Bill Text: IA SF340 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to commercial establishments selling dogs or cats to consumers, by providing for express warranties covering the condition of the dogs or cats, and making penalties applicable.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-02 - Subcommittee, Taylor, Hart, and Rozenboom. S.J. 414. [SF340 Detail]
Download: Iowa-2015-SF340-Introduced.html
Senate File 340 - Introduced SENATE FILE BY GUTH A BILL FOR 1 An Act relating to commercial establishments selling dogs or 2 cats to consumers, by providing for express warranties 3 covering the condition of the dogs or cats, and making 4 penalties applicable. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2444XS (5) 86 da/nh PAG LIN 1 1 Section 1. NEW SECTION. 162.17 Express warranty. 1 2 1. A commercial establishment that transfers ownership 1 3 and possession of a dog or cat to a consumer for the personal 1 4 use and enjoyment of the consumer, and not for resale, shall 1 5 furnish the consumer with an express warranty in written form 1 6 covering damages caused by the condition of the dog or cat as 1 7 provided in this section. The form of the express warranty 1 8 shall be prescribed by the department. 1 9 2. If a commercial establishment fails to furnish a written 1 10 express warranty to a consumer, the express warranty shall 1 11 apply as if the commercial establishment had furnished the 1 12 written express warranty to the consumer. 1 13 3. Any waiver of a right by a consumer under this section 1 14 is void. 1 15 4. The express warranty shall expire twenty=one days from 1 16 the date that the consumer takes possession of the dog or cat. 1 17 5. The express warranty shall cover all of the following 1 18 conditions: 1 19 a. (1) An illness or disease that adversely affects the 1 20 health of the dog or cat, including the presence of symptoms of 1 21 a contagious or infectious disease or an obvious sign of severe 1 22 parasitism that is extreme enough to influence the general 1 23 health of the dog or cat. 1 24 (2) An illness or disease does not include the presence of 1 25 fleas or ticks. 1 26 b. A congenital or hereditary condition that adversely 1 27 affects the health of the dog or cat, if the condition results 1 28 in any of the following: 1 29 (1) The hospitalization of the dog or cat or a nonelective 1 30 surgical procedure performed on the dog or cat, as recommended 1 31 by a veterinarian. 1 32 (2) The death of the dog or cat. 1 33 6. A consumer who makes a claim on an express warranty shall 1 34 demand compensation from the commercial establishment in any 1 35 of the following forms: 2 1 a. A refund of moneys paid to the commercial establishment, 2 2 upon the consumer's return of the live dog or cat to the 2 3 commercial establishment or proof provided to the commercial 2 4 establishment that the dog or cat died as a result of a 2 5 condition covered by the express warranty. 2 6 b. An exchange of the dog or cat for another dog or cat 2 7 of comparable value as agreed to by the consumer and the 2 8 commercial establishment. 2 9 c. A reimbursement of reasonable veterinary fees paid by 2 10 the consumer to a licensed veterinarian for diagnosing and 2 11 treating the dog or cat during the twenty=one=day period. The 2 12 reimbursement shall not exceed the amount paid by the consumer 2 13 to the commercial establishment for the dog or cat. 2 14 7. A commercial establishment that transfers a dog or cat 2 15 must post a notice at a conspicuous public location in the 2 16 commercial establishment's principal place of business. The 2 17 notice must briefly explain the terms and conditions of the 2 18 warranty as required by the department. 2 19 8. This section shall not limit rights or remedies available 2 20 to a consumer under any other law. In addition to pursuing 2 21 any other remedy, a consumer who is not compensated under this 2 22 section may bring an action in district court. The court shall 2 23 award a consumer who prevails in such an action the amount 2 24 of any pecuniary loss, together with costs and reasonable 2 25 attorney fees which shall be taxed as part of the costs of the 2 26 action, and any equitable relief that the court determines is 2 27 appropriate. 2 28 EXPLANATION 2 29 The inclusion of this explanation does not constitute agreement with 2 30 the explanation's substance by the members of the general assembly. 2 31 BILL'S PROVISIONS. This bill relates to commercial 2 32 establishments regulated by the department of agriculture 2 33 and land stewardship. The bill provides that a commercial 2 34 establishment that transfers ownership and possession of a 2 35 dog or cat to a consumer for the consumer's personal use must 3 1 furnish the consumer with an express warranty in written form 3 2 covering damages caused by the condition of the dog or cat. 3 3 The bill provides that the express warranty applies regardless 3 4 of whether the commercial establishment provides the consumer 3 5 with a specific written form required to be promulgated by 3 6 the department. The bill provides that the express warranty 3 7 cannot be waived by the consumer and that the warranty expires 3 8 21 days from the date that the consumer takes possession of 3 9 the dog or cat. The express warranty covers illness, disease, 3 10 or a congenital or hereditary condition. The express warranty 3 11 allows the consumer to make a claim for compensation in one of 3 12 several forms: (1) refund, (2) exchange, or (3) reimbursement 3 13 of veterinarian fees. The commercial establishment must post a 3 14 notice briefly explaining the express warranty in a conspicuous 3 15 place. The bill does not limit the rights or remedies provided 3 16 to consumers under other law. The bill allows a consumer who 3 17 does not receive compensation from the commercial establishment 3 18 to bring an action in court to recover pecuniary damages plus 3 19 court costs and reasonable attorney fees, which are to be taxed 3 20 as part of the costs of the action. In addition, the court 3 21 may grant any equitable relief that the court determines is 3 22 appropriate. 3 23 CIVIL PENALTY APPLICABLE. A commercial establishment 3 24 violating the bill's provisions is subject to a civil penalty 3 25 of not more than $500 and each day of a violation constitutes a 3 26 separate offense (Code section 162.12A). 3 27 BACKGROUND. Commercial establishments that are involved in 3 28 these types of transactions include animal shelters and pounds 3 29 which are required to obtain a certificate of registration; 3 30 pet shops which are required to obtain a state license; and 3 31 commercial breeders which are required to obtain a state 3 32 license or a permit if licensed by the United States department 3 33 of agriculture (USDA) (Code section 162.2A). LSB 2444XS (5) 86 da/nh
