Bill Text: IL SB1882 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Animal Welfare Act. Provides that every dog dealer and cattery operator shall provide for every dog or cat available for sale documentation that indicates that the dog or cat has been microchipped. Requires an animal shelter or animal control facility to provide information to an adopter prior to the time of adoption whether the dog or cat to be adopted was microchipped prior to being placed in the animal shelter or animal control facility. Provides that if a dog or cat turned into an animal shelter has a microchip and the primary contact or owner refuses to reclaim the cat or dog, the shelter shall contact the pet shop operator or rescue organization identified on the microchip and request they claim the dog or cat. Provides that a pet shop operator, dog dealer, or cattery 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 has committed violations of certain federal laws or regulations, as tracked by the United States Department of Agriculture. Provides for certain exceptions. Requires pet shop operators to microchip all dogs and cats. Requires pet shop operators to include a disclosure that a dog or cat for sale has been microchipped. Denies home rule powers. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 29-13)

Status: (Enrolled) 2017-05-30 - Passed Both Houses [SB1882 Detail]

Download: Illinois-2017-SB1882-Enrolled.html



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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be referred to as the
5Best Practices and Uniform Standards to Ensure Consumer
6Protection and Safe Pets Act.
7 Section 5. The Animal Welfare Act is amended by changing
8Sections 3.1, 3.6, and 3.15 and by adding Section 3.8 as
9follows:
10 (225 ILCS 605/3.1) (from Ch. 8, par. 303.1)
11 Sec. 3.1. Information on dogs and cats for sale by a dog
12dealer or cattery operator. Every dog dealer and cattery
13operator shall provide the following information for every dog
14or cat available for sale:
15 (a) The age, sex, and weight of the animal.
16 (b) The breed of the animal.
17 (c) A record of vaccinations and veterinary care and
18treatment.
19 (d) A record of surgical sterilization or lack of surgical
20sterilization.
21 (e) The name and address of the breeder of the animal.
22 (f) The name and address of any other person who owned or

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1harbored the animal between its birth and the point of sale.
2 (g) Documentation that indicates that the dog or cat has
3been microchipped and the microchip has been enrolled in a
4nationally searchable database.
5(Source: P.A. 96-1470, eff. 1-1-11.)
6 (225 ILCS 605/3.6)
7 Sec. 3.6. Acceptance of stray dogs and cats.
8 (a) No animal shelter may accept a stray dog or cat unless
9the animal is reported by the shelter to the animal control or
10law enforcement of the county in which the animal is found by
11the next business day. An animal shelter may accept animals
12from: (1) the owner of the animal where the owner signs a
13relinquishment form which states he or she is the owner of the
14animal; (2) an animal shelter licensed under this Act; or (3)
15an out-of-state animal control facility, rescue group, or
16animal shelter that is duly licensed in their state or is a
17not-for-profit organization.
18 (b) When stray dogs and cats are accepted by an animal
19shelter, they must be scanned for the presence of a microchip
20and examined for other currently-acceptable methods of
21identification, including, but not limited to, identification
22tags, tattoos, and rabies license tags. The examination for
23identification shall be done within 24 hours after the intake
24of each dog or cat. The animal shelter shall notify the owner
25and transfer any dog with an identified owner to the animal

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1control or law enforcement agency in the jurisdiction in which
2it was found or the local animal control agency for redemption.
3 (c) If no transfer can occur, the animal shelter shall make
4every reasonable attempt to contact the owner, agent, or
5caretaker as soon as possible. The animal shelter shall give
6notice of not less than 7 business days to the owner, agent, or
7caretaker prior to disposal of the animal. The notice shall be
8mailed to the last known address of the owner, agent, or
9caretaker. Testimony of the animal shelter, or its authorized
10agent, who mails the notice shall be evidence of the receipt of
11the notice by the owner, agent, or caretaker of the animal. A
12mailed notice shall remain the primary means of owner, agent,
13or caretaker contact; however, the animal shelter shall also
14attempt to contact the owner, agent, or caretaker by any other
15contact information, such as by telephone or email address,
16provided by the microchip or other method of identification
17found on the dog or cat. If the dog or cat has been
18microchipped and the primary contact listed by the chip
19manufacturer cannot be located or refuses to reclaim the dog or
20cat, an attempt shall be made to contact any secondary contacts
21listed by the chip manufacturer prior to adoption, transfer, or
22euthanization. Prior to transferring any stray dog or cat to
23another humane shelter, pet store, or rescue group, or
24euthanization, the dog or cat shall be scanned again for the
25presence of a microchip and examined for other means of
26identification. If a second scan provides the same identifying

