Full Text of SB0633 098th General Assembly
SB0633enr 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 of any inoculation or | 18 | | medical treatment that the dog or cat received while under | 19 | | 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 number. | 3 | | (5) (Blank). | 4 | | (6) If eligible for registration with a pedigree | 5 | | registry, then the name and registration numbers of the | 6 | | sire and dam and the address of the pedigree registry where | 7 | | the sire and dam are registered. | 8 | | (7) If the dog or cat was returned by a customer, then | 9 | | the date and reason for the return. | 10 | | (8) A copy of the pet shop's policy regarding | 11 | | warranties, refunds, or returns and an explanation of the | 12 | | remedy under subsections (f) through (m) of this Section in | 13 | | addition to any other remedies available at law. | 14 | | (9) The pet shop operator's license number issued by | 15 | | the Illinois Department of Agriculture. | 16 | | (b) The information required in subsection (a) shall be | 17 | | provided to the customer in written form by the pet shop | 18 | | operator and shall have an acknowledgement of disclosures form, | 19 | | which must be signed by the customer and the pet shop operator | 20 | | at the time of sale. The acknowledgement of disclosures form | 21 | | 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 this | 4 | | disclosure was posted on or near the cage of the dog or cat | 5 | | for sale and that I have read all of the disclosures. I | 6 | | further understand that I am entitled to keep a signed copy | 7 | | of this disclosure.". | 8 | | (c) A copy of the disclosures and the signed | 9 | | acknowledgement of disclosures form shall be provided to the | 10 | | customer at the time of sale and the original copy shall be | 11 | | maintained by the pet shop operator for a period of 2 years | 12 | | from the date of sale. A copy of the pet store operator's | 13 | | policy regarding warranties, refunds, or returns shall be | 14 | | provided to the customer. | 15 | | (d) A pet shop operator shall post in a conspicuous place | 16 | | in writing on or near the cage of any dog or cat available for | 17 | | sale the information required by subsection (a) of this Section | 18 | | 3.15.
| 19 | | (e) If there is an outbreak of distemper, parvovirus, or | 20 | | any other contagious and potentially life-threatening disease, | 21 | | the pet shop operator shall notify the Department immediately | 22 | | upon becoming aware of the disease. If the Department issues a | 23 | | quarantine, the pet shop operator shall notify, in writing and | 24 | | within 2 business days of the quarantine, each customer who | 25 | | purchased a dog or cat during the 2-week period prior to the | 26 | | outbreak and quarantine. |
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| 1 | | (f) A customer who purchased a dog or cat from a pet shop | 2 | | is 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 (A) | 5 | | 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 unless | 20 | | 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) of | 9 | | 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 2 times the | 22 | | purchase price of the dog or cat. | 23 | | For the purposes of this subsection (g), veterinary fees | 24 | | shall be considered reasonable if (i) the services provided are | 25 | | appropriate for the diagnosis and treatment of the disease, | 26 | | illness, or congenital or hereditary condition and (ii) the |
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| 1 | | cost of the services is comparable to that charged for similar | 2 | | services by other licensed veterinarians located in close | 3 | | proximity to the treating veterinarian. | 4 | | (h) Unless the pet shop contests a reimbursement required | 5 | | under subsection (g) of this Section, the reimbursement shall | 6 | | be made to the customer no later than 10 business days after | 7 | | the pet shop operator receives the veterinarian's statement | 8 | | under subsection (f) of this Section. | 9 | | (i) To obtain a remedy under this Section, a customer | 10 | | shall: | 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 | 7 | | Section 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 the | 12 | | 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 | 21 | | having the dog or cat examined by a second licensed | 22 | | veterinarian pursuant to paragraph (3) of subsection (i) of | 23 | | this Section if the dog or cat is still living. If the dog or | 24 | | cat is deceased, the pet shop may choose to have the second | 25 | | veterinarian review any records provided by the veterinarian | 26 | | who examined or treated the dog or cat for the customer before |
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| 1 | | its death. | 2 | | If the customer and the pet shop have not reached an | 3 | | agreement within 10 business days after the examination of the | 4 | | medical records and the dog or cat, if alive, or the dog's or | 5 | | cat's medical records, if deceased, by the second veterinarian, | 6 | | then: | 7 | | (1) the customer may bring suit in a court of competent | 8 | | 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 | 12 | | bad faith in seeking or denying the requested remedy, then the | 13 | | offending party may be required to pay reasonable attorney's | 14 | | fees and court costs of the adverse party. | 15 | | (l) This Section shall not apply to any adoption of dogs or | 16 | | cats, including those in which a pet shop or other organization | 17 | | rents or donates space to facilitate the adoption. | 18 | | (m) If a pet shop offers its own warranty on a pet, a | 19 | | customer may choose to waive the remedies provided under | 20 | | subsection (f) of this Section in favor of choosing the | 21 | | warranty provided by the pet shop. If a customer waives the | 22 | | rights provided by subsection (f), the only remedies available | 23 | | to the customer are those provided by the pet shop's warranty. | 24 | | For the statement to be an effective waiver of the customer's | 25 | | right to refund or exchange the animal under subsection (f), | 26 | | the pet shop must provide, in writing, a statement of the |
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| 1 | | remedy under subsection (f) that the customer is waiving as | 2 | | well as a written copy of the pet shop's warranty. For the | 3 | | statement to be an effective waiver of the customer's right to | 4 | | refund or exchange the animal under subsection (f), it shall be | 5 | | substantially similar to the following language: | 6 | | "I have agreed to accept the warranty provided by the | 7 | | pet shop in lieu of the remedies under subsection (f) of | 8 | | Section 3.15 of the Animal Welfare Act. I have received a | 9 | | copy of the pet shop's warranty and a statement of the | 10 | | remedies provided under subsection (f) of Section 3.15 of | 11 | | the Animal Welfare Act. This is a waiver pursuant to | 12 | | subsection (m) of Section 3.15 of the Animal Welfare Act | 13 | | whereby I, the customer, relinquish any and all right to | 14 | | return the animal for congenital and hereditary disorders | 15 | | provided by subsection (f) of Section 3.15 of the Animal | 16 | | Welfare Act. I agree that my exclusive remedy is the | 17 | | warranty provided by the pet shop at the time of sale.". | 18 | | (Source: P.A. 98-509, eff. 1-1-14.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law. |
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