Illinois General Assembly - Full Text of HB3678
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Full Text of HB3678  93rd General Assembly

HB3678 93rd General Assembly


093_HB3678

 
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 1        AN ACT in relation to business transactions.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1. Short title.  This Act may  be  cited  as  the
 5    Retail Sale of Dogs and Cats Act.

 6        Section 5. Definitions. As used in this Act:
 7        "Animal" means a dog or cat.
 8        "Cat"  means  any  live  or dead cat (Felis catus) or any
 9    cat-hybrid cross.
10        "Dog" means any live or dead dog  (Canis  familiaris)  or
11    any dog-hybrid cross.
12        "Person"  means any individual, corporation, partnership,
13    association, municipality, or other legal entity.
14        "Clinically ill" means having an illness that is apparent
15    to a  veterinarian  based  on  observation,  examination,  or
16    testing  of  an animal, or upon review of the medical records
17    relating to an animal.
18        "Department" means the Department of Agriculture.
19        "Pet dealer" means any  person,  pet-shop  operator,  dog
20    dealer,  kennel  operator,  or cattery operator as defined in
21    Section 2 of the Animal Welfare Act.   For  the  purposes  of
22    this  Act,  "pet  dealer" includes breeders who sell animals,
23    except that a breeder who  sells  directly  to  the  consumer
24    fewer  than  25  animals per year that are born and raised on
25    the breeder's residential premises shall not be considered  a
26    pet dealer as a result of the sale of those animals. The term
27    does not include duly incorporated humane societies dedicated
28    to  the  care  of  unwanted  animals  that make those animals
29    available for adoption, whether or not a fee is  charged  for
30    the adoption.
31        "Nonelective  surgical  procedure" means, with respect to

 
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 1    an animal, a surgical procedure that is necessary to preserve
 2    or restore the health of an animal to prevent the animal from
 3    experiencing pain or discomfort, or to  correct  a  condition
 4    that  would  interfere with an animal's ability to walk, run,
 5    jump, or otherwise function in a normal manner.
 6        "Purchaser" means a person who purchases an animal from a
 7    pet dealer without the intent to resell the animal.

 8        Section  10.   Transportation;  common  carrier.   A  pet
 9    dealer  receiving  an  animal  from  a  common  carrier  must
10    transport the animal, or have the  animal  transported,  from
11    the  carrier's  premises  within  4  hours  after  receipt of
12    telephone notification by the carrier of  the  completion  of
13    shipment  and arrival of the animal at the carrier's point of
14    destination.

15        Section  15.   Examination  for  sickness.  Before  being
16    placed with other animals, an animal received by a pet dealer
17    must be examined for sickness by a licensed veterinarian  and
18    tested for brucellosis.  An animal found to be afflicted with
19    a  contagious  disease  must  be  kept  caged separately from
20    healthy animals and receive veterinary treatment. All animals
21    must be  inoculated  as  required  by  State  or  local  law.
22    Veterinary  care  appropriate to the species must be provided
23    without undue delay when  necessary.   Each  animal  must  be
24    observed  each  day  by the pet dealer or by a person working
25    under the pet dealer's supervision.

26        Section 20.  Written statement by pet dealer.
27        (a)  A pet dealer must deliver to  the  purchaser  of  an
28    animal  at  the  time  of  sale  a  written  statement  in  a
29    standardized form prescribed by the Department containing the
30    information prescribed in this Section.
31        (b)  For  a cat, the statement must contain the following
 
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 1    information:
 2             (1)  The breeder's and broker's names and addresses,
 3        if known, or, if not known, the source of  the  cat.   If
 4        the  person  from  whom  the cat was obtained is a dealer
 5        licensed by the United States Department of  Agriculture,
 6        the  statement  must  include the person's name, address,
 7        and federal dealer identification number.
 8             (2)  The date of the cat's birth (unless the date is
 9        unknown because of the source of the cat)  and  the  date
10        and location where the dealer received the cat.
11             (3)  A   record  of  the  immunization  and  worming
12        treatments, if any, administered to the  cat  as  of  the
13        time  of  sale, including the dates of administration and
14        the type of vaccine or worming treatment.
15             (4)  A record of any known disease or sickness  with
16        which the cat is afflicted at the time of sale.
17             (5)  A   record   of  any  veterinary  treatment  or
18        medication received by the cat while in the possession of
19        the pet dealer, and either of the following:
20                  (A)  A statement, signed by the pet  dealer  at
21             the  time  of  sale,  that  (i) the cat has no known
22             disease or illness and (ii) the  cat  has  no  known
23             congenital  or  hereditary  condition that adversely
24             affects the health of the cat at the time of sale or
25             that is likely to adversely affect the health of the
26             cat in the future.
27                  (B)  A  record  of  any  known  congenital   or
28             hereditary   condition,  disease,  or  illness  that
29             adversely affects the health of the cat at the  time
30             of sale, along with a statement signed by a licensed
31             veterinarian  that  authorizes  the sale of the cat,
32             recommends necessary treatment, if any, and verifies
33             that the condition, disease,  or  illness  does  not
34             require   hospitalization  or  nonelective  surgical
 
