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Public Act 100-0322


 

Public Act 0322 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0322
 
SB1882 EnrolledLRB100 06286 SMS 16323 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be referred to as the
Best Practices and Uniform Standards to Ensure Consumer
Protection and Safe Pets Act.
 
    Section 5. The Animal Welfare Act is amended by changing
Sections 3.1, 3.6, and 3.15 and by adding Section 3.8 as
follows:
 
    (225 ILCS 605/3.1)  (from Ch. 8, par. 303.1)
    Sec. 3.1. Information on dogs and cats for sale by a dog
dealer or cattery operator. Every dog dealer and cattery
operator shall provide the following information for every dog
or cat available for sale:
    (a) The age, sex, and weight of the animal.
    (b) The breed of the animal.
    (c) A record of vaccinations and veterinary care and
treatment.
    (d) A record of surgical sterilization or lack of surgical
sterilization.
    (e) The name and address of the breeder of the animal.
    (f) The name and address of any other person who owned or
harbored the animal between its birth and the point of sale.
    (g) Documentation that indicates that the dog or cat has
been microchipped and the microchip has been enrolled in a
nationally searchable database.
(Source: P.A. 96-1470, eff. 1-1-11.)
 
    (225 ILCS 605/3.6)
    Sec. 3.6. Acceptance of stray dogs and cats.
    (a) No animal shelter may accept a stray dog or cat unless
the animal is reported by the shelter to the animal control or
law enforcement of the county in which the animal is found by
the next business day. An animal shelter may accept animals
from: (1) the owner of the animal where the owner signs a
relinquishment form which states he or she is the owner of the
animal; (2) an animal shelter licensed under this Act; or (3)
an out-of-state animal control facility, rescue group, or
animal shelter that is duly licensed in their state or is a
not-for-profit organization.
    (b) When stray dogs and cats are accepted by an animal
shelter, they must be scanned for the presence of a microchip
and examined for other currently-acceptable methods of
identification, including, but not limited to, identification
tags, tattoos, and rabies license tags. The examination for
identification shall be done within 24 hours after the intake
of each dog or cat. The animal shelter shall notify the owner
and transfer any dog with an identified owner to the animal
control or law enforcement agency in the jurisdiction in which
it was found or the local animal control agency for redemption.
    (c) If no transfer can occur, the animal shelter shall make
every reasonable attempt to contact the owner, agent, or
caretaker as soon as possible. The animal shelter shall give
notice of not less than 7 business days to the owner, agent, or
caretaker prior to disposal of the animal. The notice shall be
mailed to the last known address of the owner, agent, or
caretaker. Testimony of the animal shelter, or its authorized
agent, who mails the notice shall be evidence of the receipt of
the notice by the owner, agent, or caretaker of the animal. A
mailed notice shall remain the primary means of owner, agent,
or caretaker contact; however, the animal shelter shall also
attempt to contact the owner, agent, or caretaker by any other
contact information, such as by telephone or email address,
provided by the microchip or other method of identification
found on the dog or cat. If the dog or cat has been
microchipped and the primary contact listed by the chip
manufacturer cannot be located or refuses to reclaim the dog or
cat, an attempt shall be made to contact any secondary contacts
listed by the chip manufacturer prior to adoption, transfer, or
euthanization. Prior to transferring any stray dog or cat to
another humane shelter, pet store, or rescue group, or
euthanization, the dog or cat shall be scanned again for the
presence of a microchip and examined for other means of
identification. If a second scan provides the same identifying
information as the initial intake scan and the owner, agent, or
caretaker has not been located or refuses to reclaim the dog or
cat, the animal shelter may proceed with adoption, transfer, or
euthanization.
    (d) When stray dogs and cats are accepted by an animal
shelter and no owner can be identified, the shelter shall hold
the animal for the period specified in local ordinance prior to
adoption, transfer, or euthanasia. The animal shelter shall
allow access to the public to view the animals housed there. If
a dog is identified by an owner who desires to make redemption
of it, the dog shall be transferred to the local animal control
for redemption. If no transfer can occur, the animal shelter
shall proceed pursuant to Section 3.7. Upon lapse of the hold
period specified in local ordinance and no owner can be
identified, ownership of the animal, by operation of law,
transfers to the shelter that has custody of the animal.
    (e) No representative of an animal shelter may enter
private property and remove an animal without permission from
the property owner and animal owner, nor can any representative
of an animal shelter direct another individual to enter private
property and remove an animal unless that individual is an
approved humane investigator (approved by the Department)
operating pursuant to the provisions of the Humane Care for
Animals Act.
    (f) Nothing in this Section limits an animal shelter and an
animal control facility who, through mutual agreement, wish to
enter into an agreement for animal control, boarding, holding,
or other services provided that the agreement requires parties
adhere to the provisions of the Animal Control Act, the Humane
Euthanasia in Animal Shelters Act, and the Humane Care for
Animals Act.
(Source: P.A. 99-310, eff. 1-1-16.)
 
