Rep. Susana A. Mendoza
Filed: 3/19/2010
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1 | AMENDMENT TO HOUSE BILL 5772
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2 | AMENDMENT NO. ______. Amend House Bill 5772 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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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1 | (e) The name and address of the breeder of the animal.
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2 | (f) The name and address of any other person who owned or | ||||||
3 | harbored the
animal between its birth and the point of sale.
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4 | (Source: P.A. 87-819.)
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5 | (225 ILCS 605/3.5 new) | ||||||
6 | Sec. 3.5. Information on dogs and cats available for | ||||||
7 | adoption by an animal shelter or animal control facility. | ||||||
8 | (a) An animal shelter or animal control facility must | ||||||
9 | provide to the adopter prior to the time of adoption the | ||||||
10 | following information, to the best of its knowledge, on any dog | ||||||
11 | or cat being offered for adoption: | ||||||
12 | (1) The breed, age, date of birth, sex, and color of | ||||||
13 | the dog or cat if known, or if unknown, the animal shelter | ||||||
14 | or animal control facility shall estimate to the best of | ||||||
15 | its ability. | ||||||
16 | (2) The details of any inoculation or medical treatment | ||||||
17 | that the dog or cat received while under the possession of | ||||||
18 | the animal shelter or animal control facility. This | ||||||
19 | information shall be updated at least once every 7 days. | ||||||
20 | (3) The adoption fee and any additional fees or | ||||||
21 | charges. | ||||||
22 | (4) If the dog or cat was returned by an adopter, then | ||||||
23 | the date and reason for the return. | ||||||
24 | (5) Any known citations or fines issued to the animal | ||||||
25 | shelter or animal control facility within the previous 5 |
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1 | years by the Illinois Department of Agriculture, or other | ||||||
2 | regulatory or governmental agency relating to the health or | ||||||
3 | welfare of dogs or cats held or placed for adoption by an | ||||||
4 | animal shelter or animal control facility. | ||||||
5 | (6) The policy of the animal shelter or animal control | ||||||
6 | facility regarding any returns of the adopted dog or cat, | ||||||
7 | warranties, guarantees, or any other policy related to the | ||||||
8 | adopted dog or cat. | ||||||
9 | (7) The license number of the animal shelter or animal | ||||||
10 | control facility issued by the Illinois Department of | ||||||
11 | Agriculture. | ||||||
12 | (b) The information required in subsection (a) shall be | ||||||
13 | provided to the adopter in written form by the animal shelter | ||||||
14 | or animal control facility and shall on its last page have an | ||||||
15 | acknowledgement of disclosures form, which must be signed by | ||||||
16 | the adopter and an authorized representative of the animal | ||||||
17 | shelter or animal control facility at the time of the adoption. | ||||||
18 | The acknowledgement of disclosures form shall include the | ||||||
19 | following: | ||||||
20 | (1) A blank space for the dated signature and printed | ||||||
21 | name of the authorized representative handling the | ||||||
22 | adoption on behalf of the animal shelter or animal control | ||||||
23 | facility, which shall be immediately beneath the following | ||||||
24 | printed statement: "I hereby attest that all of the above | ||||||
25 | information is true and correct to the best of my | ||||||
26 | knowledge, and I have made a diligent effort to obtain this |
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1 | information.". | ||||||
2 | (2) A blank space for the dated signature and printed | ||||||
3 | name of the adopter, which shall be immediately beneath the | ||||||
4 | following statement: "I hereby attest that this disclosure | ||||||
5 | was posted with the dog or cat for adoption and that I have | ||||||
6 | read all the disclosures. I further understand that I am | ||||||
7 | entitled to keep a signed copy of this disclosure.". | ||||||
8 | (c) A copy of the disclosures and the signed | ||||||
9 | acknowledgement of disclosure form shall be provided to the | ||||||
10 | adopter and the original copy shall be maintained by the animal | ||||||
11 | shelter or animal control facility for a period of 2 years from | ||||||
12 | the date of adoption. | ||||||
13 | (d) An animal shelter or animal control facility shall post | ||||||
14 | in a conspicuous place in writing on or near the cage of any | ||||||
15 | dog or cat available for adoption the information required by | ||||||
16 | subsection (a) of this Section 3.5. | ||||||
17 | (225 ILCS 605/3.15 new) | ||||||
18 | Sec. 3.15. Disclosures for dogs and cats being sold by pet | ||||||
19 | shops. | ||||||
