Sen. Dan Kotowski

Filed: 3/12/2013

 

 


 

 


 
09800SB1639sam001LRB098 08812 MGM 42711 a

1
AMENDMENT TO SENATE BILL 1639

2    AMENDMENT NO. ______. Amend Senate Bill 1639 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Animal Welfare Act is amended by changing
5Sections 2 and 3.15 as follows:
 
6    (225 ILCS 605/2)  (from Ch. 8, par. 302)
7    Sec. 2. Definitions. As used in this Act unless the context
8otherwise requires:
9    "Department" means the Illinois Department of Agriculture.
10    "Director" means the Director of the Illinois Department of
11Agriculture.
12    "Pet shop operator" means any person who sells, offers to
13sell, exchange, or offers for adoption with or without charge
14or donation dogs, cats, birds, fish, reptiles, or other animals
15customarily obtained as pets in this State. However, a person
16who sells only such animals that he has produced and raised

 

 

09800SB1639sam001- 2 -LRB098 08812 MGM 42711 a

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

 

 

09800SB1639sam001- 3 -LRB098 08812 MGM 42711 a

1dogs and cats which he has produced and raised. A person who
2owns, has possession of, or harbors 5 or less females capable
3of reproduction shall not be considered a kennel operator.
4    "Cattery operator" means any person who operates an
5establishment, other than an animal control facility or animal
6shelter, where cats are maintained for boarding, training or
7similar purposes for a fee or compensation; or who sells,
8offers to sell, exchange, or offers for adoption with or
9without charges cats which he has produced and raised. A person
10who owns, has possession of, or harbors 5 or less females
11capable of reproduction shall not be considered a cattery
12operator.
13    "Animal control facility" means any facility operated by or
14under contract for the State, county, or any municipal
15corporation or political subdivision of the State for the
16purpose of impounding or harboring seized, stray, homeless,
17abandoned or unwanted dogs, cats, and other animals. "Animal
18control facility" also means any veterinary hospital or clinic
19operated by a veterinarian or veterinarians licensed under the
20Veterinary Medicine and Surgery Practice Act of 2004 which
21operates for the above mentioned purpose in addition to its
22customary purposes.
23    "Animal shelter" means a facility operated, owned, or
24maintained by a duly incorporated humane society, animal
25welfare society, or other non-profit organization for the
26purpose of providing for and promoting the welfare, protection,

 

 

09800SB1639sam001- 4 -LRB098 08812 MGM 42711 a

1and humane treatment of animals. "Animal shelter" also means
2any veterinary hospital or clinic operated by a veterinarian or
3veterinarians licensed under the Veterinary Medicine and
4Surgery Practice Act of 2004 which operates for the above
5mentioned purpose in addition to its customary purposes.
6    "Foster home" means an entity that accepts the
7responsibility for stewardship of animals that are the
8obligation of an animal shelter, not to exceed 4 animals at any
9given time. Permits to operate as a "foster home" shall be
10issued through the animal shelter.
11    "Guard dog service" means an entity that, for a fee,
12furnishes or leases guard or sentry dogs for the protection of
13life or property. A person is not a guard dog service solely
14because he or she owns a dog and uses it to guard his or her
15home, business, or farmland.
16    "Guard dog" means a type of dog used primarily for the
17purpose of defending, patrolling, or protecting property or
18life at a commercial establishment other than a farm. "Guard
19dog" does not include stock dogs used primarily for handling
20and controlling livestock or farm animals, nor does it include
21personally owned pets that also provide security.
22    "Sentry dog" means a dog trained to work without
23supervision in a fenced facility other than a farm, and to
24deter or detain unauthorized persons found within the facility.
25    "Probationary status" means the 12-month period following
26a series of violations of this Act during which any further

 

 

09800SB1639sam001- 5 -LRB098 08812 MGM 42711 a

1violation shall result in an automatic 12-month suspension of
2licensure.
3    "Seller" means a pet shop operator, dog dealer, or kennel
4operator who sells dogs or cats to the public with or without
5charge or donation. "Seller" does not include an animal
6shelter, animal control facility, fostering home, or
7veterinary clinic or hospital.
8(Source: P.A. 95-550, eff. 6-1-08.)
 
