision (a)(6) of Section 15, | 15 |
| a pet
dealer
may not
knowingly sell an animal that is diseased, | 16 |
| is ill, or has a condition requiring
hospitalization or a | 17 |
| surgical procedure. Instead of the civil penalties
imposed
| 18 |
| under
Section 25, a pet dealer who violates this Section is | 19 |
| subject to a civil
penalty of not less
than $500 but not more | 20 |
| than $1,000 for a first offense, and is also subject to
a | 21 |
| suspension of the
dealer's license
to sell animals so that the | 22 |
| dealer is prohibited from selling animals for 60
days. For a
| 23 |
| second offense, the pet dealer is subject to a civil penalty of | 24 |
| not less than
$1,000 but not
more than $2,500 and a suspension | 25 |
| of the dealer's license to sell
animals so
that the dealer is |
|
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| prohibited from selling animals for 6 months. For a third
| 2 |
| offense, the
pet dealer is subject to a civil penalty of not | 3 |
| less than $2,500 but not more
than $5,000
and shall be | 4 |
| prohibited from selling animals for 3 years. For a
fourth
| 5 |
| offense, the pet dealer's license shall be automatically | 6 |
| revoked for a period
of 5 years. A
pet dealer whose license has | 7 |
| been revoked may not apply for a pet dealer
license during
the | 8 |
| period of revocation.
| 9 |
| (b) An action to enforce collection of the civil penalty | 10 |
| and for a court
order prohibiting
the pet dealer from selling | 11 |
| animals under this Section may be prosecuted in the
name of
the | 12 |
| People of the State of Illinois by the State's Attorney for the | 13 |
| county
where the
violation is alleged to have occurred.
| 14 |
| (c) If a pet dealer knowingly sells an animal that is | 15 |
| diseased, is ill, or has a
condition
requiring hospitalization | 16 |
| or a surgical procedure, except as provided in
subdivision
| 17 |
| (a)(6) of Section 15, the Department may revoke or refuse to | 18 |
| issue or
renew the
person's pet dealer license.
| 19 |
| Section 80. Examination of animal before sale; euthanasia.
| 20 |
| (a) An animal may not be offered for sale by a pet dealer | 21 |
| to a purchaser
until the
animal has been examined by a | 22 |
| veterinarian licensed in this State. Each
animal must be
| 23 |
| examined within 5 days after the pet dealer receives the animal | 24 |
| and at least once every 15
days
thereafter while the animal is | 25 |
| in the possession or custody of the pet dealer.
The pet
dealer |
|
|
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| must provide a sick animal with proper veterinary care without | 2 |
| delay.
| 3 |
| (b) An animal diagnosed with a contagious or infectious | 4 |
| disease, illness, or
condition must be crated separately from | 5 |
| healthy animals until a licensed
veterinarian
determines that | 6 |
| the animal is free from contagion or infection. The separate
| 7 |
| area in which the animal is crated must
meet
the following | 8 |
| conditions:
| 9 |
| (1) The area may not be used to house other healthy
| 10 |
| animals or new arrivals awaiting the required veterinary
| 11 |
| examination.
| 12 |
| (2) The area may not be used for storing open food
| 13 |
| containers or bowls, dishes, or other utensils that come
in | 14 |
| contact with healthy animals.
| 15 |
| (3) The area must have an exhaust fan that creates air
| 16 |
| movement from the isolation area to an area outside the
| 17 |
| premises of the pet dealer. The removal of exhaust air
from | 18 |
| the isolation area may be accomplished by the use
of | 19 |
| existing heating and air-conditioning ducts if no
exhaust | 20 |
| air is permitted to enter or mix with fresh air
for use by | 21 |
| the general animal population.
| 22 |
| (4) Upon removal of all of the contagious or infectious
| 23 |
| animals, the area must be cleaned and disinfected
before | 24 |
| any healthy animal may be placed in the area.
| 25 |
| (c) If the pet dealer's veterinarian deems the animal to be | 26 |
| unfit for
purchase
due to
a disease, illness, or congenital |
|
|
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| condition, any of which is fatal or causes,
or is
likely to | 2 |
| cause, the animal to unduly suffer, the veterinarian shall | 3 |
| humanely
euthanize the animal. The veterinarian must provide | 4 |
| the pet dealer with a
written
statement as to why the animal | 5 |
| was euthanized. Otherwise, the pet dealer must
have a | 6 |
| veterinarian treat the animal or may surrender the animal to a | 7 |
| humane
organization that consents to receive the animal.
| 8 |
| (d) If an animal is returned to a pet dealer due to | 9 |
| illness, disease, or a
congenital or hereditary condition | 10 |
| requiring veterinary care, the pet
dealer must provide the | 11 |
| animal with proper veterinary care.
| 12 |
| Section 85. Notice to consumers.
| 13 |
| (a) A pet dealer must post conspicuously, within proximity | 14 |
| to the cages of
animals
offered for sale, a notice containing | 15 |
| the following language in 100-point type:
| 16 |
| "Information on the source of these animals and veterinary | 17 |
| treatments
received
by these
animals is available for review. | 18 |
| You are entitled to a written notice of
rights concerning
the | 19 |
| sale of cats and dogs."
| 20 |
| (b) Upon request for information regarding an animal, a pet | 21 |
| dealer must make
immediately available to prospective | 22 |
| purchasers all of the information required
to be
disclosed to | 23 |
| purchasers under Section 15 and Section 60.
| 24 |
| (c) At the time of sale of an animal, a pet dealer must | 25 |
| provide the
purchaser with
information on the value of spaying |
|
|
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| and neutering dogs and cats.
| 2 |
| Section 90. Construction.
Nothing in this Act shall be | 3 |
| construed to limit or restrict approved humane
investigators,
| 4 |
| Department investigators, law enforcement officers, or animal | 5 |
| control wardens
from
enforcing the Humane Care for Animals Act, | 6 |
| the Animal Welfare Act, or any other
law
relating to the humane | 7 |
| treatment of or cruelty to animals.
| 8 |
| Section 99. Effective date. This Act takes effect January | 9 |
| 1, 2008. |
|