Full Text of HB5772 96th General Assembly
HB5772ham002 96TH GENERAL ASSEMBLY
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Rep. Susana A. Mendoza
Filed: 3/19/2010
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| AMENDMENT TO HOUSE BILL 5772
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| AMENDMENT NO. ______. Amend House Bill 5772 by replacing | 3 |
| everything after the enacting clause with the following:
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| "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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| (225 ILCS 605/3.1) (from Ch. 8, par. 303.1)
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| 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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| information for every dog or cat available for sale:
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| (a) The age, sex, and weight of the animal.
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| (b) The breed of the animal.
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| (c) A record of vaccinations and veterinary care and | 14 |
| treatment.
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| (d) A record of surgical sterilization or lack of surgical | 16 |
| sterilization.
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| (e) The name and address of the breeder of the animal.
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| (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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| (Source: P.A. 87-819.)
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| (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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| 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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| 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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| (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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| (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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| (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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| Section 99. Effective date. This Act takes effect January | 18 |
| 1, 2011.".
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