9    (225 ILCS 605/3.15)
10    Sec. 3.15. Disclosures for dogs and cats being sold by pet
11shops.
12    (a) For each cat or dog within the State offered for sale
13or exchange to any consumer, the following information shall be
14provided to the consumer prior Prior to the time of sale, every
15pet shop operator must, to the best of his or her knowledge,
16provide to the consumer the following information on any dog or
17cat being offered for sale:
18        (1) The retail price of the dog or cat, including any
19    additional fees or charges.
20        (2) The breed, age, date of birth, sex, and color of
21    the dog or cat.
22        (3) The date and description details of any inoculation
23    or medical treatment that the dog or cat received while
24    under the possession of the seller pet shop operator.
25        (4) The name and business address of both the dog or

 

 

09800SB1639sam001- 6 -LRB098 08812 MGM 42711 a

1    cat breeder and the facility where the dog or cat was born.
2    If the dog or cat breeder is located in the State, then the
3    breeder's license number. If the dog or cat breeder also
4    holds a license issued by the United States Department of
5    Agriculture, the breeder's federal license identification
6    number.
7        (5) Any known congenital or hereditary diseases of the
8    parents of the dog or cat, or the parents' other offspring.
9        (5) (6) If eligible for registration with a pedigree
10    registry, then the name and registration numbers of the
11    sire and dam and the address of the pedigree registry where
12    the sire and dam are registered.
13        (6) (7) If the dog or cat was returned by a customer,
14    then the date and reason for the return.
15        (7) (8) The following written statement: "A copy of our
16    policy regarding warranties, refunds, or returns is
17    available upon request. Customers may, in addition to any
18    other remedy that may be available, be entitled to a remedy
19    under subsections (f) through (k) of Section 3.15 of the
20    Animal Welfare Act.".
21        (8) If the seller is different from the breeder, the
22    seller's (9) The pet shop operator's license number issued
23    by the Illinois Department of Agriculture, the United
24    States Department of Agriculture, or both, if applicable.
25    (b) The information required in subsection (a) shall be
26provided to the customer in written form by the pet shop

 

 

09800SB1639sam001- 7 -LRB098 08812 MGM 42711 a

1operator and shall have an acknowledgement of disclosures form,
2which must be signed by the customer and the seller pet shop
3operator at the time of sale. The acknowledgement of
4disclosures form shall include the following:
5        (1) A blank space for the dated signature and printed
6    name of the seller pet shop operator, which shall be
7    immediately beneath the following statement: "I hereby
8    attest that all of the above information is true and
9    correct to the best of my knowledge.".
10        (2) A blank space for the customer to sign and print
11    his or her name and the date, which shall be immediately
12    beneath the following statement: "I hereby attest that this
13    disclosure was posted on or near the cage of the dog or cat
14    for sale and that I have read all of the disclosures. I
15    further understand that I am entitled to keep a signed copy
16    of this disclosure.".
17    (c) A copy of the disclosures and the signed
18acknowledgement of disclosures form shall be provided to the
19customer at the time of sale and the original copy shall be
20maintained by the seller pet shop operator for a period of 2
21years from the date of sale. A copy of the seller's pet store
22operator's policy regarding warranties, refunds, or returns
23shall be provided to the customer.
24    (d) A seller that is also a A pet shop operator shall post
25in a conspicuous place in writing on or near the cage of any
26dog or cat available for sale the information required by

 

 

09800SB1639sam001- 8 -LRB098 08812 MGM 42711 a

1subsection (a) of this Section 3.15 at all times during which
2the cat or dog is being offered for sale within this State. A
3seller advertising any dog or cat for sale over the Internet
4shall provide the information required by subsection (a) of
5this Section, or a direct link to the information, on the
6webpage on which the animal for sale appears. A seller
7advertising any dog or cat through means other than the
8Internet must disclose (i) the printed or typed name and
9address of the breeder of the animal; (ii) the breeder's state
10license number, United States Department of Agriculture
11license number, or both, as applicable; and if the seller is
12not also the breeder, the seller's license number issued by the
13Illinois Department of Agriculture, the United States
14Department of Agriculture, or both.
15    (e) If there is an outbreak of distemper, parvovirus, or
16any other contagious and potentially life-threatening disease
17at a seller's pet shop or kennel, then the seller shall notify
18the Department immediately upon becoming aware that a dog or
19cat has contracted the disease. If the Department issues a
20quarantine, the seller must notify, in writing and within 2
21business days of the quarantine, each customer who purchased a
22dog or cat during the 3-week period prior to the diagnosis and
23quarantine.
24    (f) A customer who purchased a dog or cat from a seller is
25entitled to a remedy under this Section if:
26        (1) within 21 days after the date of the sale, a

