Public Act 102-0586
 
HB1711 EnrolledLRB102 05111 SPS 15131 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Animal Welfare Act is amended  by changing 
Sections 2, 3.8, 3.15, 20 and 20.5 and  by adding Section 3.9 as 
follows:
 


    (225 ILCS 605/2)  (from Ch. 8, par. 302)



    Sec. 2. Definitions. As used in this Act unless the 
context otherwise
requires:

    "Department" means the Illinois Department of Agriculture.

    "Director" means the Director of the Illinois Department 
of Agriculture.

    "Pet shop operator" means any person who sells, offers to 
sell,
exchange, or offers for adoption with or without charge 
or donation dogs,
cats, birds, fish, reptiles, or other 
animals customarily obtained as pets
in this State at retail 
to the public.  However, a person who sells only such animals 
that he has
produced and raised shall not be considered a pet 
shop operator under this
Act, and a veterinary hospital or 
clinic operated by a veterinarian or
veterinarians licensed 
under the Veterinary Medicine and Surgery Practice
Act of 2004 
shall not be considered a pet shop operator under this
Act.

    "Dog dealer" means any person who sells, offers to sell, 
exchange, or
offers for adoption with or without charge or 
donation dogs in this State.
However, a person who sells only 
dogs that he has produced and raised shall
not be considered a 
dog dealer under this Act, and a veterinary hospital or
clinic 
operated by a veterinarian or veterinarians licensed under the

Veterinary Medicine and Surgery Practice Act of 2004
shall not 
be considered a dog dealer under this Act.

    "Secretary of Agriculture" or "Secretary" means the 
Secretary of
Agriculture of the United States Department of 
Agriculture.

    "Person" means any person, firm, corporation, partnership, 
association
or other legal entity, any public or private 
institution, the State of
Illinois, or any municipal 
corporation or political subdivision of the
State.

    "Kennel operator" means any person who operates an 
establishment, other
than an animal control facility, 
veterinary hospital, or animal
shelter, where dogs or dogs and 
cats are maintained
for boarding, training or similar purposes 
for a fee or compensation.

    "Boarding" means a time frame greater than 12 hours or an 
overnight period during which an animal is kept by a kennel 
operator. 
    "Cat breeder" means a person who sells, offers to sell, 
exchanges, or offers for adoption with or without charge cats 
that he or she has produced and raised.  A person who owns, has 
possession of, or harbors 5 or less females capable of 
reproduction shall not be considered a cat breeder. 
    "Dog breeder" means a person who sells, offers to sell, 
exchanges, or offers for adoption with or without charge dogs 
that he has produced and raised. A person who owns, has 
possession of, or harbors 5 or less females capable of 
reproduction shall not be considered a dog breeder. 

    "Animal control facility" means any facility operated by 
or
under contract for the State,
county, or any municipal 
corporation or political subdivision of the State
for the 
purpose of impounding or harboring seized, stray, homeless,

abandoned or unwanted dogs, cats, and other animals.  "Animal 
control
facility" also means any
veterinary hospital or clinic 
operated by a veterinarian or veterinarians
licensed under the 
Veterinary Medicine and Surgery Practice Act of 2004 which

operates for the above mentioned purpose in addition to its 
customary purposes.

    "Animal shelter" means a facility operated, owned, or 
maintained by a duly
incorporated humane society, animal 
welfare society, or other non-profit
organization having 
tax-exempt status under Section 501(c)(3) of the Internal 
Revenue Code for the purpose of providing for and promoting 
the welfare,
protection, and humane treatment of animals.  An 
organization that does not have its own building that 
maintains animals solely in foster homes or other licensees is 
an "animal shelter" for purposes of this Act. "Animal shelter" 
also means any
veterinary hospital or clinic operated by a 
veterinarian or veterinarians
licensed under the Veterinary 
Medicine and Surgery Practice Act of 2004 which
operates for 
the above mentioned purpose in addition to its customary 
purposes.

    "Day care operator" means a person who operates an 
establishment, other than an animal control facility, 
veterinary hospital, or animal shelter, where dogs or dogs and 
cats are kept for a period of time not exceeding 12 hours. 
    "Foster home" means an entity that accepts the 
responsibility for
stewardship of animals that are the 
obligation of an animal shelter or animal control facility, 
not to
exceed 4 foster animals or 2 litters under 8 weeks of 
age at any given time.  A written agreement to operate as a 
"foster home"
 shall be contracted with the animal shelter or 
animal control facility.

    "Guard dog service" means an entity that, for a fee, 
furnishes or leases
guard or sentry dogs for the protection of 
life or property.  A person
is not a guard dog service solely 
because he or she owns a dog and uses it to
guard his or her 
home, business, or farmland.

    "Guard dog" means a type of dog used primarily for the 
purpose of defending,
patrolling, or protecting property or 
life at a commercial establishment
other than a farm.  "Guard 
dog" does not include stock dogs used primarily for
handling 
and controlling livestock or farm animals, nor does it include

personally owned pets that also provide security.

    "Return" in return to field or trap, neuter, return 
program means to return the cat to field after it has been 
sterilized and vaccinated for rabies. 
    "Sentry dog" means a dog trained to work without 
supervision in a fenced
facility other than a farm, and to 
deter or detain unauthorized persons found
within the 
facility.

