Bill Text: IL HB2824 | 2017-2018 | 100th General Assembly | Introduced

---

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 (Republican 4-2)

Status: (Failed) 2019-01-08 - Session Sine Die [HB2824 Detail]

Download: Illinois-2017-HB2824-Introduced.html

---

100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB2824 Introduced , by Rep. Jerry Costello, II SYNOPSIS AS INTRODUCED:
225 ILCS 605/3.1 from Ch. 8, par. 303.1
225 ILCS 605/3.5
225 ILCS 605/3.6
225 ILCS 605/3.8 new
225 ILCS 605/3.15
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.
LRB100 06285 SMS 16322 b
HOME RULE NOTE ACT MAY APPLY
A BILL FOR
HB2824 LRB100 06285 SMS 16322 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 3.1, 3.5, 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.
(Source: P.A. 96-1470, eff. 1-1-11.)

HB2824 - 2 - LRB100 06285 SMS 16322 b
(225 ILCS 605/3.5)
Sec. 3.5. Information on dogs and cats available for
adoption by an animal shelter or animal control facility.
(a) An animal shelter or animal control facility must
provide to the adopter prior to the time of adoption the
following information, to the best of its knowledge, on any dog
or cat being offered for adoption:
(1) The breed, age, date of birth, sex, and color of
the dog or cat if known, or if unknown, the animal shelter
or animal control facility shall estimate to the best of
its ability.
(2) The details of any inoculation or medical treatment
that the dog or cat received while under the possession of
the animal shelter or animal control facility.
(3) The adoption fee and any additional fees or
charges.
(4) If the dog or cat was returned by an adopter, then
the date and reason for the return.
(5) The following written statement: "A copy of our
policy regarding warranties, refunds, or returns is
available upon request.".
(6) The license number of the animal shelter or animal
control facility issued by the Illinois Department of
Agriculture.
(7) Whether the dog or cat was microchipped prior to

HB2824 - 3 - LRB100 06285 SMS 16322 b
being placed in the animal shelter or animal control
facility.
(b) The information required in subsection (a) shall be
provided to the adopter in written form by the animal shelter
or animal control facility and shall have an acknowledgement of
disclosures form, which must be signed by the adopter and an
authorized representative of the animal shelter or animal
control facility at the time of the adoption. The
acknowledgement of disclosures form shall include the
following:
(1) A blank space for the dated signature and printed
name of the authorized representative handling the
adoption on behalf of the animal shelter or animal control
facility, which shall be immediately beneath the following
printed 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 dated signature and printed
name of the adopter, 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
adoption and that I have read all 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

HB2824 - 4 - LRB100 06285 SMS 16322 b
adopter and the original copy shall be maintained by the animal
shelter or animal control facility for a period of 2 years from
the date of adoption. A copy of the animal shelter's or animal
control facility's policy regarding warranties, refunds, or
returns shall be provided to the adopter.
(d) An animal shelter or animal control facility shall post
in a conspicuous place in writing on or near the cage of any
dog or cat available for adoption the information required by
subsection (a) of this Section 3.5.
(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

HB2824 - 5 - LRB100 06285 SMS 16322 b
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.
(b-5) If the dog or cat has been microchipped and the
primary contact or owner refuses to reclaim the dog or cat, the
animal shelter shall contact the pet shop operator or rescue
organization identified on the microchip and request they claim
the dog or cat. If the rescue or pet shop operator claims the
dog or cat, it shall determine how best to find a new owner for
the dog or cat.
(c) If no transfer can occur pursuant to subsection (b) or
(b-5) of this Section, 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

HB2824 - 6 - LRB100 06285 SMS 16322 b
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, including the pet shop
operator, pursuant to subsection (b-5) of this Section, if the
information is provided, prior to adoption, transfer, or
euthanization. Prior to transferring any stray dog or cat to
another humane shelter 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

HB2824 - 7 - LRB100 06285 SMS 16322 b
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, dog
dealers, or cattery operators.
(a) A pet shop operator, dog dealer, or cattery operator
may not obtain a dog or cat for resale or sell or offer for sale

HB2824 - 8 - LRB100 06285 SMS 16322 b
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:
(1) The person is not currently licensed by the United
States Department of Agriculture under the federal Animal
Welfare Act.
(2) On the last inspection report, as posted on the
Animal Care Information System online search tool
maintained by the United States Department of Agriculture,
before obtaining the dog or cat the person commits a
critical non-compliant issue of any of the pet dealer
regulations of the United States Department of Agriculture
under the federal Animal Welfare Act.
(3) The person commits a direct non-compliant issue of
the pet dealer regulations of the United States Department
of Agriculture on the last inspection report posted on the
Animal Care Information System online search tool
maintained by the United States Department of Agriculture,
before obtaining the dog or cat, for violations relating to
the health or welfare of the animal and the violations were
not administrative in nature.
(b) A pet shop operator, dog dealer, or cattery 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

HB2824 - 9 - LRB100 06285 SMS 16322 b
order to obtain a dog or cat for sale or resale, the pet shop
operator, dog dealer, or cattery 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. A
pet shop operator, dog dealer, or cattery operator is in
compliance with this Section if the United States Department of
Agriculture website is unavailable through no fault of the pet
shop operator, dog dealer, or cattery operator; however, the
pet shop operator, dog dealer, or cattery operator shall obtain
the most current inspection report as soon as it becomes
available on the United States Department of Agriculture
website.
(c) Notwithstanding subsections (a) and (b) of this
Section, a pet shop operator, dog dealer, or cattery 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, (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, dog dealer, or cattery 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.

HB2824 - 10 - LRB100 06285 SMS 16322 b
(e) It is recognized that the sourcing of dogs and cats
into Illinois is a matter of statewide interest to protect the
health and safety of both the animals and the citizens of
Illinois. A home rule unit may not regulate the sourcing of
dogs and cats sold by pet shop operators, dog dealers, or
cattery operators. This Section is a denial and limitation of
home rule powers and functions under subsection (h) of Section
6 of Article VII of the Illinois Constitution.
(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

HB2824 - 11 - LRB100 06285 SMS 16322 b
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.
(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:

HB2824 - 12 - LRB100 06285 SMS 16322 b
(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

HB2824 - 13 - LRB100 06285 SMS 16322 b
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

HB2824 - 14 - LRB100 06285 SMS 16322 b
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

HB2824 - 15 - LRB100 06285 SMS 16322 b
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

HB2824 - 16 - LRB100 06285 SMS 16322 b
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

HB2824 - 17 - LRB100 06285 SMS 16322 b
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

HB2824 - 18 - LRB100 06285 SMS 16322 b
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 99. Effective date. This Act takes effect upon
becoming law.