Capitol Fax.com - Your Illinois News Radar

Puppy lemon law clears Senate

Posted in:

Illinois
YouTube

* The puppy lemon bill passed the Senate yesterday…

The Illinois Senate has approved a measure that would protect consumers who buy a dog or cat at a pet store and then find out that the animal is seriously ill.

Lawmakers voted 31-18 Wednesday to send to the Illinois House the bill described as a “puppy lemon law.”

The legislation would allow buyers to get a replacement or a full refund for the pet if the animal dies within 21 days of the purchase. Consumers also could seek damages for the cost of veterinary care.

* More…

Illinois now requires pet stores to provide information about a pet’s health history but gives consumers no remedy if they unknowingly buy an ill animal. Nor is there any way in which someone can be reimbursed for veterinary bills if the pet they bought was ill when it was bought.

Opponents argued that Kotowski’s bill didn’t cover the majority of pet purchases, which come from breeders or animal shelters. By one estimate made during floor debate Wednesday, as few as 15 percent of pet purchases occur at pet shops.

“It’s a little like we’ll have a speed limit on 30 percent of the state’s highways and the rest of the time you can go as high as you want,” said Sen. Dale Righter (R-Charleston). “The average cost of a dog in a pet store was about $1,000. We’ll protect the consumers who have the money to pay $1,000 for a dog as a pet. What about all those consumers who can’t afford that?”

Kotowski’s bill, patterned after existing pet “lemon” laws in 17 other states, now moves to the House.

* We’ve talked about Righter’s objections before, but the Tribune editorial board has also weighed in…

Kotowski’s bill addresses pets that are bred for retail and sold for a profit. Like it or not, they’re a product. Customers pay a premium for them and expect the merchant to stand behind its goods.

Shelters and rescues are in the business of finding homes for stray or abandoned animals that might otherwise be destroyed or spend their lives in a kennel. When you adopt a shelter pet, you typically pay only for its shots, a spay or neuter, and maybe a fee to help keep the organization running. There’s no manufacturing cost and no retail markup. But you’re taking a leap of faith, because the animal’s background is usually a mystery.

Shelter mutts might in fact be healthier precisely because they’re not bred for sale. Selective breeding to emphasize certain traits can lead to genetic defects as well. That’s especially true when dogs are bred indiscriminately, with an eye for profit.

Like any business, commercial breeders make money by keeping costs as low as possible. Dogs are breeding stock, not pets. The bad actors in the business are the puppy mills, where animals live in cramped, unsanitary conditions without adequate food, water, exercise or veterinary care. Puppies bred in those surroundings might not be healthy, socialized or genetically sound.

Puppy lemon laws — at least 20 states have one — target the puppy mills by holding the sellers responsible if an animal turns out to be sick or to have a congenital defect. Sure, it’s a protection for the consumer, but it also puts the squeeze on puppy mills by encouraging pet stores to deal with reputable suppliers.

* And, of course, as long as we’re talking about puppies, why not take this opportunity to post another Oscar the Puppy video?

I went to visit my parents a few weeks ago. My dad is in the process of selling off and giving away some of his massive collection of antiques and other stuff, so he gave me a box of goodies to take home. Included in that box was a wooden bust of John F. Kennedy.

I have a fireplace that separates the dining room from the living room. I put the JFK bust in the dining room on the lower mantle, if that’s what it’s called. I was sitting in the living room the other day and Oscar was walking toward me and then stopped cold in his tracks, turned toward the fireplace and began acting weird. I thought he’d seen a mouse or something (which would really be weird because I’ve never had a mouse in my house) so I went to look. He was freaked out by the JFK bust. I moved the statue to the living room (for better video production) and fired up my iPhone.

At first, I thought Oscar must be a Republican because he was barking and growling at the presidential bust. Then, as you’ll see at the end, he licked JFK’s face. So, maybe he’s a Democrat. I just don’t know.

Have a look…

* Roundup…

* 70 mph limit a threat to safety, says IDOT secretary

* Murray Center gets more bad news; new delays in state payments

* Bernard Schoenburg: Petition drive to reform redistricting considered

* IL union demands some fracking jobs, may cost state all fracking jobs

* Another View: Getting people to work key to financial fix in Illinois

* House panel strengthens child-abduction prosecution

posted by Rich Miller
Thursday, May 2, 13 @ 11:07 am

Comments

That sure was easy. The NRA should learn from that lesson and fire Todd and hire Kristin.

