101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3078

 

Introduced 2/6/2020, by Sen. Cristina Castro

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 605/2  from Ch. 8, par. 302
225 ILCS 605/3.8
225 ILCS 605/3.9 new
225 ILCS 605/3.15
225 ILCS 605/20  from Ch. 8, par. 320
225 ILCS 605/20.5

    Amends the Animal Welfare Act. Provides that a pet shop operator may offer for sale a dog or cat only if the dog or cat is obtained from an animal control facility or animal shelter. Provides that an animal control facility or animal shelter that supplies dogs or cats to pet shop operators to be offered for sale shall not be a dog breeder or a cat breeder or obtain dogs or cats from a dog breeder, a cat breeder, a person who resells dogs or cats from a breeder, or a person who sells dogs or cats at auction in exchange for payment or compensation. Defines the term "offer for sale" and modifies the definitions of "pet shop operator" and "animal shelter". Effective 180 days after becoming law.


LRB101 16024 SPS 65386 b

 

 

A BILL FOR

 

SB3078LRB101 16024 SPS 65386 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Animal Welfare Act is amended by changing
5Sections 2, 3.8, 3.15, 20 and 20.5 and by adding Section 3.9 as
6follows:
 
7    (225 ILCS 605/2)  (from Ch. 8, par. 302)
8    Sec. 2. Definitions. As used in this Act unless the context
9otherwise requires:
10    "Department" means the Illinois Department of Agriculture.
11    "Director" means the Director of the Illinois Department of
12Agriculture.
13    "Pet shop operator" means any person who sells, offers to
14sell, exchange, or offers for adoption with or without charge
15or donation dogs, cats, birds, fish, reptiles, or other animals
16customarily obtained as pets in this State at retail to the
17public. However, a person who sells only such animals that he
18has produced and raised shall not be considered a pet shop
19operator under this Act, and a veterinary hospital or clinic
20operated by a veterinarian or veterinarians licensed under the
21Veterinary Medicine and Surgery Practice Act of 2004 shall not
22be considered a pet shop operator under this Act.
23    "Dog dealer" means any person who sells, offers to sell,

 

 

SB3078- 2 -LRB101 16024 SPS 65386 b

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

 

 

SB3078- 3 -LRB101 16024 SPS 65386 b

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

 

 

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

 

 

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1means to return the cat to field after it has been sterilized
2and vaccinated for rabies.
3    "Sentry dog" means a dog trained to work without
4supervision in a fenced facility other than a farm, and to
5deter or detain unauthorized persons found within the facility.
6    "Probationary status" means the 12-month period following
7a series of violations of this Act during which any further
8violation shall result in an automatic 12-month suspension of
9licensure.
10    "Owner" means any person having a right of property in an
11animal, who keeps or harbors an animal, who has an animal in
12his or her care or acts as its custodian, or who knowingly
13permits a dog to remain on any premises occupied by him or her.
14"Owner" does not include a feral cat caretaker participating in
15a trap, spay/neuter, vaccinate for rabies, and return program.
16    "Offer for sale" means to display, sell, exchange for
17consideration, offer for adoption, advertise for the sale of,
18barter, auction, give away, or otherwise dispose of animals.
19(Source: P.A. 100-842, eff. 1-1-19; 100-870, eff. 1-1-19;
20101-81, eff. 7-12-19; 101-295, eff. 8-9-19.)
 
21    (225 ILCS 605/3.8)
22    Sec. 3.8. Prohibition Sourcing of dogs and cats sold by pet
23shops; recordkeeping.
24    (a) A pet shop operator may offer for sale a dog or cat
25only if the dog or cat is obtained from an animal control

 

 

