Sen. Jeffrey M. Schoenberg
Filed: 4/29/2010
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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. | ||||||
19 | (3) The adoption fee and any additional fees or | ||||||
20 | charges. | ||||||
21 | (4) If the dog or cat was returned by an adopter, then | ||||||
22 | the date and reason for the return. | ||||||
23 | (5) The following written statement: "A copy of our | ||||||
24 | policy regarding warranties, refunds, or returns is | ||||||
25 | available upon request.". |
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1 | (6) The license number of the animal shelter or animal | ||||||
2 | control facility issued by the Illinois Department of | ||||||
3 | Agriculture. | ||||||
4 | (b) The information required in subsection (a) shall be | ||||||
5 | provided to the adopter in written form by the animal shelter | ||||||
6 | or animal control facility and shall have an acknowledgement of | ||||||
7 | disclosures form, which must be signed by the adopter and an | ||||||
8 | authorized representative of the animal shelter or animal | ||||||
9 | control facility at the time of the adoption. The | ||||||
10 | acknowledgement of disclosures form shall include the | ||||||
11 | following: | ||||||
12 | (1) A blank space for the dated signature and printed | ||||||
13 | name of the authorized representative handling the | ||||||
14 | adoption on behalf of the animal shelter or animal control | ||||||
15 | facility, which shall be immediately beneath the following | ||||||
16 | printed statement: "I hereby attest that all of the above | ||||||
17 | information is true and correct to the best of my | ||||||
18 | knowledge.". | ||||||
19 | (2) A blank space for the dated signature and printed | ||||||
20 | name of the adopter, which shall be immediately beneath the | ||||||
21 | following statement: "I hereby attest that this disclosure | ||||||
22 | was posted on or near the cage of the dog or cat for | ||||||
23 | adoption and that I have read all the disclosures. I | ||||||
24 | further understand that I am entitled to keep a signed copy | ||||||
25 | of this disclosure.". | ||||||
26 | (c) A copy of the disclosures and the signed |
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1 | acknowledgement of disclosures form shall be provided to the | ||||||
2 | adopter and the original copy shall be maintained by the animal | ||||||
3 | shelter or animal control facility for a period of 2 years from | ||||||
4 | the date of adoption. A copy of the animal shelter's or animal | ||||||
5 | control facility's policy regarding warranties, refunds, or | ||||||
6 | returns shall be provided to the adopter. | ||||||
7 | (d) An animal shelter or animal control facility shall post | ||||||
8 | in a conspicuous place in writing on or near the cage of any | ||||||
9 | dog or cat available for adoption the information required by | ||||||
10 | subsection (a) of this Section 3.5. | ||||||
11 | (225 ILCS 605/3.15 new) | ||||||
12 | Sec. 3.15. Disclosures for dogs and cats being sold by pet | ||||||
13 | shops. | ||||||
14 | (a) Prior to the time of sale, every pet shop operator | ||||||
15 | must, to the best of his or her knowledge, provide to the | ||||||
16 | consumer the following information on any dog or cat being | ||||||
17 | offered for sale: | ||||||
18 | (1) The retail price of the dog or cat, including any | ||||||
19 | additional fees or charges. | ||||||
20 | (2) The breed, age, date of birth, sex, and color of | ||||||
21 | the dog or cat. | ||||||
22 | (3) The details of any inoculation or medical treatment | ||||||
23 | that the dog or cat received while under the possession of | ||||||
24 | the pet shop operator. | ||||||
25 | (4) The name and business address of both the dog or |
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1 | cat breeder and the facility where the dog or cat was born. | ||||||
2 | If the dog or cat breeder is located in the State, then the | ||||||
3 | breeder's license number. If the dog or cat breeder also | ||||||
4 | holds a license issued by the United States Department of | ||||||
5 | Agriculture, the breeder's federal identification number. | ||||||
6 | (5) Any known congenital or hereditary diseases of the | ||||||
7 | parents of the dog or cat, or the parents' other offspring. | ||||||
8 | (6) If eligible for registration with a pedigree | ||||||
9 | registry, then the name and registration numbers of the | ||||||
10 | sire and dam and the address of the pedigree registry where | ||||||
11 | the sire and dam are registered. | ||||||
12 | (7) If the dog or cat was returned by a customer, then | ||||||
13 | the date and reason for the return. | ||||||
14 | (8) The following written statement: "A copy of our | ||||||
15 | policy regarding warranties, refunds, or returns is | ||||||
16 | available upon request.". | ||||||
17 | (9) The pet shop operator's license number issued by | ||||||
18 | the Illinois Department of Agriculture. | ||||||
19 | (b) The information required in subsection (a) shall be | ||||||
20 | provided to the customer in written form by the pet shop | ||||||
21 | operator and shall have an acknowledgement of disclosures form, | ||||||
22 | which must be signed by the customer and the pet shop operator | ||||||
23 | at the time of sale. The acknowledgement of disclosures form | ||||||
24 | shall include the following: | ||||||
25 | (1) A blank space for the dated signature and printed | ||||||
26 | name of the pet shop operator, which shall be immediately |
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1 | beneath the following statement: "I hereby attest that all | ||||||
2 | of the above information is true and correct to the best of | ||||||
3 | my knowledge.". | ||||||
4 | (2) A blank space for the customer to sign and print | ||||||
5 | his or her name and the date, which shall be immediately | ||||||
6 | beneath the following statement: "I hereby attest that this | ||||||
7 | disclosure was posted on or near the cage of the dog or cat | ||||||
8 | for sale and that I have read all of the disclosures. I | ||||||
9 | further understand that I am entitled to keep a signed copy | ||||||
10 | of this disclosure.". | ||||||
11 | (c) A copy of the disclosures and the signed | ||||||
12 | acknowledgement of disclosures form shall be provided to the | ||||||
13 | customer at the time of sale and the original copy shall be | ||||||
14 | maintained by the pet shop operator for a period of 2 years | ||||||
15 | from the date of sale. A copy of the pet store operator's | ||||||
16 | policy regarding warranties, refunds, or returns shall be | ||||||
17 | provided to the customer. | ||||||
18 | (d) A pet shop operator shall post in a conspicuous place | ||||||
19 | in writing on or near the cage of any dog or cat available for | ||||||
20 | sale the information required by subsection (a) of this Section | ||||||
21 | 3.15.
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22 | Section 99. Effective date. This Act takes effect January | ||||||
23 | 1, 2011.".
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