Bill Amendment: IL HB2793 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: ANIMAL WELFARE-PRO BREEDER
Status: 2023-03-27 - House Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB2793 Detail]
Download: Illinois-2023-HB2793-House_Amendment_001.html
Bill Title: ANIMAL WELFARE-PRO BREEDER
Status: 2023-03-27 - House Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB2793 Detail]
Download: Illinois-2023-HB2793-House_Amendment_001.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 2793
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 2793 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The State Finance Act is amended by adding | ||||||
5 | Section 5.970 as follows:
| ||||||
6 | (30 ILCS 105/5.970 new) | ||||||
7 | Sec. 5.970. The Sourcing and Inspection Compliance Fund.
| ||||||
8 | Section 10. The Animal Welfare Act is amended by changing | ||||||
9 | Sections 3.6, 3.8, 3.9, 3.15, 20, and 22 and by adding Sections | ||||||
10 | 7.2 and 21.5 as follows:
| ||||||
11 | (225 ILCS 605/3.6) | ||||||
12 | Sec. 3.6. Acceptance of stray dogs and cats. | ||||||
13 | (a) No animal shelter may accept a stray dog or cat unless | ||||||
14 | the animal is reported by the shelter to the animal control or |
| |||||||
| |||||||
1 | law enforcement of the county in which the animal is found by | ||||||
2 | the next business day. An animal shelter may accept animals | ||||||
3 | from: (1) the owner of the animal where the owner signs a | ||||||
4 | relinquishment form which states he or she is the owner of the | ||||||
5 | animal; (2) an animal shelter licensed under this Act; or (3) | ||||||
6 | an out-of-state animal control facility, rescue group, or | ||||||
7 | animal shelter that is duly licensed in their state or is a | ||||||
8 | not-for-profit organization. An animal shelter shall not | ||||||
9 | accept a dog or cat pursuant to item (2) or (3) unless it | ||||||
10 | obtains and keeps record of documentation attesting the dog or | ||||||
11 | cat was not obtained through compensation or payment to a dog | ||||||
12 | breeder or cat breeder. | ||||||
13 | (b) When stray dogs and cats are accepted by an animal | ||||||
14 | shelter, they must be scanned for the presence of a microchip | ||||||
15 | and examined for other currently-acceptable methods of | ||||||
16 | identification, including, but not limited to, identification | ||||||
17 | tags, tattoos, and rabies license tags. The examination for | ||||||
18 | identification shall be done within 24 hours after the intake | ||||||
19 | of each dog or cat. The animal shelter shall notify the owner | ||||||
20 | and transfer any dog with an identified owner to the animal | ||||||
21 | control or law enforcement agency in the jurisdiction in which | ||||||
22 | it was found or the local animal control agency for | ||||||
23 | redemption. | ||||||
24 | (c) If no transfer can occur, the animal shelter shall | ||||||
25 | make every reasonable attempt to contact the owner, agent, or | ||||||
26 | caretaker as soon as possible. The animal shelter shall give |
| |||||||
| |||||||
1 | notice of not less than 7 business days to the owner, agent, or | ||||||
2 | caretaker prior to disposal of the animal. The notice shall be | ||||||
3 | mailed to the last known address of the owner, agent, or | ||||||
4 | caretaker. Testimony of the animal shelter, or its authorized | ||||||
5 | agent, who mails the notice shall be evidence of the receipt of | ||||||
6 | the notice by the owner, agent, or caretaker of the animal. A | ||||||
7 | mailed notice shall remain the primary means of owner, agent, | ||||||
8 | or caretaker contact; however, the animal shelter shall also | ||||||
9 | attempt to contact the owner, agent, or caretaker by any other | ||||||
10 | contact information, such as by telephone or email address, | ||||||
11 | provided by the microchip or other method of identification | ||||||
12 | found on the dog or cat. If the dog or cat has been | ||||||
13 | microchipped and the primary contact listed by the chip | ||||||
14 | manufacturer cannot be located or refuses to reclaim the dog | ||||||
15 | or cat, an attempt shall be made to contact any secondary | ||||||
16 | contacts listed by the chip manufacturer or the purchaser of | ||||||
17 | the microchip if the purchaser is a nonprofit organization, | ||||||
18 | animal shelter, animal control facility, pet store, breeder, | ||||||
19 | or veterinary office prior to adoption, transfer, or | ||||||
20 | euthanization. Prior to transferring any stray dog or cat to | ||||||
21 | another humane shelter, pet store, rescue group, or | ||||||