    (225 ILCS 605/3.8 new)
    Sec. 3.8. Sourcing of dogs and cats sold by pet shops.
    (a) A pet shop operator may not obtain a dog or cat for
resale or sell or offer for sale any dog or cat obtained from a
person who is required to be licensed by the pet dealer
regulations of the United States Department of Agriculture
under the federal Animal Welfare Act (7 U.S.C. 2131 et seq.) if
any of the following applies to the original breeder:
        (1) The person is not currently licensed by the United
    States Department of Agriculture under the federal Animal
    Welfare Act.
        (2) During the 2-year period before the day the dog or
    cat is received by the pet shop, the person received a
    direct or critical non-compliant citation on a final
    inspection report from the United States Department of
    Agriculture under the federal Animal Welfare Act.
        (3) During the 2-year period before the day the dog or
    cat is received by the pet shop, the person received 3 or
    more non-compliant citations on a final inspection report
    from the United States Department of Agriculture for
    violations relating to the health or welfare of the animal
    and the violations were not administrative in nature.
        (4) The person received a no-access violation on each
    of the 3 most recent final inspection reports from the
    United States Department of Agriculture.
    (b) A pet shop operator is presumed to have acted in good
faith and to have satisfied its obligation to ascertain whether
a person meets the criteria described in subsection (a) of this
Section if, when placing an order to obtain a dog or cat for
sale or resale, the pet shop operator conducts a search for
inspection reports that are readily available of the breeder on
the Animal Care Information System online search tool
maintained by the United States Department of Agriculture. If
inspection reports are not readily available on the United
States Department of Agriculture website, the pet shop operator
must obtain the inspection reports from the person or persons
required to meet the criteria described in subsection (a) of
this Section.
    (c) Notwithstanding subsections (a) and (b) of this
Section, a pet shop operator may obtain a dog or cat for resale
or sell or offer for sale any dog or cat obtained from: (1) a
person that sells dogs only he or she has produced and raised
and who is not required to be licensed by the United States
Department of Agriculture, (2) a publicly operated pound or a
private non-profit humane society or rescue, or (3) an animal
adoption event conducted by a pound or humane society.
    (d) A pet shop operator shall maintain records verifying
its compliance with this Section for 2 years after obtaining
the dog or cat to be sold or offered for sale. Records
maintained pursuant to this subsection (d) shall be open to
inspection on request by a Department of Agriculture inspector.
 