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 1             procedures   and   is   not   likely   to    require
 2             hospitalization  or  nonelective surgical procedures
 3             in the future.  A veterinarian's  statement  is  not
 4             required for intestinal or external parasites unless
 5             their  presence  makes  the cat clinically ill or is
 6             likely  to  make  the  cat  clinically   ill.    The
 7             statement   shall  be  valid  for  7  business  days
 8             following   examination   of   the   cat   by    the
 9             veterinarian.
10        (c)  For  a dog, the statement must contain the following
11    information:
12             (1)  The breeder's and broker's names and  addresses
13        if  known,  or,  if not known, the source of the dog.  If
14        the person from whom the dog was  obtained  is  a  dealer
15        licensed  by the United States Department of Agriculture,
16        the statement shall include the person's  name,  address,
17        and federal dealer identification number.
18             (2)  The  date  of  the dog's birth and the date and
19        location where the dealer received the dog. If the dog is
20        not  advertised  or  sold  as  purebred,  registered,  or
21        registrable, the date of birth may be approximated if not
22        known by the dealer.
23             (3)  The breed, sex, color, and identifying marks at
24        the time of sale, if any. If the dog  is  from  a  source
25        licensed  by the United States Department of Agriculture,
26        the statement must  include  the  individual  identifying
27        tag,  tattoo,  or  collar number for that animal.  If the
28        breed is unknown or mixed, the record must so indicate.
29             (4)  If the dog is being sold as  being  capable  of
30        registration,  the  names and registration numbers of the
31        sire and dam, and the litter number if known.
32             (5)  A  record  of  the  immunization  and   worming
33        treatments,  if  any,  administered  to the dog as of the
34        time of sale, including the dates of  administration  and
 
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 1        the type of vaccine or worming treatment.
 2             (6)  A  record of any known disease or sickness with
 3        which the dog is afflicted at the time of sale.
 4             (7)  A  record  of  any  veterinary   treatment   or
 5        medication received by the dog while in possession of the
 6        pet dealer or breeder and either of the following:
 7                  (A)  A  statement,  signed by the pet dealer at
 8             the time of sale, that (i)  the  dog  has  no  known
 9             disease  or  illness  and  (ii) the dog has no known
10             congenital or hereditary  condition  that  adversely
11             affects the health of the dog at the time of sale or
12             that is likely to adversely affect the health of the
13             dog in the future.
14                  (B)  A   record  of  any  known  congenital  or
15             hereditary  condition,  disease,  or  illness   that
16             adversely  affects the health of the dog at the time
17             of sale or is likely to adversely affect the  health
18             of  the  dog  in  the future, along with a statement
19             signed by a licensed  veterinarian  that  authorizes
20             the sale of the dog, recommends necessary treatment,
21             if any, and verifies that the condition, disease, or
22             illness   does   not   require   hospitalization  or
23             nonelective surgical procedures and is not likely to
24             require  hospitalization  or  nonelective   surgical
25             procedures in the future. A veterinarian's statement
26             is not required for intestinal or external parasites
27             unless  their  presence makes the dog clinically ill
28             or is likely to make the dog  clinically  ill.   The
29             statement   shall  be  valid  for  7  business  days
30             following examination of the dog by the veterinarian
31        (d)  The pet dealer must  also  orally  disclose  to  the
32    purchaser all medical information required to be disclosed in
33    the written statement under subdivision (b)(5) or (c)(7).
34        (e)  A written statement under subsection (b) or (c) must
 
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 1    be  signed by both the pet dealer, certifying the accuracy of
 2    the statement, and the purchaser of the animal, acknowledging
 3    receipt of the statement.
 4        (f)  A pet dealer is  responsible  for  disclosure  of  a
 5    disease,  illness, or congenital or hereditary condition that
 6    adversely affects the health of an animal at the time of sale
 7    or is likely to adversely affect the health of the animal  in
 8    the  future if the disease, illness, or condition is apparent
 9    at the time of sale or should have  been  known  by  the  pet
10    dealer  from  the  history  of veterinary treatment disclosed
11    under this Section.