22 | euthanization, the dog or cat shall be scanned again for the | ||||||
23 | presence of a microchip and examined for other means of | ||||||
24 | identification. If a second scan provides the same identifying | ||||||
25 | information as the initial intake scan and the owner, agent, | ||||||
26 | or caretaker has not been located or refuses to reclaim the dog |
| |||||||
| |||||||
1 | or cat, the animal shelter may proceed with adoption, | ||||||
2 | transfer, or euthanization. | ||||||
3 | (d) When stray dogs and cats are accepted by an animal | ||||||
4 | shelter and no owner can be identified, the shelter shall hold | ||||||
5 | the animal for the period specified in local ordinance prior | ||||||
6 | to adoption, transfer, or euthanasia. The animal shelter shall | ||||||
7 | allow access to the public to view the animals housed there. If | ||||||
8 | a dog is identified by an owner who desires to make redemption | ||||||
9 | of it, the dog shall be transferred to the local animal control | ||||||
10 | for redemption. If no transfer can occur, the animal shelter | ||||||
11 | shall proceed pursuant to Section 3.7. Upon lapse of the hold | ||||||
12 | period specified in local ordinance and no owner can be | ||||||
13 | identified, ownership of the animal, by operation of law, | ||||||
14 | transfers to the shelter that has custody of the animal. | ||||||
15 | (e) No representative of an animal shelter may enter | ||||||
16 | private property and remove an animal without permission from | ||||||
17 | the property owner and animal owner, nor can any | ||||||
18 | representative of an animal shelter direct another individual | ||||||
19 | to enter private property and remove an animal unless that | ||||||
20 | individual is an approved humane investigator (approved by the | ||||||
21 | Department) operating pursuant to the provisions of the Humane | ||||||
22 | Care for Animals Act. | ||||||
23 | (f) Nothing in this Section limits an animal shelter and | ||||||
24 | an animal control facility who, through mutual agreement, wish | ||||||
25 | to enter into an agreement for animal control, boarding, | ||||||
26 | holding, measures to improve life-saving, or other services |
| |||||||
| |||||||
1 | provided that the agreement requires parties adhere to the | ||||||
2 | provisions of the Animal Control Act, the Humane Euthanasia in | ||||||
3 | Animal Shelters Act, and the Humane Care for Animals Act.
| ||||||
4 | (Source: P.A. 99-310, eff. 1-1-16; 100-322, eff. 8-24-17; | ||||||
5 | 100-870, eff. 1-1-19 .)
| ||||||
6 | (225 ILCS 605/3.8) | ||||||
7 | Sec. 3.8. Sourcing Prohibition of dogs and cats sold by | ||||||
8 | pet shops; recordkeeping. | ||||||
9 | (a) A pet shop operator may offer for sale a dog or cat | ||||||
10 | only if the dog or cat is obtained from a verified breeder, an | ||||||
11 | animal control facility , or animal shelter, located in-state | ||||||
12 | or out-of-state, that is in compliance with Section 3.9. | ||||||
13 | (b) A pet shop operator shall keep a record of each dog or | ||||||
14 | cat offered for sale. The record must be kept on file for a | ||||||
15 | period of 2 years following the acquisition of each dog or cat, | ||||||
16 | made available to the Department upon request, and submitted | ||||||
17 | to the Department on May 1 and November 1 of each year. The | ||||||
18 | record shall include the following: | ||||||
19 | (1) name, address, and phone number of the verified
| ||||||
20 | breeder, animal control facility , or animal shelter each | ||||||
21 | dog or cat was obtained from; and | ||||||
22 | (2) documentation from the verified breeder, animal | ||||||
23 | control facility , or animal shelter each dog or cat was | ||||||
24 | obtained from demonstrating compliance with Section 3.9, | ||||||
25 | including the circumstances that led to the animal control |
| |||||||
| |||||||
1 | facility or animal shelter obtaining ownership of the dog | ||||||
2 | or cat and any other information indicating the dog or cat | ||||||
3 | was not obtained from a source prohibited in Section 3.9. | ||||||
4 | (c) (Blank). In addition to the penalties set forth in | ||||||
5 | Section 20.5, a pet shop operator that violates subsection (a) | ||||||
6 | shall no longer offer for sale a dog or cat regardless of where | ||||||
7 | the dog or cat was obtained. | ||||||
8 | (d) Nothing in this Section prohibits a pet shop operator | ||||||
9 | from providing space to an animal control facility or animal | ||||||
10 | shelter to showcase dogs or cats owned by these entities for | ||||||
11 | the purpose of adoption.
