SB1840sam001 97TH GENERAL ASSEMBLY

Sen. Linda Holmes

Filed: 3/10/2011

09700SB1840sam001 LRB097 10120 CEL 52535 a

AMENDMENT TO SENATE BILL 1840

AMENDMENT NO. ______. Amend Senate Bill 1840 by replacing everything after the enacting clause with the following:

"Section 5. The State Comptroller Act is amended by adding Section 26 as follows:

(15 ILCS 405/26 new)

Sec. 26. Helping Hand Pet Owners Care Fund. The State Comptroller may establish and administer a Comptroller's Helping Hand Pet Owners Care Fund. The purpose of the Fund is to refund certain costs to qualified veterinarians who perform spay and neuter procedures on dogs and cats brought in by low-income residents. Such low-income participants shall be limited to those whose eligible income shall be no more than 150% of the poverty level as defined by the Federal Poverty Guidelines (FPL).

The Comptroller shall reimburse qualified veterinarians for 50% of the cost of such procedure, up to $50 per procedure. The Comptroller shall adopt such rules and regulations as he or she deems necessary for the efficient administration and operation of the Helping Hand Pet Owners Care Fund and shall expend no more than 10% of funds received on administration of the program. The Comptroller shall conduct regular audits of pet shops to determine their compliance under item (e) of Section 3.15 of the Animal Welfare Act.

The Comptroller, in administering the Helping Hand Pet Owners Care Fund, may receive such funds paid into it according to the Animal Welfare Act.

Section 10. The State Finance Act is amended by adding Section 5.786 as follows:

(30 ILCS 105/5.786 new)

Sec. 5.786. The Helping Hand Pet Owners Care Fund.

Section 15. The Animal Welfare Act is amended by changing Section 3.15 as follows:

(225 ILCS 605/3.15)

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.

(e) A pet shop shall collect $15 for each dog or cat sold. The money shall be sent quarterly to the Illinois Comptroller and be deposited in the Helping Hand Pet Owners Care Fund. The Comptroller shall distribute the proceeds of this fee to qualified veterinarians who perform spay and neuter procedures on dogs and cats brought in by low-income residents.

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