HB5772 Enrolled LRB096 20175 ASK 35732 b

1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Animal Welfare Act is amended by changing
5 Section 3.1 and by adding Sections 3.5 and 3.15 as follows:
 
6     (225 ILCS 605/3.1)  (from Ch. 8, par. 303.1)
7     Sec. 3.1. Information on dogs and cats for sale by a dog
8 dealer or cattery operator. Every pet shop operator, dog
9 dealer, and cattery operator shall provide the following
10 information for every dog or cat available for sale:
11     (a) The age, sex, and weight of the animal.
12     (b) The breed of the animal.
13     (c) A record of vaccinations and veterinary care and
14 treatment.
15     (d) A record of surgical sterilization or lack of surgical
16 sterilization.
17     (e) The name and address of the breeder of the animal.
18     (f) The name and address of any other person who owned or
19 harbored the animal between its birth and the point of sale.
20 (Source: P.A. 87-819.)
 
21     (225 ILCS 605/3.5 new)
22     Sec. 3.5. Information on dogs and cats available for

 

 

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1 adoption by an animal shelter or animal control facility.
2     (a) An animal shelter or animal control facility must
3 provide to the adopter prior to the time of adoption the
4 following information, to the best of its knowledge, on any dog
5 or cat being offered for adoption:
6         (1) The breed, age, date of birth, sex, and color of
7     the dog or cat if known, or if unknown, the animal shelter
8     or animal control facility shall estimate to the best of
9     its ability.
10         (2) The details of any inoculation or medical treatment
11     that the dog or cat received while under the possession of
12     the animal shelter or animal control facility.
13         (3) The adoption fee and any additional fees or
14     charges.
15         (4) If the dog or cat was returned by an adopter, then
16     the date and reason for the return.
17         (5) The following written statement: "A copy of our
18     policy regarding warranties, refunds, or returns is
19     available upon request.".
20         (6) The license number of the animal shelter or animal
21     control facility issued by the Illinois Department of
22     Agriculture.
23     (b) The information required in subsection (a) shall be
24 provided to the adopter in written form by the animal shelter
25 or animal control facility and shall have an acknowledgement of
26 disclosures form, which must be signed by the adopter and an

 

 

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1 authorized representative of the animal shelter or animal
2 control facility at the time of the adoption. The
3 acknowledgement of disclosures form shall include the
4 following:
5         (1) A blank space for the dated signature and printed
6     name of the authorized representative handling the
7     adoption on behalf of the animal shelter or animal control
8     facility, which shall be immediately beneath the following
9     printed statement: "I hereby attest that all of the above
10     information is true and correct to the best of my
11     knowledge.".
12         (2) A blank space for the dated signature and printed
13     name of the adopter, which shall be immediately beneath the
14     following statement: "I hereby attest that this disclosure
15     was posted on or near the cage of the dog or cat for
16     adoption and that I have read all the disclosures. I
17     further understand that I am entitled to keep a signed copy
18     of this disclosure.".
19     (c) A copy of the disclosures and the signed
20 acknowledgement of disclosures form shall be provided to the
21 adopter and the original copy shall be maintained by the animal
22 shelter or animal control facility for a period of 2 years from
23 the date of adoption. A copy of the animal shelter's or animal
24 control facility's policy regarding warranties, refunds, or
25 returns shall be provided to the adopter.
26     (d) An animal shelter or animal control facility shall post

 

 

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1 in a conspicuous place in writing on or near the cage of any
2 dog or cat available for adoption the information required by
3 subsection (a) of this Section 3.5.
 
4     (225 ILCS 605/3.15 new)
5     Sec. 3.15. Disclosures for dogs and cats being sold by pet
6 shops.
7     (a) Prior to the time of sale, every pet shop operator
8 must, to the best of his or her knowledge, provide to the
9 consumer the following information on any dog or cat being
10 offered for sale:
11         (1) The retail price of the dog or cat, including any
12     additional fees or charges.
13         (2) The breed, age, date of birth, sex, and color of
14     the dog or cat.
15         (3) The details of any inoculation or medical treatment
16     that the dog or cat received while under the possession of
17     the pet shop operator.
18         (4) The name and business address of both the dog or
19     cat breeder and the facility where the dog or cat was born.
20     If the dog or cat breeder is located in the State, then the
21     breeder's license number. If the dog or cat breeder also
22     holds a license issued by the United States Department of
23     Agriculture, the breeder's federal identification number.
24         (5) Any known congenital or hereditary diseases of the
25     parents of the dog or cat, or the parents' other offspring.

 

 

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1         (6) If eligible for registration with a pedigree
2     registry, then the name and registration numbers of the
3     sire and dam and the address of the pedigree registry where
4     the sire and dam are registered.
5         (7) If the dog or cat was returned by a customer, then
6     the date and reason for the return.
7         (8) The following written statement: "A copy of our
8     policy regarding warranties, refunds, or returns is
9     available upon request.".
10         (9) The pet shop operator's license number issued by
11     the Illinois Department of Agriculture.
12     (b) The information required in subsection (a) shall be
13 provided to the customer in written form by the pet shop
14 operator and shall have an acknowledgement of disclosures form,
15 which must be signed by the customer and the pet shop operator
16 at the time of sale. The acknowledgement of disclosures form
17 shall include the following:
18         (1) A blank space for the dated signature and printed
19     name of the pet shop operator, which shall be immediately
20     beneath the following statement: "I hereby attest that all
21     of the above information is true and correct to the best of
22     my knowledge.".
23         (2) A blank space for the customer to sign and print
24     his or her name and the date, which shall be immediately
25     beneath the following statement: "I hereby attest that this
26     disclosure was posted on or near the cage of the dog or cat

 

 

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1     for sale and that I have read all of the disclosures. I
2     further understand that I am entitled to keep a signed copy
3     of this disclosure.".
4     (c) A copy of the disclosures and the signed
5 acknowledgement of disclosures form shall be provided to the
6 customer at the time of sale and the original copy shall be
7 maintained by the pet shop operator for a period of 2 years
8 from the date of sale. A copy of the pet store operator's
9 policy regarding warranties, refunds, or returns shall be
10 provided to the customer.
11     (d) A pet shop operator shall post in a conspicuous place
12 in writing on or near the cage of any dog or cat available for
13 sale the information required by subsection (a) of this Section
14 3.15.
 
15     Section 99. Effective date. This Act takes effect January
16 1, 2011.