Full Text of SB1639 98th General Assembly
SB1639sam002 98TH GENERAL ASSEMBLY | Sen. Dan Kotowski Filed: 4/15/2013
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| 1 | | AMENDMENT TO SENATE BILL 1639
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1639 by replacing | 3 | | everything after the enacting clause with the following:
| 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. |
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| 1 | | (3) The date and description details of any inoculation | 2 | | or medical treatment that the dog or cat received while | 3 | | under the possession of the pet shop operator. | 4 | | (4) The name and business address of both the dog or | 5 | | cat breeder and the facility where the dog or cat was born. | 6 | | If the dog or cat breeder is located in the State, then the | 7 | | breeder's license number. If the dog or cat breeder also | 8 | | holds a license issued by the United States Department of | 9 | | Agriculture, the breeder's federal license identification | 10 | | number. | 11 | | (5) (Blank). Any known congenital or hereditary | 12 | | diseases of the parents of the dog or cat, or the parents' | 13 | | other offspring. | 14 | | (6) If eligible for registration with a pedigree | 15 | | registry, then the name and registration numbers of the | 16 | | sire and dam and the address of the pedigree registry where | 17 | | the sire and dam are registered. | 18 | | (7) If the dog or cat was returned by a customer, then | 19 | | the date and reason for the return. | 20 | | (8) The following written statement: "A copy of our | 21 | | policy regarding warranties, refunds, or returns is | 22 | | available upon request. Customers may be entitled to a | 23 | | remedy under subsections (f) through (l) 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 | | (b) The information required in subsection (a) shall be | 2 | | provided to the customer in written form by the pet shop | 3 | | operator and shall have an acknowledgement of disclosures form, | 4 | | which must be signed by the customer and the pet shop operator | 5 | | at the time of sale. The acknowledgement of disclosures form | 6 | | shall include the following: | 7 | | (1) A blank space for the dated signature and printed | 8 | | name of the pet shop operator, which shall be immediately | 9 | | beneath the following statement: "I hereby attest that all | 10 | | of the above information is true and correct to the best of | 11 | | my knowledge.". | 12 | | (2) A blank space for the customer to sign and print | 13 | | his or her name and the date, which shall be immediately | 14 | | beneath the following statement: "I hereby attest that this | 15 | | disclosure was posted on or near the cage of the dog or cat | 16 | | for sale and that I have read all of the disclosures. I | 17 | | further understand that I am entitled to keep a signed copy | 18 | | of this disclosure.". | 19 | | (c) A copy of the disclosures and the signed | 20 | | acknowledgement of disclosures form shall be provided to the | 21 | | customer at the time of sale and the original copy shall be | 22 | | maintained by the pet shop operator for a period of 2 years | 23 | | from the date of sale. A copy of the pet store operator's | 24 | | policy regarding warranties, refunds, or returns shall be | 25 | | provided to the customer. | 26 | | (d) A pet shop operator shall post in a conspicuous place |
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| 1 | | in writing on or near the cage of any dog or cat available for | 2 | | sale the information required by subsection (a) of this Section | 3 | | 3.15.
| 4 | | (e) If there is an outbreak of distemper, parvovirus, or | 5 | | any other contagious and potentially life-threatening disease, | 6 | | the pet shop operator shall notify the Department immediately | 7 | | upon becoming aware of the disease. If the Department issues a | 8 | | quarantine, the pet shop operator shall notify, in writing and | 9 | | within 2 business days of the quarantine, each customer who | 10 | | purchased a dog or cat during the 2-week period prior to the | 11 | | outbreak and quarantine. | 12 | | (f) A customer who purchased a dog or cat from a pet shop | 13 | | is entitled to a remedy under this Section if: | 14 | | (1) within 21 days after the date of sale, a licensed | 15 | | veterinarian states in writing that (A) the dog or cat | 16 | | possesses a disease or illness that adversely affects the | 17 | | health of the dog or cat and the disease existed in the dog | 18 | | or cat on or before the date of delivery to the customer or | 19 | | (B) the dog or cat has died from a disease that existed in | 20 | | the dog or cat on or before the date of delivery to the | 21 | | customer; or | 22 | | (2) within one year after the date of sale, a licensed | 23 | | veterinarian states in writing that the dog or cat | 24 | | possesses a congenital or hereditary condition that | 25 | | adversely affects the health of the dog or cat or requires | 26 | | either hospitalization or a non-elective surgical |
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| 1 | | procedure or has died of a congenital or hereditary | 2 | | condition.
Internal or external parasites may not be | 3 | | considered to adversely affect the health of the dog unless | 4 | | the presence of the parasites makes the dog or cat | 5 | | clinically ill.