    "Probationary status" means the 12-month period following 
a series of violations of this Act during which any further 
violation shall result in an automatic 12-month suspension of 
licensure.

    "Owner" means any person having a right of property in an 
animal, who keeps or harbors an animal, who has an animal in 
his or her care or acts as its custodian, or who knowingly 
permits a dog to remain on any premises occupied by him or her. 
"Owner" does not include a feral cat caretaker participating 
in a trap, spay/neuter, vaccinate for rabies, and return 
program. 
    "Offer for sale" means to sell, exchange for 
consideration, offer for adoption, advertise for the sale of, 
barter, auction, give away, or otherwise dispose of animals. 
(Source: P.A. 100-842, eff. 1-1-19; 100-870, eff. 1-1-19; 
101-81, eff. 7-12-19; 101-295, eff. 8-9-19.)

 
    (225 ILCS 605/3.8)
    Sec. 3.8. Prohibition Sourcing of dogs and cats sold by 
pet shops; recordkeeping.
    (a) A pet shop operator may offer for sale a dog or cat 
only if the dog or cat is obtained from an animal control 
facility or animal shelter, located in-state or out-of-state, 
that is in compliance with Section 3.9. 
    (b) A pet shop operator shall keep a record of each dog or 
cat offered for sale. The record must be kept on file for a 
period of 2 years following the acquisition of each dog or cat, 
made available to the Department upon request, and submitted 
to the Department on May 1 and November 1 of each year. The 
record shall include the following: 
        (1)  name, address, and phone number of the animal 
    control facility or animal shelter each dog or cat was 
    obtained from; and 
        (2) documentation from the animal control facility or 
    animal shelter each dog or cat was obtained from 
    demonstrating compliance with Section 3.9, including the 
    circumstances that led to the animal control facility or 
    animal shelter obtaining ownership of the dog or cat and 
    any other information indicating the dog or cat was not 
    obtained from a source prohibited in Section 3.9. 
    (c) In addition to the penalties set forth in Section 
20.5, a pet shop operator that violates subsection (a) shall 
no longer offer for sale a dog or cat regardless of where the 
dog or cat was obtained. 
    (d) Nothing in this Section prohibits a pet shop operator 
from providing space to an animal control facility or animal 
shelter to showcase dogs or cats owned by these entities for 
the purpose of adoption. 
    (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.

(Source: P.A. 100-322, eff. 8-24-17.)
 
    (225 ILCS 605/3.9 new)
    Sec. 3.9. Animal control facilities and animal shelters 
supplying to pet shop operators.
    (a) An animal control facility or animal shelter that 
supplies dogs or cats to pet shop operators to be offered for 
sale shall not be a dog breeder or a cat breeder or obtain dogs 
or cats from a dog breeder, a cat breeder, a person who resells 
dogs or cats from a breeder, or a person who sells dogs or cats 
at auction in exchange for payment or compensation.
    (b) An animal control facility or animal shelter that 
supplies dogs or cats to pet shops to be offered for sale shall 
provide pet shops with documentation demonstrating compliance 
with this Section, including a description of the ownership 
history of each dog or cat supplied, if known, the 
circumstances that led to ownership of the dog or cat, and any 
other information indicating the dog or cat was not obtained 
from a source prohibited in this Section. 
 
    (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 or breeds, if known, 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, and any 
    inoculation or medical treatment that the dog or cat 
    received while under the possession of the animal control 
    facility or animal shelter that the pet shop operator is 
    aware of.
        (4) Sourcing information required in subsection (b) of 
    Section 3.8. 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) (Blank). 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. 100-322, eff. 8-24-17.)
 



    (225 ILCS 605/20)  (from Ch. 8, par. 320)



    Sec. 20. 
Any person violating any provision of this Act, 
other than a violation of Section 3.8 of this Act, or any rule,

regulation, or order of the Department issued pursuant to this 
Act is guilty of
a Class C misdemeanor and every day a 
violation continues constitutes a
separate offense.

(Source: P.A. 89-178, eff. 7-19-95.)

 
    (225 ILCS 605/20.5)
    Sec. 20.5. Administrative fines. The following 
administrative fines shall may be imposed by the Department 
upon any person or entity who violates any provision of this 
Act or any rule adopted by the Department under this Act:
        (1) For the first violation, a fine of $500 $1,000.
        (2) For a  second violation that occurs within 3 2 
    years after the first violation, a fine of $1,000  $2,500.
        (3) For a third violation that occurs within 3 2 years 
    after the first violation,  mandatory probationary status 
    and a fine of $2,500 $3,000.

    If a person or entity fails or refuses to pay an 
administrative fine authorized by this Section, the Department 
may prohibit that person or entity from renewing a license 
under this Act until the fine is paid in full.  Any penalty of 
$500 or more not paid within 120 days of issuance by the 
Department shall be submitted to the Department of Revenue for 
collection as provided under the Illinois State Collection Act 
of 1986. 
(Source: P.A. 101-295, eff. 8-9-19.)
 
    Section 97. Severability. The provisions of this Act are 
severable under Section 1.31 of the Statute on Statutes.
 
 
    Section 99. Effective date. This Act takes effect 180 days 
after becoming law.