12        Section 25. Pet dealer's  records.   A  pet  dealer  must
13    maintain a written record on the health and disposition of an
14    animal  for  a  period  of  not  less  than  one  year  after
15    disposition  of the animal.  The record must also contain all
16    of the information required to be disclosed under  this  Act.
17    The  record  must  be  available for inspection during normal
18    business  hours  to  Department  investigators  and  approved
19    humane investigators (as  those  terms  are  defined  in  the
20    Humane   Care   for   Animals  Act),  administrators,  deputy
21    administrators, and animal control wardens  (as  those  terms
22    are defined in the Animal Control Act), authorized Department
23    employees,  and  law  enforcement  officers.   On  or  before
24    January  10 of each year, every pet dealer must report to the
25    Department the numbers of dogs and cats sold by  the  dealer,
26    and each animal's origin and disposition.

27        Section  30.   Violation,  penalty.   Except as otherwise
28    specified in this Act, a person violating  any  provision  of
29    this  Act other than Section 35 is subject to a civil penalty
30    of not more than $1,000 per violation.  An action to  enforce
31    collection  of  the  penalty may be prosecuted in the name of
32    the People of the State of Illinois by the  State's  Attorney
 
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 1    for  the  county  where  the  violation  is  alleged  to have
 2    occurred.

 3        Section 35.  Unlawful acts.
 4        (a)  It is unlawful for a pet dealer to fail to do any of
 5    the following:
 6             (1)  Maintain facilities where animals are kept in a
 7        sanitary condition.
 8             (2)  Provide animals  with  adequate  nutrition  and
 9        potable water.
10             (3)  Provide  adequate space appropriate to the age,
11        size, weight, and  breed  of  animal.   "Adequate  space"
12        means  sufficient  space  for the animal to stand up, sit
13        down, and turn about freely using normal  body  movements
14        without  the  head touching the top of the crate in which
15        the animal is kept, and to lie in a natural position with
16        legs outstretched.
17             (4)  Provide animals housed on wire flooring with  a
18        rest  board,  floor  mat,  or  similar device that can be
19        maintained in a sanitary condition.
20             (5)  Provide dogs with  adequate  socialization  and
21        exercise.  "Socialization"  means  physical  contact with
22        other dogs or with human beings.
23             (6)  Wash  hands  before  and  after  handling  each
24        infectious or contagious animal.
25             (7)  Provide cats with a litter box  and  scratching
26        post.
27             (8)  Maintain either of the following:
28                  (A)  A fire-alarm system that is connected to a
29             central reporting station that alerts the local fire
30             department in case of fire.
31                  (B)  A fire-suppression sprinkler system.
32             (9)  Provide  veterinary  care  without  delay  when
33        necessary.
 
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 1        (b)  A  pet dealer may not possess an animal that is less
 2    than 8 weeks old.

