Public Act 096-1470
 
HB5772 EnrolledLRB096 20175 ASK 35732 b


  
    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 
Section 3.1 and  by adding Sections 3.5 and 3.15 as follows:
 



    (225 ILCS 605/3.1)  (from Ch. 8, par. 303.1)



    Sec. 3.1. Information on dogs and cats for sale by a dog 
dealer or cattery operator. Every pet shop
operator, dog 
dealer, and cattery operator shall provide the following

information for every dog or cat available for sale:

    (a) The age, sex, and weight of the animal.

    (b) The breed of the animal.

    (c) A record of vaccinations and veterinary care and 
treatment.

    (d) A record of surgical sterilization or lack of surgical 
sterilization.

    (e) The name and address of the breeder of the animal.

    (f) The name and address of any other person who owned or 
harbored the
animal between its birth and the point of sale.

(Source: P.A. 87-819.)

 
    (225 ILCS 605/3.5 new)
    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) The following written statement: "A copy of our 
    policy regarding warranties, refunds, or returns is 
    available upon request.".
        (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 
    was posted on or near the cage of the dog or cat for 
    adoption 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 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.
 
    (225 ILCS 605/3.15 new)
    Sec. 3.15. Disclosures for dogs and cats being sold by pet 
shops.
    (a) Prior to the time of sale, every pet shop operator 
must, to the best of his or her knowledge, provide to the 
consumer the following information on any dog or cat being 
offered for sale:
        (1) The retail price of the dog or cat, including any 
    additional fees or charges.
        (2) The breed, age, date of birth, sex, and color of 
    the dog or cat.
        (3) The details of any inoculation or medical treatment 
    that the dog or cat received while under the possession of 
    the pet shop operator.
        (4) The name and business address of both the dog or 
    cat breeder and the facility where the dog or cat was born. 
    If the dog or cat breeder is located in the State, then the 
    breeder's license number. If the dog or cat breeder also 
    holds a license issued by the United States Department of 
    Agriculture, the breeder's federal identification number.
        (5) Any known congenital or hereditary diseases of the 
    parents of the dog or cat, or the parents' other offspring.
        (6) If eligible for registration with a pedigree 
    registry, then the name and registration numbers of the 
    sire and dam and the address of the pedigree registry where 
    the sire and dam are registered.
        (7) If the dog or cat was returned by a customer, then 
    the date and reason for the return.
        (8) The following written statement: "A copy of our 
    policy regarding warranties, refunds, or returns is 
    available upon request.".
        (9) The pet shop operator's license number issued by 
    the Illinois Department of Agriculture. 
    (b) The information required in subsection (a) shall be 
provided to the customer in written form by the pet shop 
operator and shall have an acknowledgement of disclosures form, 
which must be signed by the customer and the pet shop operator 
at the time of sale. The acknowledgement of disclosures form 
shall include the following:
        (1) A blank space for the dated signature and printed 
    name of the pet shop operator, which shall be immediately 
    beneath the following 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 customer to sign and print 
    his or her name and the date, which shall be immediately 
    beneath the following statement: "I hereby attest that this 
    disclosure was posted on or near the cage of the dog or cat 
    for sale and that I have read all of 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 
customer at the time of sale and the original copy  shall be 
maintained by the pet shop operator for a period of 2 years 
from the date of sale. A copy of the pet store operator's 
policy regarding warranties, refunds, or returns shall be 
provided to the customer.
    (d) A pet shop operator shall post in a conspicuous place 
in writing on or near the cage of any dog or cat available for 
sale the information required by subsection (a) of this Section 
3.15.
 
 
    Section 99. Effective date. This Act takes effect January 
1, 2011.