| ||||||
12 | (Source: P.A. 102-586, eff. 2-23-22 .)
| ||||||
13 | (225 ILCS 605/3.9) | ||||||
14 | Sec. 3.9. Verified breeders, animal Animal control | ||||||
15 | facilities , and animal shelters supplying to pet shop | ||||||
16 | operators. | ||||||
17 | (a) An animal control facility or animal shelter that | ||||||
18 | supplies dogs or cats to pet shop operators to be offered for | ||||||
19 | sale shall not be a dog breeder or a cat breeder or obtain dogs | ||||||
20 | or cats from a dog breeder, a cat breeder, a person who resells | ||||||
21 | dogs or cats from a breeder, or a person who sells dogs or cats | ||||||
22 | at auction in exchange for payment or compensation. | ||||||
23 | (b) An animal control facility or animal shelter that | ||||||
24 | supplies dogs or cats to pet shops to be offered for sale shall | ||||||
25 | provide pet shops with documentation demonstrating compliance |
| |||||||
| |||||||
1 | with this Section, including a description of the ownership | ||||||
2 | history of each dog or cat supplied, if known, the | ||||||
3 | circumstances that led to ownership of the dog or cat, and any | ||||||
4 | other information indicating the dog or cat was not obtained | ||||||
5 | from a source prohibited in this Section.
| ||||||
6 | (c) To verify a breeder meets or exceeds the standards set | ||||||
7 | forth in 8 Ill. Adm. Code 25, a pet shop operator must obtain | ||||||
8 | from the breeder a signed affidavit, or a document prescribed | ||||||
9 | and provided by the Department, stating compliance with those | ||||||
10 | standards, which must be accompanied by one or more of the | ||||||
11 | following documents: (1) copies of inspection reports over a | ||||||
12 | 2-year period from the State or local governmental entity that | ||||||
13 | has jurisdiction certifying the breeder meets or exceeds the | ||||||
14 | standards; or (2) a copy of audit results, conducted within | ||||||
15 | the past 16 months by an independent third party, certified as | ||||||
16 | an ISO 9001 auditing firm, certifying the completion of an | ||||||
17 | outcome-based breeder standards program that meets or exceeds | ||||||
18 | the standards set forth in 8 Ill. Adm. Code 25. Failure to have | ||||||
19 | copies of inspection or audit reports shall be deemed a | ||||||
20 | violation of Section 10 of this Act. | ||||||
21 | (d) As used this Section: | ||||||
22 | "Outcome-based breeder standards program" means a program | ||||||
23 | approved by the Department that tests for and certifies the | ||||||
24 | physical welfare, behavioral welfare, and genetic health of | ||||||
25 | the animal, in addition to certifying standards in areas such | ||||||
26 | as nutrition, veterinary care, housing, handling, and |
| |||||||
| |||||||
1 | exercise. | ||||||
2 | "Verified breeder" means a breeder that satisfies the | ||||||
3 | requirements of subsection (c). | ||||||
4 | (Source: P.A. 102-586, eff. 2-23-22 .)