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1information as the initial intake scan and the owner, agent, or
2caretaker has not been located or refuses to reclaim the dog or
3cat, the animal shelter may proceed with adoption, transfer, or
4euthanization.
5 (d) When stray dogs and cats are accepted by an animal
6shelter and no owner can be identified, the shelter shall hold
7the animal for the period specified in local ordinance prior to
8adoption, transfer, or euthanasia. The animal shelter shall
9allow access to the public to view the animals housed there. If
10a dog is identified by an owner who desires to make redemption
11of it, the dog shall be transferred to the local animal control
12for redemption. If no transfer can occur, the animal shelter
13shall proceed pursuant to Section 3.7. Upon lapse of the hold
14period specified in local ordinance and no owner can be
15identified, ownership of the animal, by operation of law,
16transfers to the shelter that has custody of the animal.
17 (e) No representative of an animal shelter may enter
18private property and remove an animal without permission from
19the property owner and animal owner, nor can any representative
20of an animal shelter direct another individual to enter private
21property and remove an animal unless that individual is an
22approved humane investigator (approved by the Department)
23operating pursuant to the provisions of the Humane Care for
24Animals Act.
25 (f) Nothing in this Section limits an animal shelter and an
26animal control facility who, through mutual agreement, wish to

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1enter into an agreement for animal control, boarding, holding,
2or other services provided that the agreement requires parties
3adhere to the provisions of the Animal Control Act, the Humane
4Euthanasia in Animal Shelters Act, and the Humane Care for
5Animals Act.
6(Source: P.A. 99-310, eff. 1-1-16.)
7 (225 ILCS 605/3.8 new)
8 Sec. 3.8. Sourcing of dogs and cats sold by pet shops.
9 (a) A pet shop operator may not obtain a dog or cat for
10resale or sell or offer for sale any dog or cat obtained from a
11person who is required to be licensed by the pet dealer
12regulations of the United States Department of Agriculture
13under the federal Animal Welfare Act (7 U.S.C. 2131 et seq.) if
14any of the following applies to the original breeder:
15 (1) The person is not currently licensed by the United
16 States Department of Agriculture under the federal Animal
17 Welfare Act.
18 (2) During the 2-year period before the day the dog or
19 cat is received by the pet shop, the person received a
20 direct or critical non-compliant citation on a final
21 inspection report from the United States Department of
22 Agriculture under the federal Animal Welfare Act.
23 (3) During the 2-year period before the day the dog or
24 cat is received by the pet shop, the person received 3 or
25 more non-compliant citations on a final inspection report

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1 from the United States Department of Agriculture for
2 violations relating to the health or welfare of the animal
3 and the violations were not administrative in nature.
4 (4) The person received a no-access violation on each
5 of the 3 most recent final inspection reports from the
6 United States Department of Agriculture.
7 (b) A pet shop operator is presumed to have acted in good
8faith and to have satisfied its obligation to ascertain whether
9a person meets the criteria described in subsection (a) of this
10Section if, when placing an order to obtain a dog or cat for
11sale or resale, the pet shop operator conducts a search for
12inspection reports that are readily available of the breeder on
13the Animal Care Information System online search tool
14maintained by the United States Department of Agriculture. If
15inspection reports are not readily available on the United
16States Department of Agriculture website, the pet shop operator
17must obtain the inspection reports from the person or persons
18required to meet the criteria described in subsection (a) of
19this Section.
20 (c) Notwithstanding subsections (a) and (b) of this
21Section, a pet shop operator may obtain a dog or cat for resale
22or sell or offer for sale any dog or cat obtained from: (1) a
23person that sells dogs only he or she has produced and raised
24and who is not required to be licensed by the United States
25Department of Agriculture, (2) a publicly operated pound or a
26private non-profit humane society or rescue, or (3) an animal

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1adoption event conducted by a pound or humane society.
2 (d) A pet shop operator shall maintain records verifying
3its compliance with this Section for 2 years after obtaining
4the dog or cat to be sold or offered for sale. Records
5maintained pursuant to this subsection (d) shall be open to
6inspection on request by a Department of Agriculture inspector.
7 (225 ILCS 605/3.15)
8 Sec. 3.15. Disclosures for dogs and cats being sold by pet
9shops.
10 (a) Prior to the time of sale, every pet shop operator
11must, to the best of his or her knowledge, provide to the
12consumer the following information on any dog or cat being
13offered for sale:
14 (1) The retail price of the dog or cat, including any
15 additional fees or charges.
16 (2) The breed, age, date of birth, sex, and color of
17 the dog or cat.
18 (3) The date and description of any inoculation or
19 medical treatment that the dog or cat received while under
20 the possession of the pet shop operator.
21 (4) The name and business address of both the dog or
22 cat breeder and the facility where the dog or cat was born.
23 If the dog or cat breeder is located in the State, then the
24 breeder's license number. If the dog or cat breeder also
25 holds a license issued by the United States Department of

