Bill Text: IL HB4105 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Animal Welfare Act. Defines "professional breeder". Provides that an animal shelter shall not accept a dog or cat from an owner, animal shelter, or out-of-state animal control facility unless it obtains documentation attesting the dog or cat was not obtained through compensation or payment made to a cat breeder, dog breeder, dog dealer, or dog broker. Provides that a pet shop operator or dog dealer shall submit records to the Department of Agriculture that attests that dogs offered for sale are not obtained from a puppy mill. Provides conditions dog breeders must satisfy relating to primary enclosures, breeding practices, veterinary care, socialization, retirement, and recordkeeping. Provides that dog dealers must comply with disclosure requirements when offering a dog or cat for sale. Increases fees for licenses issued under the Act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4105 Detail]

Download: Illinois-2019-HB4105-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4105 Introduced , by Rep. Margo McDermed SYNOPSIS AS INTRODUCED:
225 ILCS 605/2 from Ch. 8, par. 302
225 ILCS 605/2.2 from Ch. 8, par. 302.2
225 ILCS 605/3.6
225 ILCS 605/3.8
225 ILCS 605/3.10 new
225 ILCS 605/3.15
225 ILCS 605/21 from Ch. 8, par. 321
225 ILCS 605/22 from Ch. 8, par. 322
Amends the Animal Welfare Act. Defines "professional breeder". Provides that an animal shelter shall not accept a dog or cat from an owner, animal shelter, or out-of-state animal control facility unless it obtains documentation attesting the dog or cat was not obtained through compensation or payment made to a cat breeder, dog breeder, dog dealer, or dog broker. Provides that a pet shop operator or dog dealer shall submit records to the Department of Agriculture that attests that dogs offered for sale are not obtained from a puppy mill. Provides conditions dog breeders must satisfy relating to primary enclosures, breeding practices, veterinary care, socialization, retirement, and recordkeeping. Provides that dog dealers must comply with disclosure requirements when offering a dog or cat for sale. Increases fees for licenses issued under the Act.
LRB101 16758 SPS 66149 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB4105 LRB101 16758 SPS 66149 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, 2.2, 3.6, 3.8, 3.15, 21, and 22 and by adding
Section 3.10 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. 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,

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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

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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 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

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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

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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.
"Professional breeder" means a legal entity or individual
that owns, has possession of, or houses more than 5 breeding
female dogs, is required to be licensed and regulated under the
federal Animal Welfare Act by the United States Department of
Agriculture, and, in return for a fee or consideration, sells
or adopts the offspring of the breeding dogs to the public, a
pet store, or a tax-exempt rescue organization.
(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 605/2.2) (from Ch. 8, par. 302.2)
Sec. 2.2. No dog dealer, dog breeder, or cat breeder, or

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animal shelter shall separate a puppy or kitten from its
mother, for the purpose of sale or adoption, until such puppy
or kitten has attained the age of 8 weeks.
All licensees under this Act shall maintain records of the
origin and sale of all dogs, and such records shall be made
available for inspection by the Secretary or the Department
upon demand. Such records must contain proof in proper form of
purebreds and their pedigree, and evidence of such proof must
be provided to any person acquiring a dog from a licensee under
this Act. In addition, guard dog services shall be required to
maintain records of transfer of ownership, death, or
disappearance of a guard dog or sentry dog used by that guard
dog service.
(Source: P.A. 100-842, eff. 1-1-19.)
(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

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not-for-profit organization. An animal shelter shall not
accept a dog or cat from an organization described in item (2)
or (3) of this subsection unless it obtains documentation
attesting that the dog or cat was not obtained through
compensation or payment made to a cat breeder, dog breeder, dog
dealer, or dog broker.
(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,

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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 or the purchaser of the
microchip if the purchaser is a nonprofit organization, animal
shelter, animal control facility, pet store, breeder, or
veterinary office prior to adoption, transfer, or
euthanization. Prior to transferring any stray 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 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

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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,
measures to improve life-saving, 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.
(g) An animal shelter shall not obtain a dog or cat by any
means other than owner surrender, transfer from an animal
control facility, an order by law enforcement, a court order,
or an animal shelter in compliance with subsection (a) of this

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Section.
(Source: P.A. 99-310, eff. 1-1-16; 100-322, eff. 8-24-17;
100-870, eff. 1-1-19.)
(225 ILCS 605/3.8)
Sec. 3.8. Sourcing of dogs and cats sold by pet shops or
dog dealers.
(a) A pet shop operator or dog dealer may not obtain a dog
or cat for resale or sell or offer for sale any dog or cat
obtained from a professional breeder 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

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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) In addition to the sourcing requirements in subsection
(a) of this Section, a pet shop operator or dog dealer shall
also submit records to the Department that attest that dogs
offered for sale are not obtained from a puppy mill. As used in
this Section, "puppy mill" means a breeder operation that sells
dogs for money and fails to adhere to the requirements of this
Section regarding primary enclosures, breeding practices,
veterinary care, socialization, retirement, and recordkeeping.