| ||||||
5 | (225 ILCS 605/3.15) | ||||||
6 | Sec. 3.15. Disclosures for dogs and cats being sold by pet | ||||||
7 | shops. | ||||||
8 | (a) Prior to the time of sale, every pet shop operator | ||||||
9 | must, to the best of his or her knowledge, provide to the | ||||||
10 | consumer the following information on any dog or cat being | ||||||
11 | offered for sale: | ||||||
12 | (1) The retail price of the dog or cat, including any | ||||||
13 | additional fees or charges. | ||||||
14 | (2) The breed or breeds, if known, age, date of birth, | ||||||
15 | sex, and color of the dog or cat. | ||||||
16 | (3) The date and description of any inoculation or | ||||||
17 | medical treatment that the dog or cat received while under | ||||||
18 | the possession of the breeder, pet shop operator, and any | ||||||
19 | inoculation or medical treatment that the dog or cat | ||||||
20 | received while under the possession of the animal control | ||||||
21 | facility , or animal shelter that the pet shop operator is | ||||||
22 | aware of. | ||||||
23 | (4) Sourcing information required in subsection (b) of | ||||||
24 | Section 3.8. | ||||||
25 | (5) (Blank). |
| |||||||
| |||||||
1 | (6) (Blank). | ||||||
2 | (7) If the dog or cat was returned by a customer, then | ||||||
3 | the date and reason for the return. | ||||||
4 | (8) A copy of the pet shop's policy regarding | ||||||
5 | warranties, refunds, or returns and an explanation of the | ||||||
6 | remedy under subsections (f) through (m) of this Section | ||||||
7 | in addition to any other remedies available at law. | ||||||
8 | (9) The pet shop operator's license number issued by | ||||||
9 | the Illinois Department of Agriculture. | ||||||
10 | (10) Disclosure that the dog or cat has been | ||||||
11 | microchipped and the microchip has been enrolled in a | ||||||
12 | nationally searchable database. Pet stores must also | ||||||
13 | disclose that the purchaser has the option to list the pet | ||||||
14 | store as a secondary contact on the microchip. | ||||||
15 | (11) If eligible for registration with a pedigree
| ||||||
16 | registry, then the name and registration numbers of the
| ||||||
17 | sire and dam and the address of the pedigree registry
| ||||||
18 | where the sire and dam are registered. | ||||||
19 | (a-5) All dogs and cats shall be microchipped by a pet shop | ||||||
20 | operator prior to sale. | ||||||
21 | (b) The information required in subsection (a) shall be | ||||||
22 | provided to the customer in written form by the pet shop | ||||||
23 | operator and shall have an acknowledgement of disclosures | ||||||
24 | form, which must be signed by the customer and the pet shop | ||||||
25 | operator at the time of sale. The acknowledgement of | ||||||
26 | disclosures form shall include the following: |
| |||||||
| |||||||
1 | (1) A blank space for the dated signature and printed | ||||||
2 | name of the pet shop operator, which shall be immediately | ||||||
3 | beneath the following statement: "I hereby attest that all | ||||||
4 | of the above information is true and correct to the best of | ||||||
5 | my knowledge.". | ||||||
6 | (2) A blank space for the customer to sign and print | ||||||
7 | his or her name and the date, which shall be immediately | ||||||
8 | beneath the following statement: "I hereby attest that | ||||||
9 | this disclosure was posted on or near the cage of the dog | ||||||
10 | or cat for sale and that I have read all of the | ||||||
11 | disclosures. I further understand that I am entitled to | ||||||
12 | keep a signed copy of this disclosure.". | ||||||
13 | (c) A copy of the disclosures and the signed | ||||||
14 | acknowledgement of disclosures form shall be provided to the | ||||||
15 | customer at the time of sale and the original copy shall be | ||||||
16 | maintained by the pet shop operator for a period of 2 years | ||||||
17 | from the date of sale. A copy of the pet store operator's | ||||||
18 | policy regarding warranties, refunds, or returns shall be | ||||||
19 | provided to the customer. | ||||||
20 | (d) A pet shop operator shall post in writing or near on | ||||||
21 | the cage of any dog or cat available for sale the information | ||||||
22 | required by subsection (a) of this Section 3.15.
