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Public Act 102-0586


 

Public Act 0586 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0586
 
HB1711 EnrolledLRB102 05111 SPS 15131 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Animal Welfare Act is amended by changing
Sections 2, 3.8, 3.15, 20 and 20.5 and by adding Section 3.9 as
follows:
 
    (225 ILCS 605/2)  (from Ch. 8, par. 302)
    Sec. 2. Definitions. As used in this Act unless the
context otherwise requires:
    "Department" means the Illinois Department of Agriculture.
    "Director" means the Director of the Illinois Department
of Agriculture.
    "Pet shop operator" means any person who sells, offers to
sell, exchange, or offers for adoption with or without charge
or donation dogs, cats, birds, fish, reptiles, or other
animals customarily obtained as pets in this State at retail
to the public. However, a person who sells only such animals
that he has produced and raised shall not be considered a pet
shop operator under this Act, and a veterinary hospital or
clinic operated by a veterinarian or veterinarians licensed
under the Veterinary Medicine and Surgery Practice Act of 2004
shall not be considered a pet shop operator under this Act.
    "Dog dealer" means any person who sells, offers to sell,
exchange, or offers for adoption with or without charge or
donation dogs in this State. However, a person who sells only
dogs that he has produced and raised shall not be considered a
dog dealer under this Act, and a veterinary hospital or clinic
operated by a veterinarian or veterinarians licensed under the
Veterinary Medicine and Surgery Practice Act of 2004 shall not
be considered a dog dealer under this Act.
    "Secretary of Agriculture" or "Secretary" means the
Secretary of Agriculture of the United States Department of
Agriculture.
    "Person" means any person, firm, corporation, partnership,
association or other legal entity, any public or private
institution, the State of Illinois, or any municipal
corporation or political subdivision of the State.
    "Kennel operator" means any person who operates an
establishment, other than an animal control facility,
veterinary hospital, or animal shelter, where dogs or dogs and
cats are maintained for boarding, training or similar purposes
for a fee or compensation.
    "Boarding" means a time frame greater than 12 hours or an
overnight period during which an animal is kept by a kennel
operator.
    "Cat breeder" means a person who sells, offers to sell,
exchanges, or offers for adoption with or without charge cats
that he or she has produced and raised. A person who owns, has
possession of, or harbors 5 or less females capable of
reproduction shall not be considered a cat breeder.
    "Dog breeder" means a person who sells, offers to sell,
exchanges, or offers for adoption with or without charge dogs
that he has produced and raised. A person who owns, has
possession of, or harbors 5 or less females capable of
reproduction shall not be considered a dog breeder.
    "Animal control facility" means any facility operated by
or under contract for the State, county, or any municipal
corporation or political subdivision of the State for the
purpose of impounding or harboring seized, stray, homeless,
abandoned or unwanted dogs, cats, and other animals. "Animal
control facility" also means any veterinary hospital or clinic
operated by a veterinarian or veterinarians licensed under the
Veterinary Medicine and Surgery Practice Act of 2004 which
operates for the above mentioned purpose in addition to its
customary purposes.
    "Animal shelter" means a facility operated, owned, or
maintained by a duly incorporated humane society, animal
welfare society, or other non-profit organization having
tax-exempt status under Section 501(c)(3) of the Internal
Revenue Code for the purpose of providing for and promoting
the welfare, protection, and humane treatment of animals. An
organization that does not have its own building that
maintains animals solely in foster homes or other licensees is
an "animal shelter" for purposes of this Act. "Animal shelter"
also means any veterinary hospital or clinic operated by a
veterinarian or veterinarians licensed under the Veterinary
Medicine and Surgery Practice Act of 2004 which operates for
the above mentioned purpose in addition to its customary
purposes.
    "Day care operator" means a person who operates an
establishment, other than an animal control facility,
veterinary hospital, or animal shelter, where dogs or dogs and
cats are kept for a period of time not exceeding 12 hours.
    "Foster home" means an entity that accepts the
responsibility for stewardship of animals that are the
obligation of an animal shelter or animal control facility,
not to exceed 4 foster animals or 2 litters under 8 weeks of
age at any given time. A written agreement to operate as a
"foster home" shall be contracted with the animal shelter or
animal control facility.
    "Guard dog service" means an entity that, for a fee,
furnishes or leases guard or sentry dogs for the protection of
life or property. A person is not a guard dog service solely
because he or she owns a dog and uses it to guard his or her
home, business, or farmland.
    "Guard dog" means a type of dog used primarily for the
purpose of defending, patrolling, or protecting property or
life at a commercial establishment other than a farm. "Guard
dog" does not include stock dogs used primarily for handling
and controlling livestock or farm animals, nor does it include
personally owned pets that also provide security.
    "Return" in return to field or trap, neuter, return
program means to return the cat to field after it has been
sterilized and vaccinated for rabies.
    "Sentry dog" means a dog trained to work without
supervision in a fenced facility other than a farm, and to
deter or detain unauthorized persons found within the
facility.
    "Probationary status" means the 12-month period following
a series of violations of this Act during which any further
violation shall result in an automatic 12-month suspension of
licensure.
    "Owner" means any person having a right of property in an
animal, who keeps or harbors an animal, who has an animal in
his or her care or acts as its custodian, or who knowingly
permits a dog to remain on any premises occupied by him or her.
"Owner" does not include a feral cat caretaker participating
in a trap, spay/neuter, vaccinate for rabies, and return
program.
    "Offer for sale" means to sell, exchange for
consideration, offer for adoption, advertise for the sale of,
barter, auction, give away, or otherwise dispose of animals.
(Source: P.A. 100-842, eff. 1-1-19; 100-870, eff. 1-1-19;
101-81, eff. 7-12-19; 101-295, eff. 8-9-19.)
 