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The standard of failure by a professional breeder shall be
that, upon inspection by either the government agency with
jurisdiction in the home state the breeder operates in, or, if
the government agency with jurisdiction authorizes the use of
third party certification of inspections: (1) a licensed
veterinarian in good standing in the state in which the
professional breeder is located, (2) the state breeder
association within the state in which the breeder is located,
or (3) at the request of a breeder or pet store, an independent
inspection by an ISO 9001 audit firm, any 2 of the following
conditions are not met:
(A) Primary enclosures.
(i) The primary enclosures are at least 2 times the
currently mandated United States Department of
Agriculture enclosure size as of December 31, 2019.
(ii) The primary enclosures have solid or slatted
floors and may consist of coated or expanded metal
flooring. The mandatory minimum space required for
primary enclosures in professional breeding facilities
shall have solid floors or flooring that is slatted
with slats that are at least 3.5 inches in width with
no more than half-inch gaps between slats. Flooring
shall be constructed in a manner that protects the
dogs' feet and legs from injury and that will not allow
the dogs' feet to pass through any openings in the
floor.

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(iii) The primary enclosures consist of materials
that can be cleaned and sanitized, are safe for the
breed, size, and age of the dog, are free from
protruding sharp edges, and are designed so that the
paw of the dog is unable to extend through or become
caught in the flooring.
(iv) If the flooring surface of the primary
enclosure consists of a material that is not solid, the
primary enclosure has a solid resting area that can
accommodate the full length of the dog while lying
down.
(v) The flooring of the primary enclosure does not
sag, bend, or bounce.
(vi) The primary enclosures are not stacked on top
of one another.
(vii) The indoor temperatures of the primary
enclosures do not exceed below 45 degrees Fahrenheit or
above 85 degrees Fahrenheit for more than 2 hours,
unless a variation is recommended in consultation with
a licensed veterinarian.
(B) Breeding practices and veterinary care.
(i) A breeding female shall receive an examination
by a licensed veterinarian prior to its first breeding
cycle to ensure the female is healthy enough to be
bred.
(ii) Annual veterinarian exams shall include, but

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are not limited to: (I) a hands-on examination by a
veterinarian, including a comprehensive physical
examination, dental assessment, body condition
scoring, and pain assessment, at least once a year to
ensure health problems are identified and treated;
(II) an assessment that a breeding female has received
adequate rest between litters to allow for proper
physical recovery and remains healthy enough to be bred
prior to its next breeding cycle; and (III) regular fur
grooming and nail trimming as needed for the safety and
comfort of the dog based on that dog's breed or at
least twice a year.
(iii) Canine cesarean sections and euthanasia are
to be performed only by licensed veterinarians.
(iv) Retention of veterinarian records detailing
the program of care to ensure professional breeding
facilities provide the necessary care routinely
prescribed to companion animals.
(v) Unless otherwise directed by a veterinarian,
the dog is provided, twice each day, food that is
sufficient to maintain body condition and weight as
directed by a veterinarian; the food shall be unspoiled
and uncontaminated, provided in accordance with a
nutritional plan recommended by a veterinarian, and
served in receptacles that are clean and sanitary.
(vi) Each day, the dog is provided access to a

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continuous supply of potable water that is in clean and
sanitary receptacles and is of sufficient quality and
quantity to ensure maintenance of normal body
condition and growth unless otherwise directed by a
veterinarian.
(vii) The breeder shall comply with a vaccination
and parasite control program that is approved by a
veterinarian and that is consistent with
recommendations of the American Veterinary Medical
Association or the American Animal Hospital
Association.
(C) Socialization.
(i) All adult dogs in professional breeding
facilities have either constant, unfettered access or
supervised daily access to an exercise area of
sufficient size to ensure proper physical development,
health, and socialization. Socialization includes, but
is not limited to, daily petting, stroking, grooming,
feeding, playing with, exercising, or other touching
of the dog that is beneficial to the well-being of the
dog.
(ii) The exercise area should, at a minimum, be at
least twice the amount of space required for the
primary enclosure. The exercise area may be indoors or
outdoors.
(iii) The exercise and socialization program must

