Public Act 100-0322

SB1882 Enrolled LRB100 06286 SMS 16323 b

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 1. Short title. This Act may be referred to as the

Best Practices and Uniform Standards to Ensure Consumer

Protection and Safe Pets Act.

Section 5. The Animal Welfare Act is amended by changing

Sections 3.1, 3.6, and 3.15 and by adding Section 3.8 as

follows:

(225 ILCS 605/3.1) (from Ch. 8, par. 303.1)

Sec. 3.1. Information on dogs and cats for sale by a dog

dealer or cattery operator. Every dog dealer and cattery

operator shall provide the following information for every dog

or cat available for sale:

(a) The age, sex, and weight of the animal.

(b) The breed of the animal.

(c) A record of vaccinations and veterinary care and

treatment.

(d) A record of surgical sterilization or lack of surgical

sterilization.

(e) The name and address of the breeder of the animal.

(f) The name and address of any other person who owned or

harbored the animal between its birth and the point of sale.

(g) Documentation that indicates that the dog or cat has

been microchipped and the microchip has been enrolled in a

nationally searchable database.

(Source: P.A. 96-1470, eff. 1-1-11.)

(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

not-for-profit organization.

(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,

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 prior to adoption, transfer, or

euthanization. Prior to transferring any stray dog or cat to

another humane shelter, pet store, or 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

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,

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.

(Source: P.A. 99-310, eff. 1-1-16.)

(225 ILCS 605/3.8 new)

Sec. 3.8. Sourcing of dogs and cats sold by pet shops.

(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.

(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, 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

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. 98-509, eff. 1-1-14; 98-593, eff. 11-15-13.)

Section 10. The Animal Control Act is amended by changing

Section 10 as follows:

(510 ILCS 5/10) (from Ch. 8, par. 360)

Sec. 10. Impoundment; redemption. When dogs or cats are

apprehended and impounded, 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 Administrator

shall make every reasonable attempt to contact the owner as

defined by Section 2.16, agent, or caretaker as soon as

possible. The Administrator shall give notice of not less than

7 business days to the owner, agent, or caretaker prior to

disposal of the animal. Such notice shall be mailed to the last

known address of the owner, agent, or caretaker. Testimony of

the Administrator, or his or her authorized agent, who mails

such notice shall be evidence of the receipt of such notice by

the owner, agent, or caretaker of the animal. A mailed notice

shall remain the primary means of owner, agent, or caretaker

contact; however, the Administrator 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 prior to adoption, transfer, or euthanization.

Prior to transferring the 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 control facility may

proceed with the adoption, transfer, or euthanization.

In case the owner, agent, or caretaker of any impounded dog

or cat desires to make redemption thereof, he or she may do so

by doing the following:

a. Presenting proof of current rabies inoculation and

registration, if applicable.

b. Paying for the rabies inoculation of the dog or cat

and registration, if applicable.

c. Paying the pound for the board of the dog or cat for

the period it was impounded.

d. Paying into the Animal Control Fund an additional

impoundment fee as prescribed by the Board as a penalty for

the first offense and for each subsequent offense.

e. Paying a $25 public safety fine to be deposited into

the Pet Population Control Fund; the fine shall be waived

if it is the dog's or cat's first impoundment and the

owner, agent, or caretaker has the animal spayed or

neutered within 14 days.

f. Paying for microchipping and registration if not

already done.

The payments required for redemption under this Section

shall be in addition to any other penalties invoked under this

Act and the Illinois Public Health and Safety Animal Population

Control Act. An animal control agency shall assist and share

information with the Director of Public Health in the

collection of public safety fines.

(Source: P.A. 97-240, eff. 1-1-12.)

Section 99. Effective date. This Act takes effect upon

becoming law.