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1facility or animal shelter, located in-state or out-of-state,
2that is in compliance with Section 3.9.
3    (b) A pet shop operator shall keep a record of each dog or
4cat offered for sale. The record must be kept on file for a
5period of 2 years following the acquisition of each dog or cat,
6made available to the Department upon request, and submitted to
7the Department on May 1 and November 1 of each year. The record
8shall include the following:
9        (1) name, address, and phone number of the animal
10    control facility or animal shelter each dog or cat was
11    obtained from; and
12        (2) documentation from the animal control facility or
13    animal shelter each dog or cat was obtained from
14    demonstrating compliance with Section 3.9, including the
15    circumstances that led to the animal control facility or
16    animal shelter obtaining ownership of the dog or cat and
17    any other information indicating the dog or cat was not
18    obtained from a source prohibited in Section 3.9.
19    (c) In addition to the penalties set forth in Section 20.5,
20a pet shop operator that violates subsection (a) shall no
21longer offer for sale a dog or cat regardless of where the dog
22or cat was obtained.
23    (a) A pet shop operator may not obtain a dog or cat for
24resale or sell or offer for sale any dog or cat obtained from a
25person who is required to be licensed by the pet dealer
26regulations of the United States Department of Agriculture

 

 

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1under the federal Animal Welfare Act (7 U.S.C. 2131 et seq.) if
2any of the following applies to the original breeder:
3        (1) The person is not currently licensed by the United
4    States Department of Agriculture under the federal Animal
5    Welfare Act.
6        (2) During the 2-year period before the day the dog or
7    cat is received by the pet shop, the person received a
8    direct or critical non-compliant citation on a final
9    inspection report from the United States Department of
10    Agriculture under the federal Animal Welfare Act.
11        (3) During the 2-year period before the day the dog or
12    cat is received by the pet shop, the person received 3 or
13    more non-compliant citations on a final inspection report
14    from the United States Department of Agriculture for
15    violations relating to the health or welfare of the animal
16    and the violations were not administrative in nature.
17        (4) The person received a no-access violation on each
18    of the 3 most recent final inspection reports from the
19    United States Department of Agriculture.
20    (b) A pet shop operator is presumed to have acted in good
21faith and to have satisfied its obligation to ascertain whether
22a person meets the criteria described in subsection (a) of this
23Section if, when placing an order to obtain a dog or cat for
24sale or resale, the pet shop operator conducts a search for
25inspection reports that are readily available of the breeder on
26the Animal Care Information System online search tool

 

 

SB3078- 8 -LRB101 16024 SPS 65386 b

1maintained by the United States Department of Agriculture. If
2inspection reports are not readily available on the United
3States Department of Agriculture website, the pet shop operator
4must obtain the inspection reports from the person or persons
5required to meet the criteria described in subsection (a) of
6this Section.
7    (c) Notwithstanding subsections (a) and (b) of this
8Section, a pet shop operator may obtain a dog or cat for resale
9or sell or offer for sale any dog or cat obtained from: (1) a
10person that sells dogs only he or she has produced and raised
11and who is not required to be licensed by the United States
12Department of Agriculture, (2) a publicly operated pound or a
13private non-profit humane society or rescue, or (3) an animal
14adoption event conducted by a pound or humane society.
15    (d) A pet shop operator shall maintain records verifying
16its compliance with this Section for 2 years after obtaining
17the dog or cat to be sold or offered for sale. Records
18maintained pursuant to this subsection (d) shall be open to
19inspection on request by a Department of Agriculture inspector.
20(Source: P.A. 100-322, eff. 8-24-17.)
 
21    (225 ILCS 605/3.9 new)
22    Sec. 3.9. Animal control facilities and animal shelters
23supplying to pet shop operators.
24    (a) An animal control facility or animal shelter that
25supplies dogs or cats to pet shop operators to be offered for

 

 

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1sale shall not be a dog breeder or a cat breeder or obtain dogs
2or cats from a dog breeder, a cat breeder, a person who resells
3dogs or cats from a breeder, or a person who sells dogs or cats
4at auction in exchange for payment or compensation.
5    (b) An animal control facility or animal shelter that
6supplies dogs or cats to pet shops to be offered for sale shall
7provide pet shops with documentation demonstrating compliance
8with this Section, including a description of the ownership
9history of each dog or cat supplied, if known, the
10circumstances that led to ownership of the dog or cat, and any
11other information indicating the dog or cat was not obtained
12from a source prohibited in this Section.
 