| ||||||
23 | (e) If there is an outbreak of distemper, parvovirus, or | ||||||
24 | any other contagious and potentially life-threatening disease, | ||||||
25 | the pet shop operator shall notify the Department immediately | ||||||
26 | upon becoming aware of the disease. If the Department issues a |
| |||||||
| |||||||
1 | quarantine, the pet shop operator shall notify, in writing and | ||||||
2 | within 2 business days of the quarantine, each customer who | ||||||
3 | purchased a dog or cat during the 2-week period prior to the | ||||||
4 | outbreak and quarantine. | ||||||
5 | (f) A customer who purchased a dog or cat from a pet shop | ||||||
6 | is entitled to a remedy under this Section if: | ||||||
7 | (1) within 21 days after the date of sale, a licensed | ||||||
8 | veterinarian states in writing that at the time of sale | ||||||
9 | (A) the dog or cat was unfit for purchase due to illness or | ||||||
10 | disease, the presence of symptoms of a contagious or | ||||||
11 | infectious disease, or obvious signs of severe parasitism | ||||||
12 | that are extreme enough to influence the general health of | ||||||
13 | the animal, excluding fleas or ticks, or (B) the dog or cat | ||||||
14 | has died from a disease that existed in the dog or cat on | ||||||
15 | or before the date of delivery to the customer; or | ||||||
16 | (2) within one year after the date of sale, a licensed | ||||||
17 | veterinarian states in writing that the dog or cat | ||||||
18 | possesses a congenital or hereditary condition that | ||||||
19 | adversely affects the health of the dog or cat or requires | ||||||
20 | either hospitalization or a non-elective surgical | ||||||
21 | procedure or has died of a congenital or hereditary | ||||||
22 | condition.
Internal or external parasites may not be | ||||||
23 | considered to adversely affect the health of the dog | ||||||
24 | unless the presence of the parasites makes the dog or cat | ||||||
25 | clinically ill.
The veterinarian's statement shall | ||||||
26 | include: |
| |||||||
| |||||||
1 | (A) the customer's name and address; | ||||||
2 | (B) a statement that the veterinarian examined the | ||||||
3 | dog or cat; | ||||||
4 | (C) the date or dates that the dog or cat was | ||||||
5 | examined; | ||||||
6 | (D) the breed and age of the dog or cat, if known; | ||||||
7 | (E) a statement that the dog or cat has or had a | ||||||
8 | disease, illness, or congenital or hereditary | ||||||
9 | condition that is subject to remedy; and | ||||||
10 | (F) the findings of the examination or necropsy, | ||||||
11 | including any lab results or copies of the results. | ||||||
12 | (g) A customer entitled to a remedy under subsection (f) | ||||||
13 | of this Section may: | ||||||
14 | (1) return the dog or cat to the pet shop for a full | ||||||
15 | refund of the purchase price; | ||||||
16 | (2) exchange the dog or cat for another dog or cat of | ||||||
17 | comparable value chosen by the customer; | ||||||
18 | (3) retain the dog or cat and be reimbursed for | ||||||
19 | reasonable veterinary fees for diagnosis and treatment of | ||||||
20 | the dog or cat, not to exceed the purchase price of the dog | ||||||
21 | or cat; or | ||||||
22 | (4) if the dog or cat is deceased, be reimbursed for | ||||||
23 | the full purchase price of the dog or cat plus reasonable | ||||||
24 | veterinary fees associated with the diagnosis and | ||||||
25 | treatment of the dog or cat, not to exceed one times the | ||||||
26 | purchase price of the dog or cat. |
| |||||||
| |||||||
1 | For the purposes of this subsection (g), veterinary fees | ||||||
2 | shall be considered reasonable if (i) the services provided | ||||||
3 | are appropriate for the diagnosis and treatment of the | ||||||
4 | disease, illness, or congenital or hereditary condition and | ||||||
5 | (ii) the cost of the services is comparable to that charged for | ||||||
6 | similar services by other licensed veterinarians located in | ||||||
7 | close proximity to the treating veterinarian. | ||||||
8 | (h) Unless the pet shop contests a reimbursement required | ||||||
9 | under subsection (g) of this Section, the reimbursement shall | ||||||
10 | be made to the customer no later than 10 business days after | ||||||