Comment by HenryVK Thursday, May 2, 13 @ 11:10 am
In my opinion, one shouldn’t be buying puppies from pet shops whose dogs are often procured from puppy mills. Consider adoption or buying from a reputable breeder.

Comment by Just Observing Thursday, May 2, 13 @ 11:11 am
I think Oscar’s a libertarian.

Comment by Just Observing Thursday, May 2, 13 @ 11:13 am
By the way, the comment about breeders is correct. I don’t see any reason to exclude them.

Further, the bill is strange in that, if I read it correctly, it is better for consumers if the puppy dies as opposed to being very sick, needing expensive care, and surviving.

Comment by HenryVK Thursday, May 2, 13 @ 11:14 am
Gosh, is that Oscar a great dog. Great video.

I agree with Just. Much better to buy from a breeder where you can “Meet the Parents,” so to speak.

Comment by Arthur Andersen Thursday, May 2, 13 @ 11:16 am
Rich: When will Oscar be making his first visit to the Statehouse? The selection of statues he could pass judgment on is great.

Comment by Give Me A Break Thursday, May 2, 13 @ 11:37 am
Oscar…. Is Adorable!
Agreed… Purchase from a breeder.

Comment by Albert... Thursday, May 2, 13 @ 11:41 am
Most breeders are much more hobbyist than business - they usually show the breeds of dogs.

Extending the law to them would be rather like extending brew pub regulations to home brewers

Comment by titan Thursday, May 2, 13 @ 11:50 am
we purchase our dogs from reputable breeders, and make contributions to groups like Animal Protective League, to support their work.

i once had a dalmation who was enormously unhappy w a jack-o-lantern that had a scary face and orange bulb inside. he would slink around the room growling at it. my current retriever barks at any animal on tv, even a griaffe or elephant w no animal sounds.

Comment by langhorne Thursday, May 2, 13 @ 11:54 am
How many of us grew up in homes with JFK busts? I would guess quite a few.
Funny that there are no presidents in my lifetime that I feel so affectionate towards that would cause me to permanently display his image atop the dining room hutch.
Different eras I suppose.

Comment by Jake from Elwood Thursday, May 2, 13 @ 11:55 am
As soon as I saw the “Puppy lemon law….” lede (before I scrolled down) I knew there would be a picture or video of Oscar forthcoming. Once a dog lover, always…
Keep them coming. It’s a nice break from the GA depressions…

Comment by unspun Thursday, May 2, 13 @ 11:56 am
Titan,

If a homebrewer markets their stuff to the public, why shouldn’t the home brewer be compelled to brew a product that won’t make people sick?

I bought my current dog from a reputable breeder. I met the parents. Did all the right stuff. And we still had some significant vet bills due to a skin condition of the pup.

I doubt we would have pursued anything against the breeder, but at the same time, it would have been nice to have that option.

Comment by HenryVK Thursday, May 2, 13 @ 11:57 am
One problem with pure breed dogs, whether from pet stores or directly from breeders, is that congenital problems like hip displasia are much more common. The traits that breeders seek to “copy” in their dogs often come with traits that lead to diseases or other medical issues. Reputable breeders know this and work hard to find as many different breeding pairs as possible. Of course, not all breeders are reputable, which is why this law is welcome.

If you want to minimize the risk of genetic defects, get a mutt. There is usually enough genetic diversity in mixed breeds to reduce the likelihood of inherited diseases.

Comment by 47th Ward Thursday, May 2, 13 @ 12:03 pm
Rich,The bust is on the hearth in your picture; the mantle is above the fireplace. Oscar is too young to be a democrat or republican; but later, if he lifts his leg, you’ll know. My wife has gotten several dogs from kennels, but several of ours have been freebies from unexpected litters. Never had to destroy one because of sickness or viciousness…

Comment by downstate commissioner Thursday, May 2, 13 @ 12:17 pm
Oscar is probably confused because he isn’t sure if JFK would be classified as a Democrat or a Republican according to modern day standards.