13    (225 ILCS 605/3.15)
14    Sec. 3.15. Disclosures for dogs and cats being sold by pet
15shops.
16    (a) Prior to the time of sale, every pet shop operator
17must, to the best of his or her knowledge, provide to the
18consumer the following information on any dog or cat being
19offered for sale:
20        (1) The retail price of the dog or cat, including any
21    additional fees or charges.
22        (2) The breed or breeds, if known, age, date of birth,
23    sex, and color of the dog or cat.
24        (3) The date and description of any inoculation or
25    medical treatment that the dog or cat received while under

 

 

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1    the possession of the pet shop operator, and any
2    inoculation or medical treatment that the dog or cat
3    received while under the possession of the animal control
4    facility or animal shelter that the pet shop operator is
5    aware of.
6        (4) Sourcing information required in subsection (b) of
7    Section 3.8. The name and business address of both the dog
8    or cat breeder and the facility where the dog or cat was
9    born. If the dog or cat breeder is located in the State,
10    then the breeder's license number. If the dog or cat
11    breeder also holds a license issued by the United States
12    Department of Agriculture, the breeder's federal license
13    number.
14        (5) (Blank).
15        (6) (Blank). If eligible for registration with a
16    pedigree registry, then the name and registration numbers
17    of the sire and dam and the address of the pedigree
18    registry where the sire and dam are registered.
19        (7) If the dog or cat was returned by a customer, then
20    the date and reason for the return.
21        (8) A copy of the pet shop's policy regarding
22    warranties, refunds, or returns and an explanation of the
23    remedy under subsections (f) through (m) of this Section in
24    addition to any other remedies available at law.
25        (9) The pet shop operator's license number issued by
26    the Illinois Department of Agriculture.

 

 

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1        (10) Disclosure that the dog or cat has been
2    microchipped and the microchip has been enrolled in a
3    nationally searchable database. Pet stores must also
4    disclose that the purchaser has the option to list the pet
5    store as a secondary contact on the microchip.
6    (a-5) All dogs and cats shall be microchipped by a pet shop
7operator prior to sale.
8    (b) The information required in subsection (a) shall be
9provided to the customer in written form by the pet shop
10operator and shall have an acknowledgement of disclosures form,
11which must be signed by the customer and the pet shop operator
12at the time of sale. The acknowledgement of disclosures form
13shall include the following:
14        (1) A blank space for the dated signature and printed
15    name of the pet shop operator, which shall be immediately
16    beneath the following statement: "I hereby attest that all
17    of the above information is true and correct to the best of
18    my knowledge.".
19        (2) A blank space for the customer to sign and print
20    his or her name and the date, which shall be immediately
21    beneath the following statement: "I hereby attest that this
22    disclosure was posted on or near the cage of the dog or cat
23    for sale and that I have read all of the disclosures. I
24    further understand that I am entitled to keep a signed copy
25    of this disclosure.".
26    (c) A copy of the disclosures and the signed

 

 

SB3078- 12 -LRB101 16024 SPS 65386 b

1acknowledgement of disclosures form shall be provided to the
2customer at the time of sale and the original copy shall be
3maintained by the pet shop operator for a period of 2 years
4from the date of sale. A copy of the pet store operator's
5policy regarding warranties, refunds, or returns shall be
6provided to the customer.
7    (d) A pet shop operator shall post in a conspicuous place
8in writing on or near the cage of any dog or cat available for
9sale the information required by subsection (a) of this Section
103.15.
11    (e) If there is an outbreak of distemper, parvovirus, or
12any other contagious and potentially life-threatening disease,
13the pet shop operator shall notify the Department immediately
14upon becoming aware of the disease. If the Department issues a
15quarantine, the pet shop operator shall notify, in writing and
16within 2 business days of the quarantine, each customer who
17purchased a dog or cat during the 2-week period prior to the
18outbreak and quarantine.
19    (f) A customer who purchased a dog or cat from a pet shop
20is entitled to a remedy under this Section if:
21        (1) within 21 days after the date of sale, a licensed
22    veterinarian states in writing that at the time of sale (A)
23    the dog or cat was unfit for purchase due to illness or
24    disease, the presence of symptoms of a contagious or
25    infectious disease, or obvious signs of severe parasitism
26    that are extreme enough to influence the general health of

 

 

