Puppy lemon law debated
Thursday, Apr 25, 2013 - Posted by Rich Miller
* Sen. Dan Kotowski has a “puppy lemon law” proposal…
Consumers who buy a new dog or cat only to find out it has a serious disease or ailment would have a new form of recourse under an Illinois Senate proposal.
The Senate Executive Committee voted 8-5 Wednesday in favor of a bill described as a “puppy lemon law.”
The legislation would allow people who buy a dog or cat at a pet store to get a replacement or a refund if the animal needs veterinary care for certain illnesses or conditions within 20 days of purchase. The buyer also could seek damages for the cost of veterinary care.
* From the bill synopsis…
Provides that, if there is an outbreak of distemper, parvovirus, or any other contagious and potentially life-threatening disease affecting more than 2 dogs at a seller’s pet shop or kennel within a 60-day period, then the seller shall provide each customer that purchases a dog a written notice stating the nature of the outbreak, and shall notify the State Veterinarian of the outbreak within 2 business days after becoming aware that a third animal has contracted the disease.
Provides that a customer who purchased a dog from a seller is entitled to a remedy if certain conditions relating to a disease, illness, condition, or death of the dog are met. Sets forth conditions that a customer shall meet to obtain a remedy from a seller and a timeframe in which the seller shall provide a reimbursement to the customer. Provides that a customer may not be entitled to a remedy if the customer fails to meet certain requirements. Provides that a seller may contest a remedy sought by a customer. Provides that if a customer and seller do not reach an agreement within 10 business days, then the parties may agree to binding arbitration or the customer may bring suit in a court of competent jurisdiction. Changes certain references from “pet shop operator” to “seller”.
* Republicans said that Kotowski should’ve also included pet shelters in the bill, even though everyone in the room knew there was no way the Republicans would ever vote for such a thing. They were simply using one of the arguments put forth by the pet store opponents…
Opponents of the proposal took issue with animal shelters being exempted, which leave those who adopt cats or dogs from shelters with no similar recourse.
Kotowski said there is a huge difference between spending $1,000 for a dog at a pet store versus the smaller amount one pays a shelter for immunizations.
He likened it to the difference between purchasing an item from Nordstrom versus going to a thrift shop.
State Sen. Dale Righter, a Charleston Republican, took exception with Kotowski’s characterization, saying he was essentially saying those who cannot afford to buy from a pet store don’t deserve consumer protection.
The bill was originally assigned to the Senate Labor and Commerce Committee, but it failed to get traction, so it was moved to Exec earlier this month. That move means the bill likely faces a tough road on the floor. We’ll see.
* Video of the committee debate…
* And, of course, I really only posted this story so I could share another photo of Oscar the Puppy, who is in perfect health and just got a haircut…
I’ll have a video on Friday.
- Leave a Light on George - Thursday, Apr 25, 13 @ 9:20 am:
http://www.youtube.com/watch?v=C1ZpBPYFDXI
- Why? - Thursday, Apr 25, 13 @ 9:23 am:
Too bad they didn’t have this law about 20 years ago. My father gave me a small pet called a Magwai and after I fed it after midnight and gave it some water, it became much more than a lemon. It created all kinds of problems all across Kingston Falls (where we lived at the time). I wish I would have recourse against the pet shop.
Do we have any serious issues to address? Just curious.
- Leave a Light on George - Thursday, Apr 25, 13 @ 9:24 am:
http://www.youtube.com/watch?v=vYNK8A_bXwA
- Waldi - Thursday, Apr 25, 13 @ 9:28 am:
I wish someone would propose a lemon law that applied to elected officials.
- bicurious - Thursday, Apr 25, 13 @ 9:30 am:
Where does Senator Brady stand on this? Perhaps free coupons for mass euthanasia of the deformed puppies?
- Mr. Wonderful - Thursday, Apr 25, 13 @ 9:38 am:
Why not just ban puppy/kitten mills once and for all? If this bill becomes law, these pet shop owners will will just toss the returned animals in the river or try to sell them to someone else.
- wordslinger - Thursday, Apr 25, 13 @ 9:41 am:
A pet shop owner tries to sell a guy a talking dog.
“I’ll prove this dog can talk. What’s on top of the house?”
Dog says, “roof!”
“How does sandpaper feel?”
Dog says, “ruff!”
“Who’s the all-time greatest Yankee?”
Dog says, “ruth!”
The buyer turns around in disgust and leaves.
After he’s gone, the dog looks up at the pet shop owner and says: “What, I should have said Dimaggio?”
- reformer - Thursday, Apr 25, 13 @ 9:45 am:
It’s a good idea that will not pass.
It has been proposed before and the Ag lobby, along with thousands of breeders, kill it every time.
The bill does attract good publicity, however, for the sponsor.
Legislative ethics should, but doesn’t, inhibit making an argument against a bill that is insincere. The guys in the Ag Lobby pocket wouldn’t vote for the bill if it did include shelters. Tell us the real reason you oppose the lemon law, not the phony ones.
