Bill Text: IL HB5772 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Animal Welfare Act. Sets forth disclosure requirements for any dog or cat made available for adoption or sale by an animal shelter, animal control facility, or pet shop operator, including adoptions or sales available over the internet. Sets forth certain requirements concerning an acknowledgement of disclosures form which must be signed by the customer or adopter and the pet shop operator or authorized representative of the animal shelter or animal control facility. Makes other changes. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that any person who knowingly violates the disclosure requirements for a pet shop operator who sells a dog or cat under the Animal Welfare Act commits an unlawful practice. Effective January 1, 2011.
Spectrum: Moderate Partisan Bill (Democrat 28-5)
Status: (Passed) 2010-08-23 - Public Act . . . . . . . . . 96-1470 [HB5772 Detail]
Download: Illinois-2009-HB5772-Enrolled.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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:
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6 | (225 ILCS 605/3.1) (from Ch. 8, par. 303.1)
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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
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10 | information for every dog or cat available for sale:
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11 | (a) The age, sex, and weight of the animal.
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12 | (b) The breed of the animal.
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13 | (c) A record of vaccinations and veterinary care and | ||||||
14 | treatment.
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15 | (d) A record of surgical sterilization or lack of surgical | ||||||
16 | sterilization.
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17 | (e) The name and address of the breeder of the animal.
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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.
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20 | (Source: P.A. 87-819.)
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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.
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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.
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15 | Section 99. Effective date. This Act takes effect January | ||||||
16 | 1, 2011.
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