 3        Section 40.  Ill or diseased animals; remedies.
 4        (a)  If (i) a veterinarian licensed in this State  states
 5    in  writing that, within 21 business days after the purchaser
 6    took physical possession of an animal sold to  the  purchaser
 7    by a pet dealer, the animal has become ill due to any illness
 8    that  existed  in  the  animal  on  or before delivery of the
 9    animal to the purchaser, or (ii) within one  year  after  the
10    purchaser  took  physical possession of an animal sold to the
11    purchaser by a pet dealer, a veterinarian  licensed  in  this
12    State  states  in writing that the animal has a congenital or
13    hereditary condition that adversely affects the health of the
14    animal or that requires,  or  is  likely  in  the  future  to
15    require,  hospitalization or nonelective surgical procedures,
16    then the animal shall be considered unfit for sale,  and  the
17    pet  dealer  must  provide  the purchaser with any one of the
18    following remedies that the purchaser elects:
19             (1)  The purchaser may return the animal to the  pet
20        dealer  for  a  refund  of  the purchase price, including
21        sales tax,  paid  by  the  purchaser,  and  also  receive
22        reimbursement  for  reasonable  veterinary  fees  for the
23        diagnosis and treatment of the animal in an amount not to
24        exceed  the  original  purchase  price  of  the   animal,
25        including sales tax, paid by the purchaser.
26             (2)  The  purchaser  may  exchange the animal for an
27        animal of the purchaser's choice of equivalent value if a
28        replacement animal is available,  and  may  also  receive
29        reimbursement   for   reasonable   veterinary   fees  for
30        diagnosis and treatment of the animal in an amount not to
31        exceed  the  original  purchase  price  of  the   animal,
32        including sales tax, paid by the purchaser.
33             (3)  The purchaser may retain the animal and receive
 
                            -9-      LRB093 08327 WGH 08546 b
 1        reimbursement   for   reasonable   veterinary   fees  for
 2        diagnosis and treatment of the animal in an amount not to
 3        exceed 150% of the original purchase price of the animal,
 4        including sales tax, paid by the purchaser.
 5        (b)  If an animal purchased from a pet dealer  has  died,
 6    regardless  of  the  date  of  the  death  of the animal, the
 7    purchaser may obtain a refund for the purchase price  of  the
 8    animal,  including  sales  tax,  paid  by  the purchaser or a
 9    replacement animal of equivalent  value  of  the  purchaser's
10    choice,   and   may   receive  reimbursement  for  reasonable
11    veterinary fees for diagnosis and treatment of the animal  in
12    an  amount  not  to exceed the original purchase price of the
13    animal, including sales tax, paid by the purchaser if  either
14    of the following conditions exist:
15             (1)  A veterinarian licensed in this State states in
16        writing  that  the  animal  has died due to an illness or
17        disease that existed or in all likelihood existed  within
18        21  business  days  after the purchaser obtained physical
19        possession of the animal from the pet dealer.
20             (2)  A veterinarian licensed in this State states in
21        writing that the animal has died due to a  congenital  or
22        hereditary   condition   that   was   diagnosed   by  the
23        veterinarian within one year after the purchaser obtained
24        physical possession of the animal from the pet dealer.
25        (c)  A  finding  by  a  veterinarian  of  intestinal   or
26    external  parasites  is  not  grounds for declaring an animal
27    unfit  for  sale  unless  their  presence  makes  the  animal
28    clinically ill or is likely to  make  the  animal  clinically
29    ill.
30        (d)  The  value  of  veterinary  services shall be deemed
31    reasonable if the services rendered are appropriate  for  the
32    diagnosis  and  treatment  of  illness  or  a  congenital  or
33    hereditary  condition  by  the  veterinarian and the value of
34    similar services  is  comparable  to  the  value  of  similar
 
                            -10-     LRB093 08327 WGH 08546 b
 1    services rendered by other licensed veterinarians in the same
 2    geographical area.

 3        Section  45.   Presumption.   There shall be a rebuttable
 4    presumption that an illness existed at the time of sale of an
 5    animal if the animal  dies  within  21  business  days  after
 6    delivery to the purchaser.

 7        Section  50.  Purchaser's entitlement to remedies.  To be
 8    entitled to a remedy  under  Section  40,  a  purchaser  must
 9    substantially comply with all of the following requirements:
10             (1)  The  purchaser  must  notify  the pet dealer as
11        soon as possible, but not  more  than  14  business  days
12        after  the  diagnosis  by a veterinarian licensed in this
13        State, of a  medical  or  health  problem  of  an  animal
14        purchased  from the pet dealer, including a congenital or
15        hereditary condition,  and  of  the  name  and  telephone
16        number of the veterinarian providing the diagnosis.
17             (2)  The  purchaser  must provide the pet dealer, in
18        the event of the animal's death, with a written statement
19        from a veterinarian licensed in this State  stating  that
20        the animal died from an illness that existed on or before
21        the  delivery  of  the  animal  to  the  purchaser.   The
22        presentation  of  the  statement  is  sufficient proof to
23        claim reimbursement or replacement, and the return of the
24        deceased animal to the pet dealer is not required.

