Bill Text: IL SB0633 | 2013-2014 | 98th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Public Utilities Act. Makes a technical change in the short title Section.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-11-15 - Public Act . . . . . . . . . 98-0593 [SB0633 Detail]
Download: Illinois-2013-SB0633-Enrolled.html
Bill Title: Amends the Public Utilities Act. Makes a technical change in the short title Section.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-11-15 - Public Act . . . . . . . . . 98-0593 [SB0633 Detail]
Download: Illinois-2013-SB0633-Enrolled.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Animal Welfare Act is amended by changing | ||||||
5 | Section 3.15 as follows:
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6 | (225 ILCS 605/3.15) | ||||||
7 | Sec. 3.15. Disclosures for dogs and cats being sold by pet | ||||||
8 | shops. | ||||||
9 | (a) Prior to the time of sale, every pet shop operator | ||||||
10 | must, to the best of his or her knowledge, provide to the | ||||||
11 | consumer the following information on any dog or cat being | ||||||
12 | offered for sale: | ||||||
13 | (1) The retail price of the dog or cat, including any | ||||||
14 | additional fees or charges. | ||||||
15 | (2) The breed, age, date of birth, sex, and color of | ||||||
16 | the dog or cat. | ||||||
17 | (3) The date and description of any inoculation or | ||||||
18 | medical treatment that the dog or cat received while under | ||||||
19 | the possession of the pet shop operator. | ||||||
20 | (4) The name and business address of both the dog or | ||||||
21 | cat breeder and the facility where the dog or cat was born. | ||||||
22 | If the dog or cat breeder is located in the State, then the | ||||||
23 | breeder's license number. If the dog or cat breeder also |
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1 | holds a license issued by the United States Department of | ||||||
2 | Agriculture, the breeder's federal license number. | ||||||
3 | (5) (Blank). | ||||||
4 | (6) If eligible for registration with a pedigree | ||||||
5 | registry, then the name and registration numbers of the | ||||||
6 | sire and dam and the address of the pedigree registry where | ||||||
7 | the sire and dam are registered. | ||||||
8 | (7) If the dog or cat was returned by a customer, then | ||||||
9 | the date and reason for the return. | ||||||
10 | (8) A copy of the pet shop's policy regarding | ||||||
11 | warranties, refunds, or returns and an explanation of the | ||||||
12 | remedy under subsections (f) through (m) of this Section in | ||||||
13 | addition to any other remedies available at law. | ||||||
14 | (9) The pet shop operator's license number issued by | ||||||
15 | the Illinois Department of Agriculture. | ||||||
16 | (b) The information required in subsection (a) shall be | ||||||
17 | provided to the customer in written form by the pet shop | ||||||
18 | operator and shall have an acknowledgement of disclosures form, | ||||||
19 | which must be signed by the customer and the pet shop operator | ||||||
20 | at the time of sale. The acknowledgement of disclosures form | ||||||
21 | shall include the following: | ||||||
22 | (1) A blank space for the dated signature and printed | ||||||
23 | name of the pet shop operator, which shall be immediately | ||||||
24 | beneath the following statement: "I hereby attest that all | ||||||
25 | of the above information is true and correct to the best of | ||||||
26 | my knowledge.". |
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1 | (2) A blank space for the customer to sign and print | ||||||
2 | his or her name and the date, which shall be immediately | ||||||
3 | beneath the following statement: "I hereby attest that this | ||||||
4 | disclosure was posted on or near the cage of the dog or cat | ||||||
5 | for sale and that I have read all of the disclosures. I | ||||||
6 | further understand that I am entitled to keep a signed copy | ||||||
7 | of this disclosure.". | ||||||
8 | (c) A copy of the disclosures and the signed | ||||||
9 | acknowledgement of disclosures form shall be provided to the | ||||||
10 | customer at the time of sale and the original copy shall be | ||||||
11 | maintained by the pet shop operator for a period of 2 years | ||||||
12 | from the date of sale. A copy of the pet store operator's | ||||||
13 | policy regarding warranties, refunds, or returns shall be | ||||||
14 | provided to the customer. | ||||||
15 | (d) A pet shop operator shall post in a conspicuous place | ||||||
16 | in writing on or near the cage of any dog or cat available for | ||||||
17 | sale the information required by subsection (a) of this Section | ||||||
18 | 3.15.