20 | (a) Prior to the time of sale, every pet shop operator | ||||||
21 | must, to the best of his or her knowledge, provide to the | ||||||
22 | consumer the following information on any dog or cat being | ||||||
23 | offered for sale: | ||||||
24 | (1) The retail price of the dog or cat, including any | ||||||
25 | additional fees or charges. |
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1 | (2) The breed, age, date of birth, sex, and color of | ||||||
2 | the dog or cat. | ||||||
3 | (3) The details of any inoculation or medical treatment | ||||||
4 | that the dog or cat received while under the possession of | ||||||
5 | the pet shop operator. This information shall be updated at | ||||||
6 | least once every 7 days. | ||||||
7 | (4) The name and business address of both the dog or | ||||||
8 | cat breeder and the facility where the dog or cat was born. | ||||||
9 | If the dog or cat breeder is located in the State, then the | ||||||
10 | breeder's license number. If the dog or cat breeder also | ||||||
11 | holds a license issued by the United States Department of | ||||||
12 | Agriculture, the breeder's federal identification number. | ||||||
13 | (5) Any known citations or fines issued to the pet | ||||||
14 | store operator within the previous 5 years by the Illinois | ||||||
15 | Department of Agriculture, or other regulatory or | ||||||
16 | governmental agency relating to the health or welfare of | ||||||
17 | dogs or cats owned or possessed by the pet store operator. | ||||||
18 | (6) Any known citations or fines issued to the breeder, | ||||||
19 | during the 5 years prior to the pet shop operator taking | ||||||
20 | possession of the dog or cat, by the USDA, respective state | ||||||
21 | Department of Agriculture, or other regulatory or | ||||||
22 | governmental agency relating to the health or welfare of | ||||||
23 | the dogs or cats owned or bred by that breeder. The pet | ||||||
24 | shop operator shall not be responsible for updating | ||||||
25 | information provided pursuant to this item (7) after the | ||||||
26 | initial disclosure to a consumer. |
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1 | (7) Any known congenital or hereditary diseases of the | ||||||
2 | parents of the dog or cat, or the parents' other offspring. | ||||||
3 | (8) If eligible for registration with a pedigree | ||||||
4 | registry, then the name and registration numbers of the | ||||||
5 | sire and dam and the address of the pedigree registry where | ||||||
6 | the sire and dam are registered. | ||||||
7 | (9) If the dog or cat was returned by a customer, then | ||||||
8 | the date and reason for the return. | ||||||
9 | (10) The total number of puppies or kittens that were | ||||||
10 | born at the breeder's facility in the prior calendar year. | ||||||
11 | (11) The licensee's policy regarding any guarantees, | ||||||
12 | warranties, refunds or returns. | ||||||
13 | (12) The pet shop operator's license number issued by | ||||||
14 | the Illinois Department of Agriculture. | ||||||
15 | (b) The information required in subsection (a) shall be | ||||||
16 | provided to the customer in written form by the pet shop | ||||||
17 | operator and shall on its last page have an acknowledgement of | ||||||
18 | disclosures form, which must be signed by the customer and the | ||||||
19 | pet shop operator at the time of sale. The acknowledgement of | ||||||
20 | disclosures form shall include the following: | ||||||
21 | (1) A blank space for the dated signature and printed | ||||||
22 | name of the pet shop operator, which shall be immediately | ||||||
23 | beneath the following statement: "I hereby attest that all | ||||||
24 | of the above information is true and correct to the best of | ||||||
25 | my knowledge, and I have made a diligent effort to obtain | ||||||
26 | this information."; |
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1 | (2) A blank space for the customer to sign and print | ||||||
2 | his or her name and the date, which shall be immediately | ||||||
3 | beneath the following statement: "I hereby attest that this | ||||||
4 | disclosure was posted with the dog or cat for sale and that | ||||||
5 | I have read all of the disclosures. I further understand | ||||||
6 | that I am entitled to keep a signed copy of this | ||||||
7 | disclosure." | ||||||
8 | (c) A copy of the disclosures and the signed | ||||||
9 | acknowledgement of disclosure form shall be provided to the | ||||||
10 | customer at the time of sale and the original copy shall be | ||||||
11 | maintained by the pet shop operator for a period of 2 years | ||||||
12 | from the date of sale. | ||||||
13 | (d) A pet shop operator shall post in a conspicuous place | ||||||
14 | in writing on or near the cage of any dog or cat available for | ||||||
15 | sale the information required by subsection (a) of this Section | ||||||
16 | 3.15.
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17 | Section 99. Effective date. This Act takes effect January | ||||||
18 | 1, 2011.".
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