11 | the pet shop operator receives the veterinarian's statement | ||||||
12 | under subsection (f) of this Section. | ||||||
13 | (i) To obtain a remedy under this Section, a customer | ||||||
14 | shall: | ||||||
15 | (1) notify the pet shop as soon as reasonably possible | ||||||
16 | and not to exceed 3 business days after a diagnosis by a | ||||||
17 | licensed veterinarian of a disease, illness, or congenital | ||||||
18 | or hereditary condition of the dog or cat for which the | ||||||
19 | customer is seeking a remedy; | ||||||
20 | (2) provide to the pet shop a written statement | ||||||
21 | provided for under subsection (f) of this Section by a | ||||||
22 | licensed veterinarian within 5 business days after a | ||||||
23 | diagnosis by the veterinarian; | ||||||
24 | (3) upon request of the pet shop, take the dog or cat | ||||||
25 | for an examination by a second licensed veterinarian; the | ||||||
26 | customer may either choose the second licensed |
| |||||||
| |||||||
1 | veterinarian or allow the pet shop to choose the second | ||||||
2 | veterinarian, if the pet shop agrees to do so. The party | ||||||
3 | choosing the second veterinarian shall assume the cost of | ||||||
4 | the resulting examination; and | ||||||
5 | (4) if the customer requests a reimbursement of | ||||||
6 | veterinary fees, provide to the pet shop an itemized bill | ||||||
7 | for the disease, illness, or congenital or hereditary | ||||||
8 | condition of the dog or cat for which the customer is | ||||||
9 | seeking a remedy. | ||||||
10 | (j) A customer is not entitled to a remedy under this | ||||||
11 | Section if: | ||||||
12 | (1) the illness or death resulted from: (A) | ||||||
13 | maltreatment or neglect by the customer; (B) an injury | ||||||
14 | sustained after the delivery of the dog or cat to the | ||||||
15 | customer; or (C) an illness or disease contracted after | ||||||
16 | the delivery of the dog or cat to the customer; | ||||||
17 | (2) the customer does not carry out the recommended | ||||||
18 | treatment prescribed by the veterinarian who made the | ||||||
19 | diagnosis; or | ||||||
20 | (3) the customer does not return to the pet shop all | ||||||
21 | documents provided to register the dog or cat, unless the | ||||||
22 | documents have already been sent to the registry | ||||||
23 | organization. | ||||||
24 | (k) A pet shop may contest a remedy under this Section by | ||||||
25 | having the dog or cat examined by a second licensed | ||||||
26 | veterinarian pursuant to paragraph (3) of subsection (i) of |
| |||||||
| |||||||
1 | this Section if the dog or cat is still living. If the dog or | ||||||
2 | cat is deceased, the pet shop may choose to have the second | ||||||
3 | veterinarian review any records provided by the veterinarian | ||||||
4 | who examined or treated the dog or cat for the customer before | ||||||
5 | its death. | ||||||
6 | If the customer and the pet shop have not reached an | ||||||
7 | agreement within 10 business days after the examination of the | ||||||
8 | medical records and the dog or cat, if alive, or the dog's or | ||||||
9 | cat's medical records, if deceased, by the second | ||||||
10 | veterinarian, then: | ||||||
11 | (1) the customer may bring suit in a court of | ||||||
12 | competent jurisdiction to resolve the dispute; or | ||||||
13 | (2) if the customer and the pet shop agree in writing, | ||||||
14 | the parties may submit the dispute to binding arbitration. | ||||||
15 | If the court or arbiter finds that either party acted in | ||||||
16 | bad faith in seeking or denying the requested remedy, then the | ||||||
17 | offending party may be required to pay reasonable attorney's | ||||||
18 | fees and court costs of the adverse party. | ||||||
19 | (l) This Section shall not apply to any adoption of dogs or | ||||||
20 | cats, including those in which a pet shop or other | ||||||
21 | organization rents or donates space to facilitate the | ||||||
22 | adoption. | ||||||
23 | (m) If a pet shop offers its own warranty on a pet, a | ||||||
24 | customer may choose to waive the remedies provided under | ||||||
25 | subsection (f) of this Section in favor of choosing the | ||||||
26 | warranty provided by the pet shop. If a customer waives the |
| |||||||
| |||||||