25        Section 55.  Exceptions to  remedies.   Not  withstanding
26    Section  40,  no  refund  of the purchase price of an animal,
27    replacement of an animal, or reimbursement of veterinary fees
28    shall be made if any of the following conditions exist:
29             (1)  The animal's illness  or  death  resulted  from
30        maltreatment or neglect or from an injury sustained or an
31        illness  contracted  after  the delivery of the animal to
 
                            -11-     LRB093 08327 WGH 08546 b
 1        the purchaser.
 2             (2)  The  purchaser   fails   to   carry   out   the
 3        recommended   treatment   prescribed   by  the  examining
 4        veterinarian  who  made  the  initial   diagnosis.   This
 5        paragraph  (2)  does  not apply, however, if the cost for
 6        the treatment, together with the veterinarian's  fee  for
 7        the  diagnosis,  would  exceed  the purchase price of the
 8        animal, including sales tax, paid by the purchaser.
 9             (3)  A veterinarian's statement was provided to  the
10        purchaser under Section 20 of this Act that disclosed the
11        disease,  illness,  or  condition for which the purchaser
12        seeks to return the animal.  This paragraph (3) does  not
13        apply,  however,  if, within one year after the purchaser
14        took physical possession of the  animal,  a  veterinarian
15        licensed  in  this  State  states  in  writing  that  the
16        disease,  illness, or condition requires, or is likely in
17        the future to  require,  hospitalization  or  nonelective
18        surgical  procedures  or  that  the  disease, illness, or
19        condition resulted in the death of the animal.
20             (4)  The purchaser refuses  to  return  to  the  pet
21        dealer all documents previously provided to the purchaser
22        for   the   purpose  of  registering  the  animal.   This
23        paragraph (4) does not apply, however, if  the  purchaser
24        signs  a  written statement certifying that the documents
25        have been inadvertently lost or destroyed.

26        Section 60.  Veterinarian's statement.
27        (a)  The veterinarian's statement under Section  40  must
28    contain the following information:
29             (1)  The purchaser's name and address.
30             (2)  The date or dates the animal was examined.
31             (3)  The  animal's  breed, age, and microchip number
32        if known.
33             (4)  A statement that the veterinarian examined  the
 
                            -12-     LRB093 08327 WGH 08546 b
 1        animal.
 2             (5)  A  statement  that  the  animal  has  or had an
 3        illness rendering it unfit for purchase or  resulting  in
 4        its death.
 5             (6)  The  precise  findings  of  the  examination or
 6        necropsy,  including  laboratory  results  or  copies  of
 7        laboratory reports.
 8        (b)  If a refund for reasonable  veterinary  expenses  is
 9    requested,  the  veterinarian's statement must be accompanied
10    by an itemized bill of fees appropriate for the diagnosis and
11    treatment  of  the  illness  or  congenital   or   hereditary
12    condition.
13        (c)  Unless    contested,    refunds   and   payment   of
14    reimbursable expenses under Section 40 must be  paid  by  the
15    pet  dealer  to  the purchaser no later than 14 business days
16    following receipt of the veterinarian's statement required by
17    Section 40 or, if applicable, no later than 14 business  days
18    after the animal is returned to the pet dealer.

19        Section 65.  Contesting a demand for remedy.
20        (a)  If  a  pet dealer wishes to contest a demand for any
21    remedy under Section 40, the dealer may, except in  the  case
22    of  the death of the animal, require the purchaser to produce
23    the  animal  for  examination  by  a  licensed   veterinarian
24    designated  by  the  pet  dealer. The pet dealer must pay the
25    cost of this examination.
26        (b)  If the purchaser and the pet dealer  are  unable  to
27    reach  an agreement within 14 days following the pet dealer's
28    receipt of the veterinarian's statement under Section 40,  or
29    within   14   days   following  receipt  of  the  animal  for
30    examination by a veterinarian designated by the  pet  dealer,
31    whichever  is later, the purchaser may bring an action in the
32    circuit court to resolve  the  dispute  or  the  parties  may
33    submit  to binding arbitration if mutually agreed upon by the
 
                            -13-     LRB093 08327 WGH 08546 b
 1    parties in writing.
 2        (c)  The prevailing party in the dispute is  entitled  to
 3    collect reasonable attorney's fees.