- downstate commissioner - Thursday, Apr 25, 13 @ 9:51 am:
Word wins… Don’t have really strong feelings about this issue; my wife has had a lot of dogs over the years, none of them came from a pet shop, although a few did come from shelters… I guess if I had paid a lot of money for a dog, and it was sick from the beginning, I would want money back… On the other hand, I guess that I had just assumed that most reputable dealers would take a sick dog back…
- Anonymour - Thursday, Apr 25, 13 @ 9:56 am:
Could Gov. Quinn return Squeezey?
- langhorne - Thursday, Apr 25, 13 @ 10:15 am:
the purchase contract of most reputable breeders normally guarantees the dog to be free of defects and disease for a period of time. they also provide a vets wellness certification at time of purchase. if you are paying a good chunk of money without these assurances, it seems to me you are the one assuming the risk.
- just another commentor - Thursday, Apr 25, 13 @ 10:16 am:
Oscar cleans up better than you do. I see you kept his beard. I can see the family resemblance. No need for any DNA test. There’s no questioning the paternity here.
- Skeptic - Thursday, Apr 25, 13 @ 10:16 am:
I’ll never complain about a gratuitous puppy picture
- Dee Lay - Thursday, Apr 25, 13 @ 10:17 am:
Word and Why? Tie for the best comment (Although this is hockey season, i think they have to go to the shootout to determine the winner)
Good on Kotowski. As someone who works with a Yorkie rescue, there is not much law to help stop a bad breeder that continues to breed Yorkies with Liver Shunts. This genetic condition needed to be nipped in the bud ten years ago, but it has continued because of bad breeders. Progress is being made because of hard work from yorkie advocates.
For the family who wanted the adorable little dog will find themselves with $2,000 in medical bills or, to be blunt, that family might lose their companion all together.
The internet is a great place to expose bad breeders, but they will just find another way. This is a step in the right direction.
- 47th Ward - Thursday, Apr 25, 13 @ 10:22 am:
Does the proposed law apply to parrots?
“He’s not pining! He’s passed on! This parrot is no more! He has ceased to be! He’s expired and gone to meet his maker! He’s a stiff! Bereft of life, he rests in peace! If you hadn’t nailed him to the perch he’d be pushing up the daisies! His metabolic processes are now history! He’s off the twig! He’s kicked the bucket, he’s shuffled off his mortal coil, run down the curtain and joined the bleedin’ choir invisible!! THIS IS AN EX-PARROT!”
- Chavez-respecting Obamist - Thursday, Apr 25, 13 @ 10:22 am:
Oscar! So cute.
- wordslinger - Thursday, Apr 25, 13 @ 10:24 am:
47, “he’s not dead, he’s sleeping.”
- John Jacob Jingleheimer Schmidt - Thursday, Apr 25, 13 @ 10:25 am:
I’ve head that dogs look like their owners.
Or is it the other way around?
- John Jacob Jingleheimer Schmidt - Thursday, Apr 25, 13 @ 10:25 am:
heard
- Boone's Is Back - Thursday, Apr 25, 13 @ 10:27 am:
Haha I knew you’d work the puppy into this story when I saw the headline.
- Anonymous - Thursday, Apr 25, 13 @ 10:46 am:
This law would have directly aided my family in our now six year old Papillion. Within two years, we spent over $5000.00 diagnosing her conditions which turns out to be mostly congenital due to coming from a puppy mill. In the end, we love her completely, and just blessed to be able to afford to give her as much of a healthy home as possible.
- 3rd Generation Chicago Native - Thursday, Apr 25, 13 @ 11:19 am:
Looks like Oscar enjoys car rides.
- Just Observing - Thursday, Apr 25, 13 @ 1:26 pm:
PSA: Don’t buy puppies from pet stores where most dogs are bred at puppy mills. Consider adoption, or at the least, from a responsible breeder.
- titan - Thursday, Apr 25, 13 @ 1:27 pm:
In my young and foolish days (well … young and more foolish days), I bought a petstore dog that sickened the evening I brought her home. Took her to my long time vet the next morning and ran up a significant bill there. The puppy recovered and lived a long and happy life, but I went through a lot of run around with the petstore to get reimbursement. All of the other puppies there at the time? They all died.
- Allen Skillicorn - Thursday, Apr 25, 13 @ 1:39 pm:
It’s a silly bill, but how can you vote against it? I have no love lost for puppy mills and backyard breeders. Great pets are euthanized daily because people buy animals as an impulse.
Don’t buy, adopt!
- Amalia - Thursday, Apr 25, 13 @ 1:55 pm:
must have Oscar cam!
- PublicServant - Thursday, Apr 25, 13 @ 2:47 pm:
Can they also pass an owner lemon law while they’re at it?
- Maxine - Thursday, Apr 25, 13 @ 4:56 pm:
Your dog is cute. You know they say owners resemble their pets as time goes on. You made an excellent choice….GO PUPPY CAM!!!!!!!
- In the Sticks - Thursday, Apr 25, 13 @ 8:25 pm:
There was a dark blue car parked across from me in the Sam’s lot this evening - with a puppy that looks like Oscar in the driver’s seat, with the window open and a lit cigar under the windshield wiper. Was that Oscar?