    (225 ILCS 605/3.8)
    Sec. 3.8. Prohibition Sourcing of dogs and cats sold by
pet shops; recordkeeping.
    (a) A pet shop operator may offer for sale a dog or cat
only if the dog or cat is obtained from an animal control
facility or animal shelter, located in-state or out-of-state,
that is in compliance with Section 3.9.
    (b) A pet shop operator shall keep a record of each dog or
cat offered for sale. The record must be kept on file for a
period of 2 years following the acquisition of each dog or cat,
made available to the Department upon request, and submitted
to the Department on May 1 and November 1 of each year. The
record shall include the following:
        (1) name, address, and phone number of the animal
    control facility or animal shelter each dog or cat was
    obtained from; and
        (2) documentation from the animal control facility or
    animal shelter each dog or cat was obtained from
    demonstrating compliance with Section 3.9, including the
    circumstances that led to the animal control facility or
    animal shelter obtaining ownership of the dog or cat and
    any other information indicating the dog or cat was not
    obtained from a source prohibited in Section 3.9.
    (c) In addition to the penalties set forth in Section
20.5, a pet shop operator that violates subsection (a) shall
no longer offer for sale a dog or cat regardless of where the
dog or cat was obtained.
    (d) Nothing in this Section prohibits a pet shop operator
from providing space to an animal control facility or animal
shelter to showcase dogs or cats owned by these entities for
the purpose of adoption.
    (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.
(Source: P.A. 100-322, eff. 8-24-17.)
 
    (225 ILCS 605/3.9 new)
    Sec. 3.9. Animal control facilities and animal shelters
supplying to pet shop operators.
    (a) An animal control facility or animal shelter that
supplies dogs or cats to pet shop operators to be offered for
sale shall not be a dog breeder or a cat breeder or obtain dogs
or cats from a dog breeder, a cat breeder, a person who resells
dogs or cats from a breeder, or a person who sells dogs or cats
at auction in exchange for payment or compensation.
    (b) An animal control facility or animal shelter that
supplies dogs or cats to pet shops to be offered for sale shall
provide pet shops with documentation demonstrating compliance
with this Section, including a description of the ownership
history of each dog or cat supplied, if known, the
circumstances that led to ownership of the dog or cat, and any
other information indicating the dog or cat was not obtained
from a source prohibited in this Section.
 
    (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 or breeds, if known, 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, and any
    inoculation or medical treatment that the dog or cat
    received while under the possession of the animal control
    facility or animal shelter that the pet shop operator is
    aware of.
        (4) Sourcing information required in subsection (b) of
    Section 3.8. 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) (Blank). 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. 100-322, eff. 8-24-17.)
 
    (225 ILCS 605/20)  (from Ch. 8, par. 320)
    Sec. 20. Any person violating any provision of this Act,
other than a violation of Section 3.8 of this Act, or any rule,
regulation, or order of the Department issued pursuant to this
Act is guilty of a Class C misdemeanor and every day a
violation continues constitutes a separate offense.
(Source: P.A. 89-178, eff. 7-19-95.)
 
    (225 ILCS 605/20.5)
    Sec. 20.5. Administrative fines. The following
administrative fines shall may be imposed by the Department
upon any person or entity who violates any provision of this
Act or any rule adopted by the Department under this Act:
        (1) For the first violation, a fine of $500 $1,000.
        (2) For a second violation that occurs within 3 2
    years after the first violation, a fine of $1,000 $2,500.
        (3) For a third violation that occurs within 3 2 years
    after the first violation, mandatory probationary status
    and a fine of $2,500 $3,000.
    If a person or entity fails or refuses to pay an
administrative fine authorized by this Section, the Department
may prohibit that person or entity from renewing a license
under this Act until the fine is paid in full. Any penalty of
$500 or more not paid within 120 days of issuance by the
Department shall be submitted to the Department of Revenue for
collection as provided under the Illinois State Collection Act
of 1986.
(Source: P.A. 101-295, eff. 8-9-19.)
 
    Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
 
    Section 99. Effective date. This Act takes effect 180 days
after becoming law.

Effective Date: 2/23/2022