 4        Section  70.  Written notice of rights.  A pet dealer who
 5    sells an animal must provide a written notice  of  rights  to
 6    the  purchaser  at  the  time  of  sale  and to a prospective
 7    purchaser upon request.  The notice must be  contained  in  a
 8    separate  document.   The notice must be in 10-point type.  A
 9    copy  of  the  notice  must  be  signed  by   the   purchaser
10    acknowledging  that  he  or she has reviewed the notice.  The
11    notice must be in the following form:
12        "NOTICE OF RIGHTS CONCERNING THE SALE OF CATS AND DOGS
13        The  sale  of  cats  and  dogs  is  subject  to  Illinois
14    consumer-protection    laws.    If    an    Illinois-licensed
15    veterinarian states in writing that your cat or dog is  unfit
16    for  purchase  because  it  became  ill  due to an illness or
17    disease that existed within 21  days  following  delivery  to
18    you, or within one year following delivery to you in the case
19    of a congenital or hereditary condition, you may choose to do
20    one of the following:
21             (1)  You  may  return  your cat or dog and receive a
22        refund of the purchase price, plus sales tax, and receive
23        reimbursement of reasonable veterinary  fees  up  to  the
24        purchase price of the cat or dog, including sales tax.
25             (2)  If  a  replacement cat or dog is available, you
26        may return your cat or dog and receive a cat  or  dog  of
27        your choice of equivalent value and receive reimbursement
28        for  reasonable  veterinary fees up to the purchase price
29        of the cat or dog, including sales tax.
30             (3)  You may  keep  your  cat  or  dog  and  receive
31        reimbursement  for  reasonable veterinary fees up to 150%
32        of the  original  purchase  price  of  the  cat  or  dog,
33        including sales tax.
 
                            -14-     LRB093 08327 WGH 08546 b
 1        You  may  receive  a refund for the purchase price of the
 2    cat or dog, plus sales tax, or a replacement cat  or  dog  of
 3    your  choice  of  equivalent  value,  and  reimbursement  for
 4    reasonable veterinary fees for the diagnosis and treatment of
 5    the   cat   or   dog,   if  your  cat  or  dog  dies  and  an
 6    Illinois-licensed veterinarian states in writing that (1) the
 7    cat or dog has died due to an illness or disease that existed
 8    within  21  business  days  after   you   obtained   physical
 9    possession  of  the cat or dog from the pet dealer or (2) the
10    cat or dog  has  died  due  to  a  congenital  or  hereditary
11    condition  that  was diagnosed by the veterinarian within one
12    year after you obtained physical possession of the cat or dog
13    from  the  pet  dealer.   The  reimbursement  for  reasonable
14    veterinary fees may not exceed the purchase price of the  cat
15    or dog, including sale tax.
16        To  exercise these rights, you must notify the pet dealer
17    as quickly as possible but not later than  14  business  days
18    after  learning from your veterinarian that a problem exists.
19    You must tell the pet dealer about the problem and  give  the
20    pet  dealer the name and telephone number of the veterinarian
21    providing the diagnosis.
22        If you are making a claim, you must also present  to  the
23    pet  dealer (i) a veterinarian's written statement, in a form
24    prescribed by law, that the cat or dog is unfit for  purchase
25    and (ii) an itemized statement of all veterinary fees related
26    to  the claim.  This information must be presented to the pet
27    dealer no later than 5  days  after  you  have  received  the
28    written statement from the veterinarian.
29        If  the pet dealer wishes to contest the statement or the
30    veterinarian's bill, the pet  dealer  may  request  that  you
31    produce  the  cat  or  dog  for  examination  by  a  licensed
32    veterinarian of the pet dealer's choice.  The pet dealer must
33    pay the cost of this examination.
34        In the event of the death of the cat or dog, the deceased
 