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be approved and certified by a licensed veterinarian.
(D) Retirement. If a dog is no longer to be bred or a
veterinarian determines the dog is no longer healthy enough
to be bred, the breeder shall retire the animal. If the
breeder chooses not to keep the dog, the breeder must make
all reasonable efforts to find placement with an adoptive
family, rescue organization, or other appropriate owner
for that animal.
(E) Recordkeeping.
(i) A professional breeder shall maintain all
veterinarian and animal care records for each animal
for 2 years after ceasing to own the animal.
(ii) A professional breeder shall maintain all
certified audit records for 2 years.
(iii) A professional breeder shall provide a copy
of all veterinarian records, audit records, and
inspection reports upon the sale of any animal.
(iv) A pet store operator shall make available
copies of all veterinarian records, audit records, and
inspection reports of any animal.
(v) A pet store operator shall file all inspection
reports and audit records via mail, facsimile, or
electronic mail with the Department.
(d) (c) Notwithstanding subsections (a), and (b), and (c)
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

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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, animal shelter, or
rescue, or (3) an animal adoption event conducted by a pound or
humane society.
(e) (d) A pet shop operator or dog dealer 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 605/3.10 new)
Sec. 3.10. Limitations. Nothing in this Act shall be held
to limit in any manner the power of any municipality or other
political subdivision to regulate the zoning, operation, or
permitting of pet stores, dog dealers, or animal shelters,
provided that no regulation, policy, or ordinance is specific
to the sourcing of animals to be sold or adopted.
(225 ILCS 605/3.15)
Sec. 3.15. Disclosures for dogs and cats being sold by pet
shops or dog dealers.
(a) Prior to the time of sale, every pet shop operator or

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dog dealer 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

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addition to any other remedies available at law.
(9) The pet shop operator's or dog dealer'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 or dog dealer and shall have an acknowledgement of
disclosures form, which must be signed by the customer and the
pet shop operator or dog dealer 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 or dog dealer, 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

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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 or dog dealer 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
or a dog dealer, or adopted a dog or cat from an animal shelter
and the animal shelter did not fully disclose all health
information of the animal to the customer prior to adoption, is

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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;

HB4105 - 22 - LRB101 16758 SPS 66149 b
(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 Section 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

HB4105 - 23 - LRB101 16758 SPS 66149 b
similar services by other licensed veterinarians located in
close proximity to the treating veterinarian.
(h) Unless the pet shop, dog dealer, or animal shelter
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, dog
dealer, or animal shelter 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, dog dealer, or animal shelter
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, dog dealer, or animal
shelter 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, dog dealer, or animal
shelter, 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, dog
dealer, or animal shelter to choose the second
veterinarian, if the pet shop, dog dealer, or animal
shelter agrees to do so. The party choosing the second

HB4105 - 24 - LRB101 16758 SPS 66149 b
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, dog dealer, or
animal shelter 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, dog dealer, or animal shelter 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

HB4105 - 25 - LRB101 16758 SPS 66149 b
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, dog dealer, or animal
shelter 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, dog dealer, or
animal shelter 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) (Blank). 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 or dog dealer 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 or dog dealer. 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

HB4105 - 26 - LRB101 16758 SPS 66149 b
warranty offered by the pet store or dog dealer and accepted by
the customer. 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 or dog dealer 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
offered and accepted 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 or dog dealer in lieu of the remedies under
subsection (f) of Section 3.15 of the Illinois 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 Illinois Animal
Welfare Act. This is a waiver pursuant to subsection (m) of
Section 3.15 of the Illinois 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 Illinois Animal
Welfare Act. I agree that my exclusive remedy is the
warranty provided by the pet shop or dog dealer at the time
of sale.".
(Source: P.A. 100-322, eff. 8-24-17.)

HB4105 - 27 - LRB101 16758 SPS 66149 b
(225 ILCS 605/21) (from Ch. 8, par. 321)
Sec. 21. The following fees shall accompany each
application for a license, which fees shall not be returnable:
a. for an original license to an individual .$500 $350
b. for an original license to a partnership,
animal shelter, or animal control
facility or corporation ................ $350
c. for an annual renewal license ............$250 $100
d. for each branch office license ...........$250 $100
e. for the renewal of any license not renewed by
July 1 of the year ..................... $400
f. (blank)
g. (blank)
(Source: P.A. 101-295, eff. 8-9-19; revised 12-9-19.)
(225 ILCS 605/22) (from Ch. 8, par. 322)
Sec. 22. All fees and other money received by the
Department under this Act shall be paid into the General
Revenue Fund in the State Treasury and shall be appropriated to
the Department for the administration and enforcement of this
Act.
(Source: Laws 1965, p. 2956.)