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1    the animal, excluding fleas or ticks, or (B) the dog or cat
2    has died from a disease that existed in the dog or cat on
3    or before the date of delivery to the customer; or
4        (2) within one year after the date of sale, a licensed
5    veterinarian states in writing that the dog or cat
6    possesses a congenital or hereditary condition that
7    adversely affects the health of the dog or cat or requires
8    either hospitalization or a non-elective surgical
9    procedure or has died of a congenital or hereditary
10    condition. Internal or external parasites may not be
11    considered to adversely affect the health of the dog unless
12    the presence of the parasites makes the dog or cat
13    clinically ill. The veterinarian's statement shall
14    include:
15            (A) the customer's name and address;
16            (B) a statement that the veterinarian examined the
17        dog or cat;
18            (C) the date or dates that the dog or cat was
19        examined;
20            (D) the breed and age of the dog or cat, if known;
21            (E) a statement that the dog or cat has or had a
22        disease, illness, or congenital or hereditary
23        condition that is subject to remedy; and
24            (F) the findings of the examination or necropsy,
25        including any lab results or copies of the results.
26    (g) A customer entitled to a remedy under subsection (f) of

 

 

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1this Section may:
2        (1) return the dog or cat to the pet shop for a full
3    refund of the purchase price;
4        (2) exchange the dog or cat for another dog or cat of
5    comparable value chosen by the customer;
6        (3) retain the dog or cat and be reimbursed for
7    reasonable veterinary fees for diagnosis and treatment of
8    the dog or cat, not to exceed the purchase price of the dog
9    or cat; or
10        (4) if the dog or cat is deceased, be reimbursed for
11    the full purchase price of the dog or cat plus reasonable
12    veterinary fees associated with the diagnosis and
13    treatment of the dog or cat, not to exceed one times the
14    purchase price of the dog or cat.
15    For the purposes of this subsection (g), veterinary fees
16shall be considered reasonable if (i) the services provided are
17appropriate for the diagnosis and treatment of the disease,
18illness, or congenital or hereditary condition and (ii) the
19cost of the services is comparable to that charged for similar
20services by other licensed veterinarians located in close
21proximity to the treating veterinarian.
22    (h) Unless the pet shop contests a reimbursement required
23under subsection (g) of this Section, the reimbursement shall
24be made to the customer no later than 10 business days after
25the pet shop operator receives the veterinarian's statement
26under subsection (f) of this Section.

 

 

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1    (i) To obtain a remedy under this Section, a customer
2shall:
3        (1) notify the pet shop as soon as reasonably possible
4    and not to exceed 3 business days after a diagnosis by a
5    licensed veterinarian of a disease, illness, or congenital
6    or hereditary condition of the dog or cat for which the
7    customer is seeking a remedy;
8        (2) provide to the pet shop a written statement
9    provided for under subsection (f) of this Section by a
10    licensed veterinarian within 5 business days after a
11    diagnosis by the veterinarian;
12        (3) upon request of the pet shop, take the dog or cat
13    for an examination by a second licensed veterinarian; the
14    customer may either choose the second licensed
15    veterinarian or allow the pet shop to choose the second
16    veterinarian, if the pet shop agrees to do so. The party
17    choosing the second veterinarian shall assume the cost of
18    the resulting examination; and
19        (4) if the customer requests a reimbursement of
20    veterinary fees, provide to the pet shop an itemized bill
21    for the disease, illness, or congenital or hereditary
22    condition of the dog or cat for which the customer is
23    seeking a remedy.
24    (j) A customer is not entitled to a remedy under this
25Section if:
26        (1) the illness or death resulted from: (A)

 

 

SB3078- 16 -LRB101 16024 SPS 65386 b

1    maltreatment or neglect by the customer; (B) an injury
2    sustained after the delivery of the dog or cat to the
3    customer; or (C) an illness or disease contracted after the
4    delivery of the dog or cat to the customer;
5        (2) the customer does not carry out the recommended
6    treatment prescribed by the veterinarian who made the
7    diagnosis; or
8        (3) the customer does not return to the pet shop all
9    documents provided to register the dog or cat, unless the
10    documents have already been sent to the registry
11    organization.
12    (k) A pet shop may contest a remedy under this Section by
13having the dog or cat examined by a second licensed
14veterinarian pursuant to paragraph (3) of subsection (i) of
15this Section if the dog or cat is still living. If the dog or
16cat is deceased, the pet shop may choose to have the second
17veterinarian review any records provided by the veterinarian
18who examined or treated the dog or cat for the customer before
19its death.
20    If the customer and the pet shop have not reached an
21agreement within 10 business days after the examination of the
22medical records and the dog or cat, if alive, or the dog's or
23cat's medical records, if deceased, by the second veterinarian,
24then:
25        (1) the customer may bring suit in a court of competent
26    jurisdiction to resolve the dispute; or

