Montana committee advances bill tightening documentation for emotional support animals

Senate Judiciary advanced SB149 on a 6-3 roll-call vote after amending it to require that the healthcare practitioner who provides documentation for an emotional support animal be licensed to practice in Montana.

Senator Logi, sponsor of SB149, told the committee the bill is intended to "tighten that framework" so landlords and tenants are protected from online scams that sell ESA letters. "This bill is not about restricting access to emotional support animals if it's really needed," he said, adding the measure targets fraudulent online registries.

Supporters described real-world problems that prompted the bill. "I paid $89. I got a call two days later... Absolutely no other questions," said Dee Dee Baker, executive director of Dog Tag Buddies, recounting a purchase she made from an online ESA vendor to demonstrate how easy it is to obtain a certificate without clinical evaluation. John Sinrude of the Montana Landlord Association urged the committee to adopt the amendment requiring the practitioner to be licensed in Montana so landlords can rely on documentation that meets state rules.

Opponents, including Kona Franks Ongoy of Disability Rights Montana, warned the amendment and bill risk conflicting with the federal Fair Housing Act and could impose arbitrary barriers. "The 30 days at which someone needs to have established care with a healthcare provider... is an arbitrary date," Franks Ongoy said, arguing that telehealth and out-of-state care are common mechanisms for obtaining necessary care, especially in rural parts of the state.

Committee members pressed both sides on how the bill would treat students, telehealth patients and out-of-state providers. Committee questioning clarified that emotional support animals are covered under the Fair Housing Act for housing access but do not fall under the Americans with Disabilities Act for public access. Sponsor Logi and proponent witnesses emphasized the amendment is intended to reduce exploitation of online registries by ensuring the named provider is subject to Montana licensure and professional oversight.

The committee adopted the amendment in committee and then voted to pass SB149 as amended. The motion passed on roll call with six senators voting yes and three voting no. The bill now advances from Senate Judiciary with the committee's do-pass recommendation.

What's next: SB149 proceeds to the next floor step in the Legislature with the committee amendment requiring named practitioners to hold Montana licensure. The bill's opponents asked the Legislature to consider alternative remedies targeting online fraud; supporters said state licensure will curb the worst abuses while preserving access for legitimate patients.