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1 Agriculture, the breeder's federal license number.
2 (5) (Blank).
3 (6) If eligible for registration with a pedigree
4 registry, then the name and registration numbers of the
5 sire and dam and the address of the pedigree registry where
6 the sire and dam are registered.
7 (7) If the dog or cat was returned by a customer, then
8 the date and reason for the return.
9 (8) A copy of the pet shop's policy regarding
10 warranties, refunds, or returns and an explanation of the
11 remedy under subsections (f) through (m) of this Section in
12 addition to any other remedies available at law.
13 (9) The pet shop operator's license number issued by
14 the Illinois Department of Agriculture.
15 (10) Disclosure that the dog or cat has been
16 microchipped and the microchip has been enrolled in a
17 nationally searchable database. Pet stores must also
18 disclose that the purchaser has the option to list the pet
19 store as a secondary contact on the microchip.
20 (a-5) All dogs and cats shall be microchipped by a pet shop
21operator prior to sale.
22 (b) The information required in subsection (a) shall be
23provided to the customer in written form by the pet shop
24operator and shall have an acknowledgement of disclosures form,
25which must be signed by the customer and the pet shop operator
26at the time of sale. The acknowledgement of disclosures form

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1shall include the following:
2 (1) A blank space for the dated signature and printed
3 name of the pet shop operator, which shall be immediately
4 beneath the following statement: "I hereby attest that all
5 of the above information is true and correct to the best of
6 my knowledge.".
7 (2) A blank space for the customer to sign and print
8 his or her name and the date, which shall be immediately
9 beneath the following statement: "I hereby attest that this
10 disclosure was posted on or near the cage of the dog or cat
11 for sale and that I have read all of the disclosures. I
12 further understand that I am entitled to keep a signed copy
13 of this disclosure.".
14 (c) A copy of the disclosures and the signed
15acknowledgement of disclosures form shall be provided to the
16customer at the time of sale and the original copy shall be
17maintained by the pet shop operator for a period of 2 years
18from the date of sale. A copy of the pet store operator's
19policy regarding warranties, refunds, or returns shall be
20provided to the customer.
21 (d) A pet shop operator shall post in a conspicuous place
22in writing on or near the cage of any dog or cat available for
23sale the information required by subsection (a) of this Section
243.15.
25 (e) If there is an outbreak of distemper, parvovirus, or
26any other contagious and potentially life-threatening disease,

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1the pet shop operator shall notify the Department immediately
2upon becoming aware of the disease. If the Department issues a
3quarantine, the pet shop operator shall notify, in writing and
4within 2 business days of the quarantine, each customer who
5purchased a dog or cat during the 2-week period prior to the
6outbreak and quarantine.
7 (f) A customer who purchased a dog or cat from a pet shop
8is entitled to a remedy under this Section if:
9 (1) within 21 days after the date of sale, a licensed
10 veterinarian states in writing that at the time of sale (A)
11 the dog or cat was unfit for purchase due to illness or
12 disease, the presence of symptoms of a contagious or
13 infectious disease, or obvious signs of severe parasitism
14 that are extreme enough to influence the general health of
15 the animal, excluding fleas or ticks, or (B) the dog or cat
16 has died from a disease that existed in the dog or cat on
17 or before the date of delivery to the customer; or
18 (2) within one year after the date of sale, a licensed
19 veterinarian states in writing that the dog or cat
20 possesses a congenital or hereditary condition that
21 adversely affects the health of the dog or cat or requires
22 either hospitalization or a non-elective surgical
23 procedure or has died of a congenital or hereditary
24 condition. Internal or external parasites may not be
25 considered to adversely affect the health of the dog unless
26 the presence of the parasites makes the dog or cat