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19 | (e) If there is an outbreak of distemper, parvovirus, or | ||||||
20 | any other contagious and potentially life-threatening disease, | ||||||
21 | the pet shop operator shall notify the Department immediately | ||||||
22 | upon becoming aware of the disease. If the Department issues a | ||||||
23 | quarantine, the pet shop operator shall notify, in writing and | ||||||
24 | within 2 business days of the quarantine, each customer who | ||||||
25 | purchased a dog or cat during the 2-week period prior to the | ||||||
26 | outbreak and quarantine. |
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1 | (f) A customer who purchased a dog or cat from a pet shop | ||||||
2 | is entitled to a remedy under this Section if: | ||||||
3 | (1) within 21 days after the date of sale, a licensed | ||||||
4 | veterinarian states in writing that at the time of sale (A) | ||||||
5 | the dog or cat was unfit for purchase due to illness or | ||||||
6 | disease, the presence of symptoms of a contagious or | ||||||
7 | infectious disease, or obvious signs of severe parasitism | ||||||
8 | that are extreme enough to influence the general health of | ||||||
9 | the animal, excluding fleas or ticks, or (B) the dog or cat | ||||||
10 | has died from a disease that existed in the dog or cat on | ||||||
11 | or before the date of delivery to the customer; or | ||||||
12 | (2) within one year after the date of sale, a licensed | ||||||
13 | veterinarian states in writing that the dog or cat | ||||||
14 | possesses a congenital or hereditary condition that | ||||||
15 | adversely affects the health of the dog or cat or requires | ||||||
16 | either hospitalization or a non-elective surgical | ||||||
17 | procedure or has died of a congenital or hereditary | ||||||
18 | condition.
Internal or external parasites may not be | ||||||
19 | considered to adversely affect the health of the dog unless | ||||||
20 | the presence of the parasites makes the dog or cat | ||||||
21 | clinically ill.
The veterinarian's statement shall | ||||||
22 | include: | ||||||
23 | (A) the customer's name and address; | ||||||
24 | (B) a statement that the veterinarian examined the | ||||||
25 | dog or cat; | ||||||
26 | (C) the date or dates that the dog or cat was |
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1 | examined; | ||||||
2 | (D) the breed and age of the dog or cat, if known; | ||||||
3 | (E) a statement that the dog or cat has or had a | ||||||
4 | disease, illness, or congenital or hereditary | ||||||
5 | condition that is subject to remedy; and | ||||||
6 | (F) the findings of the examination or necropsy, | ||||||
7 | including any lab results or copies of the results. | ||||||
8 | (g) A customer entitled to a remedy under subsection (f) of | ||||||
9 | this Section may: | ||||||
10 | (1) return the dog or cat to the pet shop for a full | ||||||
11 | refund of the purchase price; | ||||||
12 | (2) exchange the dog or cat for another dog or cat of | ||||||
13 | comparable value chosen by the customer; | ||||||
14 | (3) retain the dog or cat and be reimbursed for | ||||||
15 | reasonable veterinary fees for diagnosis and treatment of | ||||||
16 | the dog or cat, not to exceed the purchase price of the dog | ||||||
17 | or cat; or | ||||||
18 | (4) if the dog or cat is deceased, be reimbursed for | ||||||
19 | the full purchase price of the dog or cat plus reasonable | ||||||
20 | veterinary fees associated with the diagnosis and | ||||||
21 | treatment of the dog or cat, not to exceed one 2 times the | ||||||
22 | purchase price of the dog or cat. | ||||||
23 | For the purposes of this subsection (g), veterinary fees | ||||||
24 | shall be considered reasonable if (i) the services provided are | ||||||
25 | appropriate for the diagnosis and treatment of the disease, | ||||||
26 | illness, or congenital or hereditary condition and (ii) the |
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1 | cost of the services is comparable to that charged for similar | ||||||
2 | services by other licensed veterinarians located in close | ||||||
3 | proximity to the treating veterinarian. | ||||||
4 | (h) Unless the pet shop contests a reimbursement required | ||||||
5 | under subsection (g) of this Section, the reimbursement shall | ||||||
6 | be made to the customer no later than 10 business days after | ||||||
7 | the pet shop operator receives the veterinarian's statement | ||||||
8 | under subsection (f) of this Section. | ||||||
9 | (i) To obtain a remedy under this Section, a customer | ||||||
10 | shall: | ||||||
11 | (1) notify the pet shop as soon as reasonably possible | ||||||
12 | and not to exceed 3 business days after a diagnosis by a | ||||||
13 | licensed veterinarian of a disease, illness, or congenital | ||||||
14 | or hereditary condition of the dog or cat for which the | ||||||
15 | customer is seeking a remedy; | ||||||
16 | (2) provide to the pet shop a written statement | ||||||
17 | provided for under subsection (f) of this Section by a | ||||||
18 | licensed veterinarian within 5 business days after a | ||||||
19 | diagnosis by the veterinarian; | ||||||
