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House Judiciary weighs rules for emotional support animal documentation (SB 149)
Summary
Lawmakers considered SB 149, which would set minimum documentation standards for emotional support animals (ESAs) to reduce online-certificate fraud; landlords and veteran service-dog trainers supported the bill, while Disability Rights Montana raised concerns about alignment with federal Fair Housing protections and tenant privacy.
Sponsor’s pitch and intent: Senator Denley Loge introduced SB 149 as a measure to address fraudulent online ESA certifications and provide clarity for landlords and tenants about acceptable documentation. The sponsor said the bill would not create a registry but would require a bona fide provider relationship and define who qualifies as a health care practitioner for ESA determinations.
Proponents’ testimony: John Sinnerud (Montana Landlord Association) and Didi Baker (Dog Tag Buddies, veteran service-dog trainer) supported the bill, describing renter/landlord conflicts caused by internet-sold ESA certificates and arguing for a clear standard requiring a provider relationship and specific provider types.
Opponents’ and stakeholder cautions: Kona Franks Ongoy (Disability Rights Montana) said the bill is not about service animals but raised concerns that elements of SB 149 (for example, requiring a 30-day provider relationship and Montana licensure for the provider) could conflict with the federal Fair Housing Act and could create access barriers for people relocating to Montana or students with out-of-state providers. Disability Rights Montana urged additional stakeholder work to avoid privacy and access problems.
Committee response and next steps: The sponsor indicated willingness to work on amendments addressing college towns and people who move into the state and emphasized the bill’s intent to prohibit online scams without forcing disclosure of private medical information.