 

 

SB3078- 17 -LRB101 16024 SPS 65386 b

1        (2) if the customer and the pet shop agree in writing,
2    the parties may submit the dispute to binding arbitration.
3    If the court or arbiter finds that either party acted in
4bad faith in seeking or denying the requested remedy, then the
5offending party may be required to pay reasonable attorney's
6fees and court costs of the adverse party.
7    (l) This Section shall not apply to any adoption of dogs or
8cats, including those in which a pet shop or other organization
9rents or donates space to facilitate the adoption.
10    (m) If a pet shop offers its own warranty on a pet, a
11customer may choose to waive the remedies provided under
12subsection (f) of this Section in favor of choosing the
13warranty provided by the pet shop. If a customer waives the
14rights provided by subsection (f), the only remedies available
15to the customer are those provided by the pet shop's warranty.
16For the statement to be an effective waiver of the customer's
17right to refund or exchange the animal under subsection (f),
18the pet shop must provide, in writing, a statement of the
19remedy under subsection (f) that the customer is waiving as
20well as a written copy of the pet shop's warranty. For the
21statement to be an effective waiver of the customer's right to
22refund or exchange the animal under subsection (f), it shall be
23substantially similar to the following language:
24        "I have agreed to accept the warranty provided by the
25    pet shop in lieu of the remedies under subsection (f) of
26    Section 3.15 of the Animal Welfare Act. I have received a

 

 

SB3078- 18 -LRB101 16024 SPS 65386 b

1    copy of the pet shop's warranty and a statement of the
2    remedies provided under subsection (f) of Section 3.15 of
3    the Animal Welfare Act. This is a waiver pursuant to
4    subsection (m) of Section 3.15 of the Animal Welfare Act
5    whereby I, the customer, relinquish any and all right to
6    return the animal for congenital and hereditary disorders
7    provided by subsection (f) of Section 3.15 of the Animal
8    Welfare Act. I agree that my exclusive remedy is the
9    warranty provided by the pet shop at the time of sale.".
10(Source: P.A. 100-322, eff. 8-24-17.)
 
11    (225 ILCS 605/20)  (from Ch. 8, par. 320)
12    Sec. 20. Any person violating any provision of this Act,
13other than a violation of Section 3.8 of this Act, or any rule,
14regulation, or order of the Department issued pursuant to this
15Act is guilty of a Class C misdemeanor and every day a
16violation continues constitutes a separate offense.
17(Source: P.A. 89-178, eff. 7-19-95.)
 
18    (225 ILCS 605/20.5)
19    Sec. 20.5. Administrative fines. The following
20administrative fines shall may be imposed by the Department
21upon any person or entity who violates any provision of this
22Act or any rule adopted by the Department under this Act:
23        (1) For the first violation, a fine of $500 $1,000.
24        (2) For a second violation that occurs within 3 2 years

 

 

SB3078- 19 -LRB101 16024 SPS 65386 b

1    after the first violation, a fine of $1,000 $2,500.
2        (3) For a third violation that occurs within 3 2 years
3    after the first violation, mandatory probationary status
4    and a fine of $2,500 $3,000.
5    If a person or entity fails or refuses to pay an
6administrative fine authorized by this Section, the Department
7may prohibit that person or entity from renewing a license
8under this Act until the fine is paid in full. Any penalty of
9$500 or more not paid within 120 days of issuance by the
10Department shall be submitted to the Department of Revenue for
11collection as provided under the Illinois State Collection Act
12of 1986.
13(Source: P.A. 101-295, eff. 8-9-19.)
 
14    Section 97. Severability. The provisions of this Act are
15severable under Section 1.31 of the Statute on Statutes.
 
16    Section 99. Effective date. This Act takes effect 180 days
17after becoming law.