 

 

09800SB1639sam001- 9 -LRB098 08812 MGM 42711 a

1    licensed veterinarian states in writing that (i) the dog or
2    cat possesses a disease or illness that adversely affects
3    the health of the dog or cat and the disease existed in the
4    dog or cat on or before the date of delivery to the
5    customer or (ii) the dog or cat has died from a disease
6    that existed in the dog or cat on or before the date of
7    delivery to the customer; or
8        (2) within one year after the date of sale, a licensed
9    veterinarian states in writing that the dog or cat (i)
10    possesses a congenital or hereditary condition that
11    adversely affects the health of the dog or cat or requires
12    either hospitalization or a non-elective surgical
13    procedure or (ii) has died of a congenital or hereditary
14    condition.
15    Internal or external parasites may not be considered to
16adversely affect the health of the dog or cat unless the
17presence of the parasites makes the dog or cat clinically ill.
18    The veterinarian's statement shall include:
19        (i) the customer's name and address;
20        (ii) a statement that the veterinarian examined the dog
21    or cat;
22        (iii) the date or dates that the dog or cat was
23    examined;
24        (iv) the breed and age of the dog or cat, if known;
25        (v) a statement that the dog or cat has or had a
26    disease, illness, or congenital or hereditary condition

 

 

09800SB1639sam001- 10 -LRB098 08812 MGM 42711 a

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

 

 

09800SB1639sam001- 11 -LRB098 08812 MGM 42711 a

1shall:
2        (1) notify the seller as soon as reasonably possible
3    and not to exceed 3 business days after a diagnosis by a
4    licensed veterinarian of a disease, illness, or congenital
5    or hereditary condition of the dog or cat for which the
6    customer is seeking a remedy;
7        (2) provide to the seller a written statement provided
8    under subsection (f) by a licensed veterinarian within 5
9    business days after a diagnosis by the veterinarian;
10        (3) on the request of the seller, take the dog or cat
11    for an examination by a second licensed veterinarian chosen
12    by the customer, at the expense of the seller; and
13        (4) if the customer requests a reimbursement of
14    reasonable veterinary fees, provide to the seller an
15    itemized bill for the disease, illness, or congenital or
16    hereditary condition of the dog or cat for which the
17    customer is seeking a remedy.
18    (j) A customer is not entitled to a remedy under this
19Section if:
20        (1) the illness or death resulted from:
21            (A) maltreatment or neglect by the customer;
22            (B) an injury sustained after the delivery of the
23        dog or cat to the customer; or
24            (C) an illness or disease contracted after the
25        delivery of the dog or cat to the customer;
26        (2) the customer does not carry out the recommended

 

 

09800SB1639sam001- 12 -LRB098 08812 MGM 42711 a

1    treatment prescribed by the veterinarian who made the
2    diagnosis; or
3        (3) the customer does not return to the seller all
4    documents provided to register the dog or cat, unless such
5    documents have already been sent to the registry
6    organization.
7    (k) A seller may contest a remedy under this Section by
8having the dog or cat examined by a second licensed
9veterinarian at the expense of the seller if the dog or cat is
10still living. If the dog or cat is deceased, the seller may
11choose to have a second veterinarian review any records
12provided by the veterinarian who examined or treated the dog or
13cat for the customer before its death.
14    If the customer and the seller have not reached an
15agreement within 10 business days after the examination of the
16medical records and the dog or cat, if alive, or the dog's or
17cat's medical records, if deceased, by the second veterinarian,
18then:
19        (1) the customer may bring suit in a court of competent
20    jurisdiction to resolve the dispute; or
21        (2) if the seller and the customer agree in writing,
22    they may submit the dispute to binding arbitration.
23    If the court or arbitrator finds that either party acted in
24bad faith in seeking or denying the requested remedy, then the
25offending party may be required to pay reasonable attorney's
26fees and court costs of the adverse party.

 

 

09800SB1639sam001- 13 -LRB098 08812 MGM 42711 a

1    (l) This Section shall not apply to organizations or
2individuals who only rent or donate space to facilitate the
3adoption of dogs and cats or those locations where dogs and
4cats are obtained by adoption.
5(Source: P.A. 96-1470, eff. 1-1-11.)".