    (225 ILCS 605/3.15)
    Sec. 3.15. Disclosures for dogs and cats being sold by pet
shops.
    (a) Prior to the time of sale, every pet shop operator
must, to the best of his or her knowledge, provide to the
consumer the following information on any dog or cat being
offered for sale:
        (1) The retail price of the dog or cat, including any
    additional fees or charges.
        (2) The breed, age, date of birth, sex, and color of
    the dog or cat.
        (3) The date and description of any inoculation or
    medical treatment that the dog or cat received while under
    the possession of the pet shop operator.
        (4) The name and business address of both the dog or
    cat breeder and the facility where the dog or cat was born.
    If the dog or cat breeder is located in the State, then the
    breeder's license number. If the dog or cat breeder also
    holds a license issued by the United States Department of
    Agriculture, the breeder's federal license number.
        (5) (Blank).
        (6) If eligible for registration with a pedigree
    registry, then the name and registration numbers of the
    sire and dam and the address of the pedigree registry where
    the sire and dam are registered.
        (7) If the dog or cat was returned by a customer, then
    the date and reason for the return.
        (8) A copy of the pet shop's policy regarding
    warranties, refunds, or returns and an explanation of the
    remedy under subsections (f) through (m) of this Section in
    addition to any other remedies available at law.
        (9) The pet shop operator's license number issued by
    the Illinois Department of Agriculture.
        (10) Disclosure that the dog or cat has been
    microchipped and the microchip has been enrolled in a
    nationally searchable database. Pet stores must also
    disclose that the purchaser has the option to list the pet
    store as a secondary contact on the microchip.
    (a-5) All dogs and cats shall be microchipped by a pet shop
operator prior to sale.
    (b) The information required in subsection (a) shall be
provided to the customer in written form by the pet shop
operator and shall have an acknowledgement of disclosures form,
which must be signed by the customer and the pet shop operator
at the time of sale. The acknowledgement of disclosures form
shall include the following:
        (1) A blank space for the dated signature and printed
    name of the pet shop operator, which shall be immediately
    beneath the following statement: "I hereby attest that all
    of the above information is true and correct to the best of
    my knowledge.".
        (2) A blank space for the customer to sign and print
    his or her name and the date, which shall be immediately
    beneath the following statement: "I hereby attest that this
    disclosure was posted on or near the cage of the dog or cat
    for sale and that I have read all of the disclosures. I
    further understand that I am entitled to keep a signed copy
    of this disclosure.".
    (c) A copy of the disclosures and the signed
acknowledgement of disclosures form shall be provided to the
customer at the time of sale and the original copy shall be
maintained by the pet shop operator for a period of 2 years
from the date of sale. A copy of the pet store operator's
policy regarding warranties, refunds, or returns shall be
provided to the customer.
    (d) A pet shop operator shall post in a conspicuous place
in writing on or near the cage of any dog or cat available for
sale the information required by subsection (a) of this Section
3.15.
    (e) If there is an outbreak of distemper, parvovirus, or
any other contagious and potentially life-threatening disease,
the pet shop operator shall notify the Department immediately
upon becoming aware of the disease. If the Department issues a
quarantine, the pet shop operator shall notify, in writing and
within 2 business days of the quarantine, each customer who
purchased a dog or cat during the 2-week period prior to the
outbreak and quarantine.
    (f) A customer who purchased a dog or cat from a pet shop
is entitled to a remedy under this Section if:
        (1) within 21 days after the date of sale, a licensed
    veterinarian states in writing that at the time of sale (A)
    the dog or cat was unfit for purchase due to illness or
    disease, the presence of symptoms of a contagious or
    infectious disease, or obvious signs of severe parasitism
    that are extreme enough to influence the general health of
    the animal, excluding fleas or ticks, or (B) the dog or cat
    has died from a disease that existed in the dog or cat on
    or before the date of delivery to the customer; or
        (2) within one year after the date of sale, a licensed
    veterinarian states in writing that the dog or cat
    possesses a congenital or hereditary condition that
    adversely affects the health of the dog or cat or requires
    either hospitalization or a non-elective surgical
    procedure or has died of a congenital or hereditary
    condition. Internal or external parasites may not be
    considered to adversely affect the health of the dog unless
    the presence of the parasites makes the dog or cat
    clinically ill. The veterinarian's statement shall
    include:
            (A) the customer's name and address;
            (B) a statement that the veterinarian examined the
        dog or cat;
            (C) the date or dates that the dog or cat was
        examined;
            (D) the breed and age of the dog or cat, if known;
            (E) a statement that the dog or cat has or had a
        disease, illness, or congenital or hereditary
        condition that is subject to remedy; and
            (F) the findings of the examination or necropsy,
        including any lab results or copies of the results.
    (g) A customer entitled to a remedy under subsection (f) of
this Section may:
        (1) return the dog or cat to the pet shop for a full
    refund of the purchase price;
