HB5772 96TH GENERAL ASSEMBLY

LRB096 20175 ASK 35732 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5772

Introduced 2/9/2010, by Rep. Susana A. Mendoza

SYNOPSIS AS INTRODUCED:

225 ILCS 605/3.1	from Ch. 8, par. 303.1
225 ILCS 605/3.5 new
225 ILCS 605/3.15 new
815 ILCS 505/2Z	from Ch. 121 1/2, par. 262Z

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.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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 dates of any inoculation or medical treatment administered to the dog or cat at any time while under the possession of the animal shelter or animal control facility.

(3) If the dog or cat received any inoculation or medical treatment from a veterinarian, then the name and business address of the veterinarian who performed the examination and administered any treatment or medication.

(4) If the dog or cat received any inoculation or medical treatment from an animal shelter or animal control facility, then the name of the manager who authorized the administration of the treatment or medication, his or her title, and employer.

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

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

(7) Any known citations or warnings issued to the animal shelter or animal control facility by the Illinois Department of Agriculture, or other regulatory or governmental agency relating to the health or welfare of dogs or cats held or placed for adoption by an animal shelter or animal control facility.

(8) The policy of the animal shelter or animal control facility regarding any returns of the adopted dog or cat, warranties, guarantees, or any other policy related to the adopted dog or cat.

(9) Whether the dog or cat (i) was found as a stray, (ii) was an owner surrender, (iii) was transferred from another animal control facility, or (iv) otherwise how the dog or cat came to the animal shelter or animal control facility.

(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 on its last page 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, and I have made a diligent effort to obtain this information.".

(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 with 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 disclosure 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.

(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. An animal shelter or animal control facility that makes dogs or cats available for adoption over the internet must post the same disclosures required by subsection (a) of this Section 3.5 in conjunction with the information about the individual dog or cat for adoption.

(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 dates of any inoculations or medical treatments administered to the dog or cat at any time prior to the sale.

(4) If the dog or cat received any inoculation or medical treatment from a veterinarian, then the name and business address of the veterinarian who performed the examination and administered any treatment or medication.

(5) If the dog or cat received any inoculation or medical treatment from a pet shop, then the name of the licensee or manager who authorized the administration of the treatment or medication, his or her title, and employer.

(6) If the dog or cat received any inoculation or medical treatment from a dog dealer or cattery operator, then the name of the licensee or manager who authorized the administration of the treatment or medication, his or her title, and employer.

(7) 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.

(8) Any known citations or warnings issued to the breeder by the USDA, respective state Department of Agriculture, or other regulatory or governmental agency relating to the health or welfare of the dogs or cats owned or bred by that breeder.

(9) The name and business address of any other person who owned, harbored, transported, or facilitated the sale of the dog or cat between its birth and the point of sale.

(10) Any known congenital or hereditary diseases of the parents of the dog or cat, or the parents' other offspring.

(11) 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.

(12) If the dog or cat was returned by a customer, then the date and reason for the return.

(13) The total number of puppies or kittens that were born at the breeder's facility in the prior calendar year.

(14) The licensee's policy regarding any guarantees, warranties, refunds or returns.

(b) The information required in subsection (a) shall be provided to the customer in written form by the pet shop operator and shall on its last page 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, and I have made a diligent effort to obtain this information.";

(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 with 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 disclosure 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.

(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. A pet shop operator that makes dogs or cats available for sale over the internet must post the same disclosures required by subsection (a) of this Section 3.15 in conjunction with the information about the individual dog or cat for sale.

(e) A pet shop operator who makes a false or misleading statement in connection with any disclosure required by subsection (a) of this Section 3.15 has committed a violation of Section 2Z of the Consumer Fraud and Deceptive Business Practices Act.

Section 10. The Consumer Fraud and Deceptive Business Practices Act is amended by changing Section 2Z as follows:

(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)

Sec. 2Z. Violations of other Acts. Any person who knowingly violates subsection (a) of Section 3.15 of the Animal Welfare Act, the Automotive Repair Act, the Automotive Collision Repair Act, the Home Repair and Remodeling Act, the Dance Studio Act, the Physical Fitness Services Act, the Hearing Instrument Consumer Protection Act, the Illinois Union Label Act, the Job Referral and Job Listing Services Consumer Protection Act, the Travel Promotion Consumer Protection Act, the Credit Services Organizations Act, the Automatic Telephone Dialers Act, the Pay-Per-Call Services Consumer Protection Act, the Telephone Solicitations Act, the Illinois Funeral or Burial Funds Act, the Cemetery Oversight Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales Act, the High Risk Home Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the Internet Caller Identification Act, paragraph (6) of subsection (k) of Section 6-305 of the Illinois Vehicle Code, Section 18d-115, 18d-120, 18d-125, 18d-135, or 18d-150 of the Illinois Vehicle Code, Article 3 of the Residential Real Property Disclosure Act, the Automatic Contract Renewal Act, or the Personal Information Protection Act commits an unlawful practice within the meaning of this Act.

(Source: P.A. 95-413, eff. 1-1-08; 95-562, eff. 7-1-08; 95-876, eff. 8-21-08; 96-863, eff. 1-19-10.)

Section 99. Effective date. This Act takes effect January 1, 2011.