                            -15-     LRB093 08327 WGH 08546 b
 1    cat  or  dog  need  not  be returned to the pet dealer if you
 2    submit a statement issued by a licensed veterinarian  stating
 3    the cause of death.
 4        If you and the pet dealer cannot resolve the claim within
 5    14  business  days  following  receipt  of the veterinarian's
 6    statement  or   the   examination   by   the   pet   dealer's
 7    veterinarian,  whichever  event occurs later, you may file an
 8    action in the circuit court  to  resolve  the  dispute.   The
 9    prevailing  party may collect reasonable attorney's fees.  If
10    the pet dealer does not contest the matter,  the  pet  dealer
11    must  make  the refund or reimbursement no later than 14 days
12    after receiving the veterinarian's statement.
13        If the pet dealer has represented a  dog  as  registrable
14    with a pedigree organization, the pet dealer must provide you
15    with  the necessary papers to process the registration within
16    120 days following the date you receive the dog.  If the  pet
17    dealer fails to deliver the papers within the prescribed time
18    frame,  you  are entitled to return the dog for a full refund
19    of the purchase price, including sales tax, or  a  refund  of
20    75% of the purchase price, including sales tax, if you choose
21    to keep the dog.
22        This  notice  contains a summary of key provisions of the
23    consumer  remedies  available.  Illinois  law  also  provides
24    safeguards to protect pet dealers from abuse.   If  you  have
25    any questions, obtain a copy of the complete relevant laws.
26        NOTE:   This  notice  contains a summary of Illinois law.
27    The law on which it is based is contained  in the Retail Sale
28    of Dogs and Cats Act."
29        The pet dealer must permit persons to review the  written
30    notice upon request.

31        Section  75.   Other remedies; additional terms.  Nothing
32    in this Act in any way limits the rights or remedies that are
33    otherwise available to a consumer under any  other  law,  nor
 
                            -16-     LRB093 08327 WGH 08546 b
 1    does  this  Act  in  any  way  limit  the  pet dealer and the
 2    purchaser from agreeing between  themselves  upon  additional
 3    terms and conditions that are not inconsistent with this Act.
 4    Any  agreement or contract by a purchaser to waive any rights
 5    under  this  Act  is  null  and   void,   however,   and   is
 6    unenforceable.

 7        Section  80.   Representations concerning pedigree; dogs.
 8    A pet dealer may  not  state,  promise,  or  represent  to  a
 9    purchaser,  directly  or indirectly, that a dog is registered
10    or capable  of  being  registered  with  an  animal  pedigree
11    registry  organization  unless  the  pet  dealer provides the
12    purchaser with the documents necessary for that  registration
13    within  120 days following the date of sale of the dog.  If a
14    pet dealer fails  to  provide  the  documents  necessary  for
15    registration  within  120  days following the date of sale in
16    violation of this Section, the purchaser  is  entitled,  upon
17    written  notice  to the pet dealer, to (i) retain the dog and
18    receive a partial  refund  of  75%  of  the  purchase  price,
19    including sales tax, paid by the purchaser or (ii) return the
20    dog  for a full refund of the purchase price, including sales
21    tax, paid by the purchaser.

22        Section 85.  Diseased or ill animal; penalties.
23        (a)  Except as provided in subdivision (c)(6) of  Section
24    20,  a  pet  dealer  may not knowingly sell an animal that is
25    diseased,   is   ill,   or   has   a   condition    requiring
26    hospitalization  or  a  surgical  procedure.   Instead of the
27    civil penalties imposed under Section 30, a  pet  dealer  who
28    violates  this  Section  is subject to a civil penalty of not
29    less than $500 but not more than $1,000 for a first  offense,
30    and  is  also subject to a suspension of the dealer's license
31    to sell animals so that the dealer is prohibited from selling
32    animals for 60 days.  For a second offense, the pet dealer is
 
                            -17-     LRB093 08327 WGH 08546 b
 1    subject to a civil penalty of not less than  $1,000  but  not
 2    more  than $2,500 and a suspension of the dealer's license to
 3    sell animals so that the dealer is  prohibited  from  selling
 4    animals for 6 months.  For a third offense, the pet dealer is
 5    subject  to  a  civil penalty of not less than $2,500 but not
 6    more than $5,000 and shall be prohibited from selling animals
 7    for 3 years.  For a fourth offense, the pet dealer's  license
 8    shall  be  automatically  revoked for a period of 5 years.  A
 9    pet dealer whose license has been revoked may not apply for a
10    pet dealer license during the period of revocation.
11        (b)  An action to enforce collection of the civil penalty
12    and for a court order prohibiting the pet dealer from selling
13    animals under this Section may be prosecuted in the  name  of
14    the  People  of the State of Illinois by the State's Attorney
15    for the  county  where  the  violation  is  alleged  to  have
16    occurred.
17        (c)  If  a  person  knowingly  sells  an  animal  that is
18    diseased,   is   ill,   or   has   a   condition    requiring
19    hospitalization  or  a surgical procedure, except as provided
20    in subdivision (c)(6)  of  Section  20,  the  Department  may
21    revoke  or  refuse  to issue or renew the person's pet dealer
22    license.