Comment by Phenomynous Thursday, May 2, 13 @ 12:24 pm
1. POID (Puppy Owners Identification Card)
2. 3 day waiting period before puppy can be delivered
3. Bill of sale from breeder required unless dog transfer is to a relative or transferred as inheritance
4. May issue clause: carrying a purse dogs in Cook County subject to local control, owner must be of good character to conceal dog in a purse.

Comment by Charlatan Heston Thursday, May 2, 13 @ 12:30 pm
I’m waiting for the amendatory veto that adds the “python lemon” provision.

Comment by Anonymous Thursday, May 2, 13 @ 12:38 pm
Speaking as a guy who has found and “rescued” two dogs from starvation….found after being dumped out in the middle of nowhere by heartless people who deserve more punishment that the law allows….I subscribe to the idea that we have enough “mutts” that require our care.

Frankly, I am not sure why anyone would pay money for a dog when so many excellent ones are put down…..or returned as being “defective” somehow.

Seems to me to be no less horrible than the idea that we would return a human infant for being “defective”

Comment by JoeVerdeal Thursday, May 2, 13 @ 12:45 pm
Rich - this seems like a relevant time to ask: Oscar’s purebred Wheaten?

Comment by DuPageExpat Thursday, May 2, 13 @ 12:45 pm
no major hair braiding legislation this spring? Time to march on springfield!

Comment by shore Thursday, May 2, 13 @ 12:49 pm
Joe,

The reason would be “We intend to have kids and need an animal that is predictable.”

And other than the skin condition, we got it by buying one from a breeder. There are days I’m convinced that mine hops on the internet when I’m not home to refresh his recollection about the breed standard.

We can almost hear him saying to himself “Hey wait, I need to step back. I must be `approachable, quietly standing my ground and showing confidence and willingness to meet overtures without making them.’ I can’t rush to see our guest. That would be unacceptable.”

I support rescue groups but with young kids, cannot risk taking in a rescue.

Comment by HenryVK Thursday, May 2, 13 @ 12:54 pm
What are the chances the petition drive to end gerrymandering gets on the ballot? Do they have the funds? Looks like they have some good names associated with the group, but they’d need at least $500,000 to have any chance, IMHO.

Comment by Jeff Trigg Thursday, May 2, 13 @ 1:17 pm
Jake, did you grow up (Irish) Catholic? I think that may have a lot to do with it. Also, in this 24 hour media world, we know the flaws of presidents a lot sooner than twe did then.

Comment by Wumpus Thursday, May 2, 13 @ 1:19 pm
–How many of us grew up in homes with JFK busts?–

My folks, who grew up under occupation (my old man in prison) revered Roosevelt and Churchill. When most of the West were resigned to make nice with the totalitarians, they refused, virtually alone.

All my black friends’ parents had the iconic photo of JFK, RFK and MLK.

I’ve always found that a little mystifying, since JFK and RFK had to be dragged into the Civil Rights fight, while LBJ did the heavy lifting in the Senate and as president.

Martyrdom will do it, I guess.

Comment by wordslinger Thursday, May 2, 13 @ 2:09 pm
I sure hope the Kotowski bill does not get assigned to the House Ag Committee. If it does, it is DOA. The last time a puppy lemon bill came up before House Ag, there was not a single vote for it on the committee. It would be surprising if the opponents, many still there (Sacia, Moffit, Chapa) have changed their minds.

Comment by reformer Thursday, May 2, 13 @ 2:11 pm
Word, I know the photo you are talking about. I too have seen it in friend’s homes growing up. And yes, Wumpus, the Catholic angle was likely a definite factor at least in the homes of my relatives.

Comment by Jake from Elwood Thursday, May 2, 13 @ 2:22 pm
I just can’t see anyone with a Bill Clinton or George Bush or God forbid, a Rod Blagojevich bust proudly displayed in their homes. The best you get nowadays would be the framed photograph standing next to a politician.

Comment by Jake from Elwood Thursday, May 2, 13 @ 2:25 pm
Regarding the fracking bill:

“By requiring well drillers licensed by the State of Illinois to be present at drilling sites, we will ensure that proper procedures are used to protect the underground aquifers,” Maher added.

Licensed and Operating Engineers 150 ain’t necessarily the same thing.

