Senate File 340 - Introduced SENATE FILE 340 BY GUTH A BILL FOR An Act relating to commercial establishments selling dogs or 1 cats to consumers, by providing for express warranties 2 covering the condition of the dogs or cats, and making 3 penalties applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2444XS (5) 86 da/nh

S.F. 340 Section 1. NEW SECTION . 162.17 Express warranty. 1 1. A commercial establishment that transfers ownership 2 and possession of a dog or cat to a consumer for the personal 3 use and enjoyment of the consumer, and not for resale, shall 4 furnish the consumer with an express warranty in written form 5 covering damages caused by the condition of the dog or cat as 6 provided in this section. The form of the express warranty 7 shall be prescribed by the department. 8 2. If a commercial establishment fails to furnish a written 9 express warranty to a consumer, the express warranty shall 10 apply as if the commercial establishment had furnished the 11 written express warranty to the consumer. 12 3. Any waiver of a right by a consumer under this section 13 is void. 14 4. The express warranty shall expire twenty-one days from 15 the date that the consumer takes possession of the dog or cat. 16 5. The express warranty shall cover all of the following 17 conditions: 18 a. (1) An illness or disease that adversely affects the 19 health of the dog or cat, including the presence of symptoms of 20 a contagious or infectious disease or an obvious sign of severe 21 parasitism that is extreme enough to influence the general 22 health of the dog or cat. 23 (2) An illness or disease does not include the presence of 24 fleas or ticks. 25 b. A congenital or hereditary condition that adversely 26 affects the health of the dog or cat, if the condition results 27 in any of the following: 28 (1) The hospitalization of the dog or cat or a nonelective 29 surgical procedure performed on the dog or cat, as recommended 30 by a veterinarian. 31 (2) The death of the dog or cat. 32 6. A consumer who makes a claim on an express warranty shall 33 demand compensation from the commercial establishment in any 34 of the following forms: 35 -1- LSB 2444XS (5) 86 da/nh 1/ 3

S.F. 340 a. A refund of moneys paid to the commercial establishment, 1 upon the consumer’s return of the live dog or cat to the 2 commercial establishment or proof provided to the commercial 3 establishment that the dog or cat died as a result of a 4 condition covered by the express warranty. 5 b. An exchange of the dog or cat for another dog or cat 6 of comparable value as agreed to by the consumer and the 7 commercial establishment. 8 c. A reimbursement of reasonable veterinary fees paid by 9 the consumer to a licensed veterinarian for diagnosing and 10 treating the dog or cat during the twenty-one-day period. The 11 reimbursement shall not exceed the amount paid by the consumer 12 to the commercial establishment for the dog or cat. 13 7. A commercial establishment that transfers a dog or cat 14 must post a notice at a conspicuous public location in the 15 commercial establishment’s principal place of business. The 16 notice must briefly explain the terms and conditions of the 17 warranty as required by the department. 18 8. This section shall not limit rights or remedies available 19 to a consumer under any other law. In addition to pursuing 20 any other remedy, a consumer who is not compensated under this 21 section may bring an action in district court. The court shall 22 award a consumer who prevails in such an action the amount 23 of any pecuniary loss, together with costs and reasonable 24 attorney fees which shall be taxed as part of the costs of the 25 action, and any equitable relief that the court determines is 26 appropriate. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 BILL’S PROVISIONS. This bill relates to commercial 31 establishments regulated by the department of agriculture 32 and land stewardship. The bill provides that a commercial 33 establishment that transfers ownership and possession of a 34 dog or cat to a consumer for the consumer’s personal use must 35 -2- LSB 2444XS (5) 86 da/nh 2/ 3

S.F. 340 furnish the consumer with an express warranty in written form 1 covering damages caused by the condition of the dog or cat. 2 The bill provides that the express warranty applies regardless 3 of whether the commercial establishment provides the consumer 4 with a specific written form required to be promulgated by 5 the department. The bill provides that the express warranty 6 cannot be waived by the consumer and that the warranty expires 7 21 days from the date that the consumer takes possession of 8 the dog or cat. The express warranty covers illness, disease, 9 or a congenital or hereditary condition. The express warranty 10 allows the consumer to make a claim for compensation in one of 11 several forms: (1) refund, (2) exchange, or (3) reimbursement 12 of veterinarian fees. The commercial establishment must post a 13 notice briefly explaining the express warranty in a conspicuous 14 place. The bill does not limit the rights or remedies provided 15 to consumers under other law. The bill allows a consumer who 16 does not receive compensation from the commercial establishment 17 to bring an action in court to recover pecuniary damages plus 18 court costs and reasonable attorney fees, which are to be taxed 19 as part of the costs of the action. In addition, the court 20 may grant any equitable relief that the court determines is 21 appropriate. 22 CIVIL PENALTY APPLICABLE. A commercial establishment 23 violating the bill’s provisions is subject to a civil penalty 24 of not more than $500 and each day of a violation constitutes a 25 separate offense (Code section 162.12A). 26 BACKGROUND. Commercial establishments that are involved in 27 these types of transactions include animal shelters and pounds 28 which are required to obtain a certificate of registration; 29 pet shops which are required to obtain a state license; and 30 commercial breeders which are required to obtain a state 31 license or a permit if licensed by the United States department 32 of agriculture (USDA) (Code section 162.2A). 33 -3- LSB 2444XS (5) 86 da/nh 3/ 3