Senate moves to remove emotional‑support animals from service‑animal code after heated debate

Senate Substitute SB 173, introduced by Senator Dayton, would remove emotional support animals and psychiatric therapy animals from the statutory protections afforded to ADA‑defined service animals and tighten the definition and protections for trained service animals.

Dayton said the change responds to practical problems: businesses, dormitories and food‑service operators reported animals that do not meet service‑animal training and health standards being claimed as "emotional support" and thereby being allowed in restricted spaces. Floor materials included letters from the Food Industry Association, colleges and the state ADA director.

Senator McCoy, who sponsored the 2007 provision that originally created the emotional‑support category in state code, strongly opposed repealing the section and warned that SB 173 as drafted would remove emotional‑support animals from the code entirely. McCoy offered to work on a substitute to separate definitions and retain reasonable accommodations; other senators spoke both in favor of the bill (citing public‑safety and public‑health concerns) and against (arguing the law should be tweaked rather than repealed).

After extended debate, a recorded roll call took place and the bill was placed on the third‑reading calendar (roll call recorded in the transcript). Sponsor Dayton acknowledged concerns and said further discussion on how to re‑insert emotional‑support provisions could occur later.