        (2) exchange the dog or cat for another dog or cat of
    comparable value chosen by the customer;
        (3) retain the dog or cat and be reimbursed for
    reasonable veterinary fees for diagnosis and treatment of
    the dog or cat, not to exceed the purchase price of the dog
    or cat; or
        (4) if the dog or cat is deceased, be reimbursed for
    the full purchase price of the dog or cat plus reasonable
    veterinary fees associated with the diagnosis and
    treatment of the dog or cat, not to exceed one times the
    purchase price of the dog or cat.
    For the purposes of this subsection (g), veterinary fees
shall be considered reasonable if (i) the services provided are
appropriate for the diagnosis and treatment of the disease,
illness, or congenital or hereditary condition and (ii) the
cost of the services is comparable to that charged for similar
services by other licensed veterinarians located in close
proximity to the treating veterinarian.
    (h) Unless the pet shop contests a reimbursement required
under subsection (g) of this Section, the reimbursement shall
be made to the customer no later than 10 business days after
the pet shop operator receives the veterinarian's statement
under subsection (f) of this Section.
    (i) To obtain a remedy under this Section, a customer
shall:
        (1) notify the pet shop as soon as reasonably possible
    and not to exceed 3 business days after a diagnosis by a
    licensed veterinarian of a disease, illness, or congenital
    or hereditary condition of the dog or cat for which the
    customer is seeking a remedy;
        (2) provide to the pet shop a written statement
    provided for under subsection (f) of this Section by a
    licensed veterinarian within 5 business days after a
    diagnosis by the veterinarian;
        (3) upon request of the pet shop, take the dog or cat
    for an examination by a second licensed veterinarian; the
    customer may either choose the second licensed
    veterinarian or allow the pet shop to choose the second
    veterinarian, if the pet shop agrees to do so. The party
    choosing the second veterinarian shall assume the cost of
    the resulting examination; and
        (4) if the customer requests a reimbursement of
    veterinary fees, provide to the pet shop an itemized bill
    for the disease, illness, or congenital or hereditary
    condition of the dog or cat for which the customer is
    seeking a remedy.
    (j) A customer is not entitled to a remedy under this
Section if:
        (1) the illness or death resulted from: (A)
    maltreatment or neglect by the customer; (B) an injury
    sustained after the delivery of the dog or cat to the
    customer; or (C) an illness or disease contracted after the
    delivery of the dog or cat to the customer;
        (2) the customer does not carry out the recommended
    treatment prescribed by the veterinarian who made the
    diagnosis; or
        (3) the customer does not return to the pet shop all
    documents provided to register the dog or cat, unless the
    documents have already been sent to the registry
    organization.
    (k) A pet shop may contest a remedy under this Section by
having the dog or cat examined by a second licensed
veterinarian pursuant to paragraph (3) of subsection (i) of
this Section if the dog or cat is still living. If the dog or
cat is deceased, the pet shop may choose to have the second
veterinarian review any records provided by the veterinarian
who examined or treated the dog or cat for the customer before
its death.
    If the customer and the pet shop have not reached an
agreement within 10 business days after the examination of the
medical records and the dog or cat, if alive, or the dog's or
cat's medical records, if deceased, by the second veterinarian,
then:
        (1) the customer may bring suit in a court of competent
    jurisdiction to resolve the dispute; or
        (2) if the customer and the pet shop agree in writing,
    the parties may submit the dispute to binding arbitration.
    If the court or arbiter finds that either party acted in
bad faith in seeking or denying the requested remedy, then the
offending party may be required to pay reasonable attorney's
fees and court costs of the adverse party.
    (l) This Section shall not apply to any adoption of dogs or
cats, including those in which a pet shop or other organization
rents or donates space to facilitate the adoption.
    (m) If a pet shop offers its own warranty on a pet, a
customer may choose to waive the remedies provided under
subsection (f) of this Section in favor of choosing the
warranty provided by the pet shop. If a customer waives the
rights provided by subsection (f), the only remedies available
to the customer are those provided by the pet shop's warranty.
For the statement to be an effective waiver of the customer's
right to refund or exchange the animal under subsection (f),
the pet shop must provide, in writing, a statement of the
remedy under subsection (f) that the customer is waiving as
well as a written copy of the pet shop's warranty. For the
statement to be an effective waiver of the customer's right to
refund or exchange the animal under subsection (f), it shall be
substantially similar to the following language:
        "I have agreed to accept the warranty provided by the
    pet shop in lieu of the remedies under subsection (f) of
    Section 3.15 of the Animal Welfare Act. I have received a
    copy of the pet shop's warranty and a statement of the
    remedies provided under subsection (f) of Section 3.15 of
    the Animal Welfare Act. This is a waiver pursuant to
    subsection (m) of Section 3.15 of the Animal Welfare Act
    whereby I, the customer, relinquish any and all right to
    return the animal for congenital and hereditary disorders
    provided by subsection (f) of Section 3.15 of the Animal
    Welfare Act. I agree that my exclusive remedy is the
    warranty provided by the pet shop at the time of sale.".
(Source: P.A. 98-509, eff. 1-1-14; 98-593, eff. 11-15-13.)
 