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1 clinically ill. The veterinarian's statement shall
2 include:
3 (A) the customer's name and address;
4 (B) a statement that the veterinarian examined the
5 dog or cat;
6 (C) the date or dates that the dog or cat was
7 examined;
8 (D) the breed and age of the dog or cat, if known;
9 (E) a statement that the dog or cat has or had a
10 disease, illness, or congenital or hereditary
11 condition that is subject to remedy; and
12 (F) the findings of the examination or necropsy,
13 including any lab results or copies of the results.
14 (g) A customer entitled to a remedy under subsection (f) of
15this Section may:
16 (1) return the dog or cat to the pet shop for a full
17 refund of the purchase price;
18 (2) exchange the dog or cat for another dog or cat of
19 comparable value chosen by the customer;
20 (3) retain the dog or cat and be reimbursed for
21 reasonable veterinary fees for diagnosis and treatment of
22 the dog or cat, not to exceed the purchase price of the dog
23 or cat; or
24 (4) if the dog or cat is deceased, be reimbursed for
25 the full purchase price of the dog or cat plus reasonable
26 veterinary fees associated with the diagnosis and

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1 treatment of the dog or cat, not to exceed one times the
2 purchase price of the dog or cat.
3 For the purposes of this subsection (g), veterinary fees
4shall be considered reasonable if (i) the services provided are
5appropriate for the diagnosis and treatment of the disease,
6illness, or congenital or hereditary condition and (ii) the
7cost of the services is comparable to that charged for similar
8services by other licensed veterinarians located in close
9proximity to the treating veterinarian.
10 (h) Unless the pet shop contests a reimbursement required
11under subsection (g) of this Section, the reimbursement shall
12be made to the customer no later than 10 business days after
13the pet shop operator receives the veterinarian's statement
14under subsection (f) of this Section.
15 (i) To obtain a remedy under this Section, a customer
16shall:
17 (1) notify the pet shop as soon as reasonably possible
18 and not to exceed 3 business days after a diagnosis by a
19 licensed veterinarian of a disease, illness, or congenital
20 or hereditary condition of the dog or cat for which the
21 customer is seeking a remedy;
22 (2) provide to the pet shop a written statement
23 provided for under subsection (f) of this Section by a
24 licensed veterinarian within 5 business days after a
25 diagnosis by the veterinarian;
26 (3) upon request of the pet shop, take the dog or cat

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1 for an examination by a second licensed veterinarian; the
2 customer may either choose the second licensed
3 veterinarian or allow the pet shop to choose the second
4 veterinarian, if the pet shop agrees to do so. The party
5 choosing the second veterinarian shall assume the cost of
6 the resulting examination; and
7 (4) if the customer requests a reimbursement of
8 veterinary fees, provide to the pet shop an itemized bill
9 for the disease, illness, or congenital or hereditary
10 condition of the dog or cat for which the customer is
11 seeking a remedy.
12 (j) A customer is not entitled to a remedy under this
13Section if:
14 (1) the illness or death resulted from: (A)
15 maltreatment or neglect by the customer; (B) an injury
16 sustained after the delivery of the dog or cat to the
17 customer; or (C) an illness or disease contracted after the
18 delivery of the dog or cat to the customer;
19 (2) the customer does not carry out the recommended
20 treatment prescribed by the veterinarian who made the
21 diagnosis; or
22 (3) the customer does not return to the pet shop all
23 documents provided to register the dog or cat, unless the
24 documents have already been sent to the registry
25 organization.
26 (k) A pet shop may contest a remedy under this Section by

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1having the dog or cat examined by a second licensed
2veterinarian pursuant to paragraph (3) of subsection (i) of
3this Section if the dog or cat is still living. If the dog or
4cat is deceased, the pet shop may choose to have the second
5veterinarian review any records provided by the veterinarian
6who examined or treated the dog or cat for the customer before
7its death.
8 If the customer and the pet shop have not reached an
9agreement within 10 business days after the examination of the
10medical records and the dog or cat, if alive, or the dog's or
11cat's medical records, if deceased, by the second veterinarian,
12then:
13 (1) the customer may bring suit in a court of competent
14 jurisdiction to resolve the dispute; or
15 (2) if the customer and the pet shop agree in writing,
16 the parties may submit the dispute to binding arbitration.
17 If the court or arbiter finds that either party acted in
18bad faith in seeking or denying the requested remedy, then the
19offending party may be required to pay reasonable attorney's
20fees and court costs of the adverse party.
21 (l) This Section shall not apply to any adoption of dogs or
22cats, including those in which a pet shop or other organization
23rents or donates space to facilitate the adoption.
24 (m) If a pet shop offers its own warranty on a pet, a
25customer may choose to waive the remedies provided under
26subsection (f) of this Section in favor of choosing the