You want to put your money where your mouth is and post a bond that that your presence will protect underground aquifers? Step up.

If not, get out of the way.

I’ve bitten my lip on fracking because the folks in central and southern Illinois need the work and the opportunity.

It’s inconceivable to me that after the Sierra Club has signed on that his could be derailed by a rather dodgy local. Maybe Dennis Gannon could help.

Perhaps Todd can pipe up and talk to his pals about the right to make a living.

Comment by wordslinger Thursday, May 2, 13 @ 2:43 pm
HenryVK…..With the inbreeding that is involved with “pedigree” dogs, good temperament is much more likely with a shelter dog than with many “purebred” dogs.

I used to believe as you do, though…..but was convinced otherwise by the time I had children….I raised my kids with mutts as their companion animals. They have been good for my kids and have also been quite excellent as watchdogs here on the farm. They point out the four-legged and two-legged visitors….and I greet them.

Comment by JoeVerdeal Thursday, May 2, 13 @ 2:47 pm
Joe,
You really have no clue.
Seriously.

In reality, there are good breeders and bad. The idea that all (or most, or a substantial number or however you want to phrase it) dogs from breeders are “in-bred” is simply false.

The idea that the temperament of shelter dogs is more often good than with breeders is false.

Have you had good luck? Good for you. But don’t generalize. You simply don’t know what you are talking about.

Some dogs from shelters are perfectly good dogs. Some are not. Are they predictable? No, since you have no idea what they were exposed to, what sort of conditions they’ve faced, and what kinds of health issues the parents faced.

When we bought our current dog, we met both parents. I knew what sort of dog he would be based on the parents. And based on the documented accomplishments of their parents.

So I’m happy for you that you’ve rescued a dog. Give yourself a nice pat on the back. But don’t generalize about breeders, because you simply have no clue.

Comment by HenryVK Thursday, May 2, 13 @ 2:56 pm
Our last couple of dogs came from APL. Before they put them up for adoption, all their animals are evaluated. You pretty much know what you are getting in terms of temperment, health, etc. Never had a surprise with an APL dog.

Comment by RNUG Thursday, May 2, 13 @ 3:20 pm
Rich must be busy today. It’s almost 3:30 and no QOTD yet.

Comment by 47th Ward Thursday, May 2, 13 @ 3:21 pm
Commie that I am, I have cats. I found Cleo–she was living in the empty apartment next to mine when people moved in and wanted her gone. I let her in my place because it was raining and I didn’t want to make her go out in it. I was going to take her to the shelter the next day. That was 12 years ago. I did finally go to the shelter. I got her a little brother. His name is Ted.

Comment by Chavez-respecting Obamist Thursday, May 2, 13 @ 3:40 pm
Yeah, 47th. Madigan Amendment to SB1 passed.

Comment by Cincinnatus Thursday, May 2, 13 @ 3:56 pm
I know Cinci. I’ve been listening. I can’t remember a time when there hasn’t been a QOTD here, that’s all I meant. Even if it’s just “Who was the biggest windbag on the House floor today? Please explain.”

FYI, my answer to that question would be Tom “we owe them an apology” Cross. Sounded like Tom Hagen in the Godfather, “Senator, this committee owes my client an apology.”

Comment by 47th Ward Thursday, May 2, 13 @ 4:08 pm
–Word, I know the photo you are talking about.–

It might have had something to do with the Dion tune.

“Anybody here, seen my old friend Lyndon,” just doesn’t roll off the tongue.

But make no mistake. That profoundly corrupt, immensely complicated, Lear-like, absolutely brilliant Texas Hill Country boy advanced the rights of people of color in this country more than anyone but Lincoln.

But he also accelerated an American genocide of a Third World people living in a part of the world that most of us couldn’t find on a map if it were tattooed to our tukkus.

May God forgive us for that. I’m not confident.

Read the Bechloss-edited transcripts of LBJs White House phone calls. There’s the creepy stuff with Jackie O.

But his conversations with Sen. Russell are mesmerizing. In 1964, he knows he’s going to hand over the Democrats’ Solid South to the Republicans with Civil Rights. He lays it out step-by-step, almost year-by-year, predicting the rise of Nixon and Reagan and the fall of Rockefeller as a result.