    Section 10. The Animal Control Act is amended by changing
Section 10 as follows:
 
    (510 ILCS 5/10)  (from Ch. 8, par. 360)
    Sec. 10. Impoundment; redemption. When dogs or cats are
apprehended and impounded, they must be scanned for the
presence of a microchip and examined for other currently
acceptable methods of identification, including, but not
limited to, identification tags, tattoos, and rabies license
tags. The examination for identification shall be done within
24 hours after the intake of each dog or cat. The Administrator
shall make every reasonable attempt to contact the owner as
defined by Section 2.16, agent, or caretaker as soon as
possible. The Administrator shall give notice of not less than
7 business days to the owner, agent, or caretaker prior to
disposal of the animal. Such notice shall be mailed to the last
known address of the owner, agent, or caretaker. Testimony of
the Administrator, or his or her authorized agent, who mails
such notice shall be evidence of the receipt of such notice by
the owner, agent, or caretaker of the animal. A mailed notice
shall remain the primary means of owner, agent, or caretaker
contact; however, the Administrator shall also attempt to
contact the owner, agent, or caretaker by any other contact
information, such as by telephone or email address, provided by
the microchip or other method of identification found on the
dog or cat. If the dog or cat has been microchipped and the
primary contact listed by the chip manufacturer cannot be
located or refuses to reclaim the dog or cat, an attempt shall
be made to contact any secondary contacts listed by the chip
manufacturer prior to adoption, transfer, or euthanization.
Prior to transferring the dog or cat to another humane shelter,
pet store, rescue group, or euthanization, the dog or cat shall
be scanned again for the presence of a microchip and examined
for other means of identification. If a second scan provides
the same identifying information as the initial intake scan and
the owner, agent, or caretaker has not been located or refuses
to reclaim the dog or cat, the animal control facility may
proceed with the adoption, transfer, or euthanization.
    In case the owner, agent, or caretaker of any impounded dog
or cat desires to make redemption thereof, he or she may do so
by doing the following:
        a. Presenting proof of current rabies inoculation and
    registration, if applicable.
        b. Paying for the rabies inoculation of the dog or cat
    and registration, if applicable.
        c. Paying the pound for the board of the dog or cat for
    the period it was impounded.
        d. Paying into the Animal Control Fund an additional
    impoundment fee as prescribed by the Board as a penalty for
    the first offense and for each subsequent offense.
        e. Paying a $25 public safety fine to be deposited into
    the Pet Population Control Fund; the fine shall be waived
    if it is the dog's or cat's first impoundment and the
    owner, agent, or caretaker has the animal spayed or
    neutered within 14 days.
        f. Paying for microchipping and registration if not
    already done.
    The payments required for redemption under this Section
shall be in addition to any other penalties invoked under this
Act and the Illinois Public Health and Safety Animal Population
Control Act. An animal control agency shall assist and share
information with the Director of Public Health in the
collection of public safety fines.
(Source: P.A. 97-240, eff. 1-1-12.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/24/2017