20 | (3) upon request of the pet shop, take the dog or cat | ||||||
21 | for an examination by a second licensed veterinarian; the | ||||||
22 | customer may either choose the second licensed | ||||||
23 | veterinarian or allow the pet shop to choose the second | ||||||
24 | veterinarian, if the pet shop agrees to do so. The party | ||||||
25 | choosing the second veterinarian shall assume the cost of | ||||||
26 | the resulting examination; and |
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1 | (4) if the customer requests a reimbursement of | ||||||
2 | veterinary fees, provide to the pet shop an itemized bill | ||||||
3 | for the disease, illness, or congenital or hereditary | ||||||
4 | condition of the dog or cat for which the customer is | ||||||
5 | seeking a remedy. | ||||||
6 | (j) A customer is not entitled to a remedy under this | ||||||
7 | Section if: | ||||||
8 | (1) the illness or death resulted from: (A) | ||||||
9 | maltreatment or neglect by the customer; (B) an injury | ||||||
10 | sustained after the delivery of the dog or cat to the | ||||||
11 | customer; or (C) an illness or disease contracted after the | ||||||
12 | delivery of the dog or cat to the customer; | ||||||
13 | (2) the customer does not carry out the recommended | ||||||
14 | treatment prescribed by the veterinarian who made the | ||||||
15 | diagnosis; or | ||||||
16 | (3) the customer does not return to the pet shop all | ||||||
17 | documents provided to register the dog or cat, unless the | ||||||
18 | documents have already been sent to the registry | ||||||
19 | organization. | ||||||
20 | (k) A pet shop may contest a remedy under this Section by | ||||||
21 | having the dog or cat examined by a second licensed | ||||||
22 | veterinarian pursuant to paragraph (3) of subsection (i) of | ||||||
23 | this Section if the dog or cat is still living. If the dog or | ||||||
24 | cat is deceased, the pet shop may choose to have the second | ||||||
25 | veterinarian review any records provided by the veterinarian | ||||||
26 | who examined or treated the dog or cat for the customer before |
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1 | its death. | ||||||
2 | If the customer and the pet shop have not reached an | ||||||
3 | agreement within 10 business days after the examination of the | ||||||
4 | medical records and the dog or cat, if alive, or the dog's or | ||||||
5 | cat's medical records, if deceased, by the second veterinarian, | ||||||
6 | then: | ||||||
7 | (1) the customer may bring suit in a court of competent | ||||||
8 | jurisdiction to resolve the dispute; or | ||||||
9 | (2) if the customer and the pet shop agree in writing, | ||||||
10 | the parties may submit the dispute to binding arbitration. | ||||||
11 | If the court or arbiter finds that either party acted in | ||||||
12 | bad faith in seeking or denying the requested remedy, then the | ||||||
13 | offending party may be required to pay reasonable attorney's | ||||||
14 | fees and court costs of the adverse party. | ||||||
15 | (l) This Section shall not apply to any adoption of dogs or | ||||||
16 | cats, including those in which a pet shop or other organization | ||||||
17 | rents or donates space to facilitate the adoption. | ||||||
18 | (m) If a pet shop offers its own warranty on a pet, a | ||||||
19 | customer may choose to waive the remedies provided under | ||||||
20 | subsection (f) of this Section in favor of choosing the | ||||||
21 | warranty provided by the pet shop. If a customer waives the | ||||||
22 | rights provided by subsection (f), the only remedies available | ||||||
23 | to the customer are those provided by the pet shop's warranty. | ||||||
24 | For the statement to be an effective waiver of the customer's | ||||||
25 | right to refund or exchange the animal under subsection (f), | ||||||
26 | the pet shop must provide, in writing, a statement of the |
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1 | remedy under subsection (f) that the customer is waiving as | ||||||
2 | well as a written copy of the pet shop's warranty. For the | ||||||
3 | statement to be an effective waiver of the customer's right to | ||||||
4 | refund or exchange the animal under subsection (f), it shall be | ||||||
5 | substantially similar to the following language: | ||||||
6 | "I have agreed to accept the warranty provided by the | ||||||
7 | pet shop in lieu of the remedies under subsection (f) of | ||||||
8 | Section 3.15 of the Animal Welfare Act. I have received a | ||||||
9 | copy of the pet shop's warranty and a statement of the | ||||||
10 | remedies provided under subsection (f) of Section 3.15 of | ||||||
11 | the Animal Welfare Act. This is a waiver pursuant to | ||||||
12 | subsection (m) of Section 3.15 of the Animal Welfare Act | ||||||
13 | whereby I, the customer, relinquish any and all right to | ||||||
14 | return the animal for congenital and hereditary disorders | ||||||
15 | provided by subsection (f) of Section 3.15 of the Animal | ||||||
16 | Welfare Act. I agree that my exclusive remedy is the | ||||||
17 | warranty provided by the pet shop at the time of sale.". | ||||||
18 | (Source: P.A. 98-509, eff. 1-1-14.)
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