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1warranty provided by the pet shop. If a customer waives the
2rights provided by subsection (f), the only remedies available
3to the customer are those provided by the pet shop's warranty.
4For the statement to be an effective waiver of the customer's
5right to refund or exchange the animal under subsection (f),
6the pet shop must provide, in writing, a statement of the
7remedy under subsection (f) that the customer is waiving as
8well as a written copy of the pet shop's warranty. For the
9statement to be an effective waiver of the customer's right to
10refund or exchange the animal under subsection (f), it shall be
11substantially similar to the following language:
12 "I have agreed to accept the warranty provided by the
13 pet shop in lieu of the remedies under subsection (f) of
14 Section 3.15 of the Animal Welfare Act. I have received a
15 copy of the pet shop's warranty and a statement of the
16 remedies provided under subsection (f) of Section 3.15 of
17 the Animal Welfare Act. This is a waiver pursuant to
18 subsection (m) of Section 3.15 of the Animal Welfare Act
19 whereby I, the customer, relinquish any and all right to
20 return the animal for congenital and hereditary disorders
21 provided by subsection (f) of Section 3.15 of the Animal
22 Welfare Act. I agree that my exclusive remedy is the
23 warranty provided by the pet shop at the time of sale.".
24(Source: P.A. 98-509, eff. 1-1-14; 98-593, eff. 11-15-13.)
25 Section 10. The Animal Control Act is amended by changing

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1Section 10 as follows:
2 (510 ILCS 5/10) (from Ch. 8, par. 360)
3 Sec. 10. Impoundment; redemption. When dogs or cats are
4apprehended and impounded, they must be scanned for the
5presence of a microchip and examined for other currently
6acceptable methods of identification, including, but not
7limited to, identification tags, tattoos, and rabies license
8tags. The examination for identification shall be done within
924 hours after the intake of each dog or cat. The Administrator
10shall make every reasonable attempt to contact the owner as
11defined by Section 2.16, agent, or caretaker as soon as
12possible. The Administrator shall give notice of not less than
137 business days to the owner, agent, or caretaker prior to
14disposal of the animal. Such notice shall be mailed to the last
15known address of the owner, agent, or caretaker. Testimony of
16the Administrator, or his or her authorized agent, who mails
17such notice shall be evidence of the receipt of such notice by
18the owner, agent, or caretaker of the animal. A mailed notice
19shall remain the primary means of owner, agent, or caretaker
20contact; however, the Administrator shall also attempt to
21contact the owner, agent, or caretaker by any other contact
22information, such as by telephone or email address, provided by
23the microchip or other method of identification found on the
24dog or cat. If the dog or cat has been microchipped and the
25primary contact listed by the chip manufacturer cannot be

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1located or refuses to reclaim the dog or cat, an attempt shall
2be made to contact any secondary contacts listed by the chip
3manufacturer prior to adoption, transfer, or euthanization.
4Prior to transferring the dog or cat to another humane shelter,
5pet store, rescue group, or euthanization, the dog or cat shall
6be scanned again for the presence of a microchip and examined
7for other means of identification. If a second scan provides
8the same identifying information as the initial intake scan and
9the owner, agent, or caretaker has not been located or refuses
10to reclaim the dog or cat, the animal control facility may
11proceed with the adoption, transfer, or euthanization.
12 In case the owner, agent, or caretaker of any impounded dog
13or cat desires to make redemption thereof, he or she may do so
14by doing the following:
15 a. Presenting proof of current rabies inoculation and
16 registration, if applicable.
17 b. Paying for the rabies inoculation of the dog or cat
18 and registration, if applicable.
19 c. Paying the pound for the board of the dog or cat for
20 the period it was impounded.
21 d. Paying into the Animal Control Fund an additional
22 impoundment fee as prescribed by the Board as a penalty for
23 the first offense and for each subsequent offense.
24 e. Paying a $25 public safety fine to be deposited into
25 the Pet Population Control Fund; the fine shall be waived
26 if it is the dog's or cat's first impoundment and the

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1 owner, agent, or caretaker has the animal spayed or
2 neutered within 14 days.
3 f. Paying for microchipping and registration if not
4 already done.
5 The payments required for redemption under this Section
6shall be in addition to any other penalties invoked under this
7Act and the Illinois Public Health and Safety Animal Population
8Control Act. An animal control agency shall assist and share
9information with the Director of Public Health in the
10collection of public safety fines.
11(Source: P.A. 97-240, eff. 1-1-12.)
12 Section 99. Effective date. This Act takes effect upon
13becoming law.
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