1 | rights provided by subsection (f), the only remedies available | ||||||
2 | to the customer are those provided by the pet shop's warranty. | ||||||
3 | For the statement to be an effective waiver of the customer's | ||||||
4 | right to refund or exchange the animal under subsection (f), | ||||||
5 | the pet shop must provide, in writing, a statement of the | ||||||
6 | remedy under subsection (f) that the customer is waiving as | ||||||
7 | well as a written copy of the pet shop's warranty. For the | ||||||
8 | statement to be an effective waiver of the customer's right to | ||||||
9 | refund or exchange the animal under subsection (f), it shall | ||||||
10 | be substantially similar to the following language: | ||||||
11 | "I have agreed to accept the warranty provided by the | ||||||
12 | pet shop in lieu of the remedies under subsection (f) of | ||||||
13 | Section 3.15 of the Animal Welfare Act. I have received a | ||||||
14 | copy of the pet shop's warranty and a statement of the | ||||||
15 | remedies provided under subsection (f) of Section 3.15 of | ||||||
16 | the Animal Welfare Act. This is a waiver pursuant to | ||||||
17 | subsection (m) of Section 3.15 of the Animal Welfare Act | ||||||
18 | whereby I, the customer, relinquish any and all right to | ||||||
19 | return the animal for congenital and hereditary disorders | ||||||
20 | provided by subsection (f) of Section 3.15 of the Animal | ||||||
21 | Welfare Act. I agree that my exclusive remedy is the | ||||||
22 | warranty provided by the pet shop at the time of sale.". | ||||||
23 | (Source: P.A. 102-586, eff. 2-23-22 .)
| ||||||
24 | (225 ILCS 605/7.2 new) | ||||||
25 | Sec. 7.2. Sourcing compliance. |
| |||||||
| |||||||
1 | (a) The Department may, at any time, request copies of all | ||||||
2 | inspection reports, audit reports, affidavits, health | ||||||
3 | certificates, and microchipping records of any licensee to | ||||||
4 | verify compliance with this Act. | ||||||
5 | (b) If a pet store provides incomplete or out-of-date | ||||||
6 | copies of inspection or audit reports, the Department may | ||||||
7 | require a pet shop operator pay to have a dog or cat breeder | ||||||
8 | audited by an independent third party, certified as an | ||||||
9 | ISO-9001 auditing firm, certifying the breeder is in | ||||||
10 | compliance with this Act. The audit report shall be sent | ||||||
11 | directly to the Department. The Department shall notify the | ||||||
12 | pet shop operator of the audit results, and failure of the | ||||||
13 | breeder to pass an audit ordered by the Department shall be | ||||||
14 | deemed a violation of Section 10 of this Act by the pet shop | ||||||
15 | operator.
| ||||||
16 | (225 ILCS 605/20) (from Ch. 8, par. 320)
| ||||||
17 | Sec. 20.
Any person violating any provision of this Act , | ||||||
18 | other than a violation of Section 3.8 of this Act, or any rule,
| ||||||
19 | regulation, or order of the Department issued pursuant to this | ||||||
20 | Act is guilty of
a Class C misdemeanor and every day a | ||||||
21 | violation continues constitutes a
separate offense.
| ||||||
22 | (Source: P.A. 102-586, eff. 2-23-22 .)
| ||||||
23 | (225 ILCS 605/21.5 new) | ||||||
24 | Sec. 21.5. Administrative fee on sales of dogs and cats by |
| |||||||
| |||||||
1 | pet shop operators. Beginning 120 days after the effective | ||||||
2 | date of this amendatory Act of the 103rd General Assembly, a | ||||||
3 | $25 administrative fee shall be imposed on every dog or cat | ||||||
4 | sold by a pet shop operator. All fees collected under this | ||||||
5 | Section shall be deposited into the Sourcing and Inspection | ||||||
6 | Compliance Fund, which shall be created as a fund administered | ||||||
7 | by the Department for the ordinary and contingent expenses of | ||||||
8 | the Department in the administration of this Section.
| ||||||
9 | (225 ILCS 605/22) (from Ch. 8, par. 322)
| ||||||
10 | Sec. 22.
Except those fees paid pursuant to Section 21.5 | ||||||
11 | of this Act, all All fees and other money received by the | ||||||
12 | Department under this Act shall
be paid into the General | ||||||
13 | Revenue Fund in the State Treasury.
| ||||||
14 | (Source: Laws 1965, p. 2956 .)
| ||||||
15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.".
|