The veterinarian's statement shall | 6 | | include: | 7 | | (A) the customer's name and address; | 8 | | (B) a statement that the veterinarian examined the | 9 | | dog or cat; | 10 | | (C) the date or dates that the dog or cat was | 11 | | examined; | 12 | | (D) the breed and age of the dog or cat, if known; | 13 | | (E) a statement that the dog or cat has or had a | 14 | | disease, illness, or congenital or hereditary | 15 | | condition that is subject to remedy; and | 16 | | (F) the findings of the examination or necropsy, | 17 | | including any lab results or copies of the results. | 18 | | (g) A customer entitled to a remedy under subsection (f) of | 19 | | this Section may: | 20 | | (1) return the dog or cat to the pet shop for a full | 21 | | refund of the purchase price; | 22 | | (2) exchange the dog or cat for another dog or cat of | 23 | | comparable value chosen by the customer; | 24 | | (3) retain the dog or cat and be reimbursed for | 25 | | reasonable veterinary fees for diagnosis and treatment of | 26 | | the dog or cat, not to exceed 2 times the purchase price of |
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| 1 | | the dog or cat; or | 2 | | (4) if the dog or cat is deceased, be reimbursed for | 3 | | the full purchase price of the dog or cat plus reasonable | 4 | | veterinary fees associated with the diagnosis and | 5 | | treatment of the dog or cat, not to exceed 2 times the | 6 | | purchase price of the dog or cat. | 7 | | For the purposes of this subsection (g), veterinary fees | 8 | | shall be considered reasonable if (i) the services provided are | 9 | | appropriate for the diagnosis and treatment of the disease, | 10 | | illness, or congenital or hereditary condition and (ii) the | 11 | | cost of the services is comparable to that charged for similar | 12 | | services by other licensed veterinarians located in close | 13 | | proximity to the treating veterinarian. | 14 | | (h) Unless the pet shop contests a reimbursement required | 15 | | under subsection (g) of this Section, the reimbursement shall | 16 | | be made to the customer no later than 10 business days after | 17 | | the pet shop operator receives the veterinarian's statement | 18 | | under subsection (f) of this Section. | 19 | | (i) To obtain a remedy under this Section, a customer | 20 | | shall: | 21 | | (1) notify the pet shop as soon as reasonably possible | 22 | | and not to exceed 3 business days after a diagnosis by a | 23 | | licensed veterinarian of a disease, illness, or congenital | 24 | | or hereditary condition of the dog or cat for which the | 25 | | customer is seeking a remedy; | 26 | | (2) provide to the pet shop a written statement |
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| 1 | | provided for under subsection (f) of this Section by a | 2 | | licensed veterinarian within 5 business days after a | 3 | | diagnosis by the veterinarian; | 4 | | (3) upon request of the pet shop, take the dog or cat | 5 | | for an examination by a second licensed veterinarian; the | 6 | | customer may either choose the second licensed | 7 | | veterinarian or allow the pet shop to choose the second | 8 | | veterinarian, if the pet shop agrees to do so. The party | 9 | | choosing the second veterinarian shall assume the cost of | 10 | | the resulting examination; and | 11 | | (4) if the customer requests a reimbursement of | 12 | | veterinary fees, provide to the pet shop an itemized bill | 13 | | for the disease, illness, or congenital or hereditary | 14 | | condition of the dog or cat for which the customer is | 15 | | seeking a remedy. | 16 | | (j) A customer is not entitled to a remedy under this | 17 | | Section if: | 18 | | (1) the illness or death resulted from: (A) | 19 | | maltreatment or neglect by the customer; (B) an injury | 20 | | sustained after the delivery of the dog or cat to the | 21 | | customer; or (C) an illness or disease contracted after the | 22 | | delivery of the dog or cat to the customer; | 23 | | (2) the customer does not carry out the recommended | 24 | | treatment prescribed by the veterinarian who made the | 25 | | diagnosis; or | 26 | | (3) the customer does not return to the pet shop all |
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| 1 | | documents provided to register the dog or cat, unless the | 2 | | documents have already been sent to the registry | 3 | | organization. | 4 | | (k) A pet shop may contest a remedy under this Section by | 5 | | having the dog or cat examined by a second licensed | 6 | | veterinarian pursuant to paragraph (3) of subsection (i) of | 7 | | this Section if the dog or cat is still living. If the dog or | 8 | | cat is deceased, the pet shop may choose to have the second | 9 | | veterinarian review any records provided by the veterinarian | 10 | | who examined or treated the dog or cat for the customer before | 11 | | its death. | 12 | | If the customer and the pet shop have not reached an | 13 | | agreement within 10 business day after the examination of the | 14 | | medical records and the dog or cat, if alive, or the dog's or | 15 | | cat's medical records, if deceased, by the second veterinarian, | 16 | | then: | 17 | | (1) the customer may bring suit in a court of competent | 18 | | jurisdiction to resolve the dispute; or | 19 | | (2) if the customer and the pet shop agree in writing, | 20 | | the parties may submit the dispute to binding arbitration. | 21 | | If the court or arbiter finds that either party acted in | 22 | | bad faith in seeking or denying the requested remedy, then the | 23 | | offending party may be required to pay reasonable attorney's | 24 | | fees and court costs of the adverse party. | 25 | | (l) This Section shall not apply to any adoption of dogs or | 26 | | cats, including those in which a pet shop or other organization |
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| 1 | | rents or donates space to facilitate the adoption. | 2 | | (Source: P.A. 96-1470, eff. 1-1-11.)".
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