23        Section  90.   Examination   of   animal   before   sale;
24    euthanasia.
25        (a)  An  animal  may  not  be  offered  for sale by a pet
26    dealer to a purchaser until the animal has been examined by a
27    veterinarian licensed in this State.   Each  animal  must  be
28    examined with 5 days after the pet dealer receives the animal
29    and  once every 15 days thereafter while the animal is in the
30    possession or custody of the pet dealer. The pet dealer  must
31    provide  a  sick  animal  with proper veterinary care without
32    delay.
33        (b)  An animal diagnosed with a contagious or  infectious
 
                            -18-     LRB093 08327 WGH 08546 b
 1    disease, illness, or condition must be crated separately from
 2    healthy animals until a licensed veterinarian determines that
 3    the animal is free from contagion or infection.  The separate
 4    area  in  which  the animal is crated must meet the following
 5    conditions:
 6             (1)  The area may not be used to house other healthy
 7        animals or new arrivals awaiting the required  veterinary
 8        examination.
 9             (2)  The  area may not be used for storing open food
10        containers or bowls, dishes, or other utensils that  come
11        in contact with health animals.
12             (3)  The  area must have an exhaust fan that creates
13        air movement from the isolation area to an  area  outside
14        the  premises  of the pet dealer.  The removal of exhaust
15        air from the isolation area may be  accomplished  by  the
16        use  of existing heating and air-conditioning ducts if no
17        exhaust air is permitted to enter or mix with  fresh  air
18        for use by the general animal population.
19             (4)  Upon  removal  of  all  of  the  contagious  or
20        infectious   animals,   the  area  must  be  cleaned  and
21        disinfected before any healthy animal may  be  placed  in
22        the area.
23        (c)  If the pet dealer's veterinarian deems the animal to
24    be   unfit  for  purchase  due  to  a  disease,  illness,  or
25    congenital condition, any of which is fatal or causes, or  is
26    likely   to   cause,   the   animal  to  unduly  suffer,  the
27    veterinarian  shall  humanely  euthanize  the  animal.    The
28    veterinarian  must  provide  the  pet  dealer  with a written
29    statement as to why the animal  was  euthanized.   Otherwise,
30    the  pet  dealer must have a veterinarian treat the animal or
31    may surrender  the  animal  to  a  humane  organization  that
32    consents to receive the animal.
33        (d)  If  an  animal  is  returned  to a pet dealer due to
34    illness, disease, or a  congenital  or  hereditary  condition
 
                            -19-     LRB093 08327 WGH 08546 b
 1    requiring  veterinary  care,  the pet dealer must provide the
 2    animal with proper veterinary care.

 3        Section 95.  Notice of  state  where  dog  was  bred  and
 4    brokered.   A  pet dealer must post conspicuously on the cage
 5    of each dog offered for sale a notice  indicating  the  state
 6    where the dog was bred and brokered.

 7        Section 100.  Notice to consumers.
 8        (a)  A   pet   dealer  must  post  conspicuously,  within
 9    proximity to the cages of animals offered for sale, a  notice
10    containing the following language in 100-point type:
11        "Information   on   the   source  of  these  animals  and
12    veterinary treatments received by these animals is  available
13    for  review.   You are entitled to a written notice of rights
14    concerning the sale of cats and dogs."
15        (b)  Upon request for information regarding an animal,  a
16    pet  dealer  must  make  immediately available to prospective
17    purchasers all of the information required to be disclosed to
18    purchasers under Section 20 and Section 70.
19        (c)  At the time of sale of an animal, a pet dealer  must
20    provide  the  purchaser  with  information  on  the  value of
21    spaying and neutering dogs and cats.

22        Section 105. Construction. Nothing in this Act  shall  be
23    construed to limit or restrict approved humane investigators,
24    Department investigators, law enforcement officers, or animal
25    control  wardens  from  enforcing the Humane Care for Animals
26    Act, the Animal Welfare Act, or any other law relating to the
27    humane treatment of or cruelty to animals.