But he does it anyway.

In 1964, he knows Vietnam is a meaningless war, strategically, to the United States, but he can’t see a way out, politically. And the killing continues, especially from the air on those poor rice farmers who never bothered anyone here.

On Civil Rights, he acts with valor, that advances the lives of millions. On Vietnam, he acts with political cowardice that costs the lives of thousands of Americans and hundreds of thousands — I repeat, hundreds of thousands — Vietnamese.

Lear-like, indeed.

Comment by wordslinger Thursday, May 2, 13 @ 4:45 pm
47th, Cincy …

I assume Rich is trying to stay on top of the SB-1 actions AND trying to get more details on the union / Cullerton proposal. That kind of interaction is best done in person … and w/o interference from mobile devices.

Comment by RNUG Thursday, May 2, 13 @ 4:45 pm
I fully appreciate the work Rich is doing today and I look forward to reading all about it in tomorrow’s fax.

Maybe he’ll consider an “after hours” theme for a late night QOTD. Something like, “what are you wearing and what are you drinking right now? Please explain.”

Pajamas and bourbon if you’re a pension member. Tuxedo and champaign if you’re John Tillman or Lawrence Msall.

Comment by 47th Ward Thursday, May 2, 13 @ 5:00 pm
Rich, I think you are FINALLY Oscar’s human. Dogs own humans, not the other way around. GREAT! And it is ok for Oscar to be middle right, but not too far! LOL

Comment by Maxine Thursday, May 2, 13 @ 5:11 pm
47th

Most nights my answer would be jeans and a t-shirt with a caffine free diet Pepsi and a dark chocolate Hershey’s bar … unless I was having one of my once in a blue moon CC & 7’s

Comment by RNUG Thursday, May 2, 13 @ 5:18 pm
Pajamas and bourbon is me every night. And I’m an academic.

Comment by Chavez-respecting Obamist Thursday, May 2, 13 @ 5:24 pm
There are so many inaccuracies in some of these posts it’s incredible. Mixed breeds are NOT healthier than pure breeds, there simply are no studies regarding dogs of mixed breed heritage. People purchasing Labradoodles have an equal chance of getting defective genes from either side. That is why it is important to find a breeder who does genetic testing for breed specific issues and will stand behind the puppy for the dogs lifetime.

Sangamon County euthanized 20 dogs last year that were adoptable - they were all pitbull mixes. Chicago shelters are importing dogs from Puerto Rico and Mexico with all kinds of zoonotic diseases the vets here have never seen before. Importation of foreign dogs is becoming a huge issue with CDC. The shelter adoption world is not what it appears on the surface.

Comment by Algernon Thursday, May 2, 13 @ 5:25 pm
Re. the Law–it’s most certainly better to HAVE some such law, albeit not perfectly crafted, along these lines than NOT and it does protect Illinois consumers from getting ripped off (the whole point of Fraud Law), so hats off to Sen. Kotowski (our future, oh, I’ll predict Secretary of State, or at least Candidate for such, down the road)…

And Oscar? Well, what can ya say–how’s about OSCAR STRIKES AGAIN! He sure is “a piece of work,” that little guy, as the ‘ol Sayin’ goes…! The funniest part for me was following all of the Drama, after the lickin’ to make peace and realization that ‘ol JFK is harmless after all, it’s almost like as he turns away toward the end that he was thinking, “Ok, no threat there as it turns out. I’m bored now–so…what can I explore next around here?!” Thanks for the chuckle–really needed it today.

Comment by Just The Way It Is One Thursday, May 2, 13 @ 5:57 pm
needed, Legislator Lemon Law.

Puppy Lemon. is that a member of Liz Lemon’s family?

expecting pix of Oscar fighting with a lemon.

Comment by Amalia Thursday, May 2, 13 @ 6:14 pm
Very brave, Oscar protecting his territory from an intruder. He’d have been happier if JFK responded.

Comment by Wensicia Thursday, May 2, 13 @ 6:17 pm
Oscar’s updates are like having Oscar as a nephew to the Blog, and that’s pretty cool. thanks for the video, fun stuff!

Comment by Oswego Willy Thursday, May 2, 13 @ 9:54 pm