The definition as written before the 2015 Session;
“Private Animal Shelter” means a facility that is used to house or contain animals and that is owned or operated by an incorporated, nonprofit, and nongovernmental entity, including a humane society, animal welfare organization, society for the prevention of cruelty to animals or other organization operating for the purpose of finding permanent adoptive homes for animals.

The definition as changed (SB1381) in the 2015 Session:
“Private Animal Shelter” means a facility operated for the purpose of finding permanent adoptive homes for animals that is used to house or contain animals and that is owned or operated by an incorporated, nonprofit, and nongovernmental entity, including a humane society, animal welfare organization, society for the prevention of cruelty to animals or other similar organization.

The shift in language between the 2 versions had no effect to expand or restrain the operations within private animal shelters. The legislative intent was to emphasize the point that these facilities should have the “purpose” of finding adoptive homes. Because “purpose” is a very vague term without definition, it does not require any accountability standard. Plainly, no shelter was any more restricted from euthanizing animals after last years’ act than before. As clearly stated in the House Agriculture Comm., the legislature merely voiced their intent that shelters would exercise all options of adoption available prior to euthanization.
After the changes of last session, there were efforts within the VDACS by the use of a “Guidance Document” to interpret the legislative changes. Although this document was never approved or implemented, because of its distribution subsequent to a FOIA request, it created much concern and confusion among stakeholders. The purpose of HB340 is to clarify that there was no substantive change to the previous definition and providing the code situs where restrictions and requirements are addressed. This bill makes no change to the legislative intent of shelter finding adoptive homes for all animals possible.