Public Act 0643 104TH GENERAL ASSEMBLY

SB2891 Enrolled LRB104 15680 AAS 28857 b

Public Act 104-0643

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Animal Welfare Act is amended by changing Sections 3.3 and 3.5 as follows:

(225 ILCS 605/3.3)

Sec. 3.3. Adoption of dogs and cats.

(a) An animal shelter or animal control facility shall not adopt out any dog or adopt out or return to field any cat unless it has been sterilized and microchipped. The animal shelter or animal control facility shall register the microchip in a national database with the adoptive owner's information at the time of adoption. The animal shelter or animal control facility shall retain documentation of the microchip and registration, which shall be searchable by microchip number. However, an animal shelter or animal control facility may adopt out a dog or cat that has not been sterilized and microchipped if the adopting owner has executed a written agreement to have sterilizing and microchipping procedures performed within 14 days after a licensed veterinarian certifies the dog or cat is healthy enough for sterilizing and microchipping procedures and a licensed veterinarian has certified that the dog or cat is too sick or injured to be sterilized or it would be detrimental to the health of the dog or cat to be sterilized or microchipped at the time of the adoption.

(b) An animal shelter or animal control facility may adopt out any dog or cat that is not free of disease, injury, or abnormality if the disease, injury, or abnormality is disclosed in writing to the adopter, and the animal shelter or animal control facility allows the adopter to return the animal to the animal shelter or animal control facility.

(c) The requirements of subsections (a) and (b) of this Section do not apply to adoptions subject to Section 11 of the Animal Control Act.

(d) An animal shelter or animal control facility may waive the adoption fee for a dog or cat if the person adopting the dog or cat:

(1) presents to the animal shelter or animal control facility a current and valid Illinois driver's license with the word "veteran" printed on its face, a current and valid Illinois Identification Card with the word "veteran" printed on its face, or an identification card issued under the federal Veterans Identification Card Act of 2015 and a valid Illinois driver's license or valid Illinois Identification Card; and

(2) complies with the adoption policies of the animal shelter or animal control facility.

(e) An animal shelter or animal control facility may limit the number of dogs or cats adopted from that animal shelter or animal control facility pursuant to this Section to one dog or cat each in a 2-year period.

(f) If, at any time after adoption, the adopted animal comes into the possession of an animal control agency, a law enforcement agency, another animal shelter, or a veterinarian and the agency, shelter, or veterinarian requests information pertaining to the identity and whereabouts of the animal's adopter or the history of the animal, the adopting agency shall, within one business day, provide that information to the requesting agency, shelter, or veterinarian.

(Source: P.A. 102-558, eff. 8-20-21; 103-434, eff. 1-1-24; 103-678, eff. 1-1-25.)

(225 ILCS 605/3.5)

Sec. 3.5. Information on dogs and cats available for adoption by an animal shelter or animal control facility.

(a) An animal shelter or animal control facility must provide to the adopter prior to the time of adoption the following information, to the best of its knowledge, on any dog or cat being offered for adoption:

(1) The breed, age, date of birth, sex, and color of the dog or cat if known, or if unknown, the animal shelter or animal control facility shall estimate to the best of its ability.

(2) The details of any inoculation or medical treatment that the dog or cat received while under the possession of the animal shelter or animal control facility.

(3) The adoption fee and any additional fees or charges.

(4) If the dog or cat was returned by an adopter, then the date and reason for the return.

(5) Any behavior noted during interactions with the dog, including intake, walks, playgroups, socialization sessions, medical examinations, and other assessments.

(6) Information describing whether the dog has killed a companion animal or livestock or has been deemed a dangerous dog under Section 15.1 of the Animal Control Act and any restrictions that may apply to the dog, if known.

(7) Information describing whether the dog or cat has bitten any person at the facility or prior to admission.

(8) (5) The following written statement: "A copy of our policy regarding warranties, refunds, or returns is available upon request.".

(9) (6) The license number of the animal shelter or animal control facility issued by the Illinois Department of Agriculture.

(b) The information required in subsection (a) shall be provided to the adopter in written form by the animal shelter or animal control facility and shall have an acknowledgement of disclosures form, which must be signed by the adopter and an authorized representative of the animal shelter or animal control facility at the time of the adoption. The acknowledgement of disclosures form shall include the following:

(1) A blank space for the dated signature and printed name of the authorized representative handling the adoption on behalf of the animal shelter or animal control facility, which shall be immediately beneath the following printed statement: "I hereby attest that all of the above information is true and correct to the best of my knowledge.".

(2) A blank space for the dated signature and printed name of the adopter, which shall be immediately beneath the following statement: "I hereby attest that this disclosure regarding was posted on or near the cage of the dog or cat for adoption was presented to me and that I have read all the disclosures. I further understand that I am entitled to keep a signed copy of this disclosure.".

(c) A copy of the disclosures and the signed acknowledgement of disclosures form shall be provided to the adopter and the original copy shall be maintained by the animal shelter or animal control facility for a period of 2 years from the date of adoption. A copy of the animal shelter's or animal control facility's policy regarding warranties, refunds, or returns shall be provided to the adopter.

(d) An animal shelter or animal control facility is prohibited from offering for adoption or transfer, giving away, rehoming, or placing any dog determined to be a vicious dog under Section 15 of the Animal Control Act. An animal shelter or animal control facility shall post in a conspicuous place in writing on or near the cage of any dog or cat available for adoption the information required by subsection (a) of this Section 3.5.

(Source: P.A. 96-1470, eff. 1-1-11.)