EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0132*
SENATE BILL 132
C2, Q8, E1 5lr1201
(PRE–FILED) CF HB 87
By: Senator Feldman
Requested: October 15, 2024
Introduced and read first time: January 8, 2025
Assigned to: Education, Energy, and the Environment and Budget and Taxation
A BILL ENTITLED
AN ACT concerning 1
Short–Term Rentals and Home Amenity Rentals – Taxation, Regulation, and 2
Crimes 3
FOR the purpose of applying certain health and safety requirements to short–term rental 4
units and home amenities; prohibiting a person from conducting visual surveillance 5
with prurient intent of an individual located in a home amenity or short–term rental 6
without the consent of the individual; prohibiting a person from obstructing or 7
hindering the free passage or disturbing the peace of another in a home amenity or 8
short–term rental unit; authorizing the Mayor and City Council of Baltimore City or 9
the governing body of a county to adopt rules or regulations, by resolution or 10
ordinance, relating to high–intensity use of short–term rentals located in certain 11
areas; requiring owners of short–term rental units or home amenities to submit, on 12
or before a certain date each year, a certain report to the Comptroller; including 13
“short–term rental platform” and “short–term rental unit” in the definition of “hotel” 14
for the purpose of the county and municipal corporation hotel rental tax; and 15
generally relating to short–term rentals and home amenity rentals. 16
BY adding to 17
Article – Business Regulation 18
Section 15–301 through 15–304 to be under the new subtitle “Subtitle 3. Short–Term 19
Rentals and Home Amenity Rentals” 20
Annotated Code of Maryland 21
(2024 Replacement Volume) 22
BY repealing and reenacting, with amendments, 23
Article – Criminal Law 24
Section 3–902(a) and 10–201(a) 25
Annotated Code of Maryland 26
(2021 Replacement Volume and 2024 Supplement) 27
2 SENATE BILL 132
BY repealing and reenacting, without amendments, 1
Article – Criminal Law 2
Section 3–902(c) and 10–201(c)(1) and (5) 3
Annotated Code of Maryland 4
(2021 Replacement Volume and 2024 Supplement) 5
BY repealing and reenacting, with amendments, 6
Article – Local Government 7
Section 20–401 8
Annotated Code of Maryland 9
(2013 Volume and 2024 Supplement) 10
SECTION 1. BE IT ENACTED BY THE GENER AL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – Business Regulation 13
SUBTITLE 3. SHORT–TERM RENTALS AND HOME AMENITY RENTALS. 14
15–301. 15
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 16
INDICATED. 17
(B) “HOME AMENITY ” HAS THE MEANING STAT ED IN § 11–101 OF THE 18
TAX – GENERAL ARTICLE. 19
(C) “HOME AMENITY RENTAL ” HAS THE MEANING STAT ED IN § 11–101 OF 20
THE TAX – GENERAL ARTICLE. 21
(D) (1) “RENTAL INTERMEDIARY ” MEANS A PERSON , OTHER THAN THE 22
OWNER, WHO FACILITA TES THE SALE OR USE OF A SHORT–TERM RENTAL UNIT OR 23
HOME AMENITY AND CHA RGES A BUYER THE TAX ABLE PRICE FOR THE S HORT–TERM 24
RENTAL OR HOME AMENI TY RENTAL. 25
(2) FOR PURPOSES OF THIS SUBTITLE, A PERSON SHALL BE 26
CONSIDERED TO FACILI TATE THE SALE OR USE OF A SHORT–TERM RENTAL UNIT OR 27
HOME AMENITY IF THE PERSON BROKERS , COORDINATES , OR IN ANY OTHER WAY 28
ARRANGES FOR THE SAL E OR USE OF A SHORT –TERM RENTAL UNIT OR HOME 29
AMENITY BY A BUYER . 30
(E) “SHORT–TERM RENTAL ” HAS THE MEANING STAT ED IN § 11–101 OF THE 31
TAX – GENERAL ARTICLE. 32
SENATE BILL 132 3
(F) “SHORT–TERM RENTAL UNIT ” HAS THE MEANING STAT ED IN § 11–101 1
OF THE TAX – GENERAL ARTICLE. 2
15–302. 3
(A) A SHORT–TERM RENTAL UNIT OR HOME AMENITY IS : 4
(1) SUBJECT TO THE HEALT H AND SAFETY REQUIRE MENTS THAT ARE 5
ESTABLISHED UNDER TITLE 9, SUBTITLE 5 OF THE PUBLIC SAFETY ARTICLE 6
(EVACUATION PROCEDURES IN CASE OF FIRE); 7
(2) A PROPERTY OR A PORT ION OF A PROPERTY IN WHICH A PRIVATE 8
PLACE MAY BE LOCATED FOR PURPOSES OF § 3–902 OF THE CRIMINAL LAW 9
ARTICLE (VISUAL SURVEILLANCE W ITH PRURIENT INTENT); AND 10
(3) A PUBLIC PLACE FOR P URPOSES OF § 10–201 OF THE CRIMINAL 11
LAW ARTICLE (DISTURBING THE PUBLIC PEACE AND DISORDERLY CONDUCT). 12
(B) IN ADDITION TO COMPLY ING WITH THE REQUIRE MENTS OF SUBSECTION 13
(A) OF THIS SECTION, A SHORT–TERM RENTAL UNIT O R HOME AMENITY SHALL BE IN 14
COMPLIANCE WITH THE HEALTH AND SAFETY PR OVISIONS THAT THE CO UNTY AND 15
MUNICIPAL CORPORATIO N IMPOSE ON HOTELS O R SIMILAR AMENITIES LOCATED IN 16
THE SAME JURISDICTIO N. 17
(C) THE RENTAL INTERMEDIA RY SHALL PROVIDE THE OWNER OF THE 18
SHORT–TERM RENTAL UNIT OR HOME AMENITY WITH TH E NECESSARY FUNDS TO 19
COMPLY WITH THE REQU IREMENTS OF THIS SEC TION. 20
15–303. 21
THE MAYOR AND CITY COUNCIL OF BALTIMORE CITY OR THE GOVERNING 22
BODY OF A COUNTY OR MUNICIPAL CORPORATIO N MAY ADOPT RULES OR 23
REGULATIONS , BY RESOLUTION OR ORDI NANCE, RELATING TO HIGH –INTENSITY USE 24
OF SHORT–TERM RENTALS IN AREA S LACKING AN ADEQUAT E SUPPLY OF 25
AFFORDABLE HOUSING , INCLUDING A RULE OR REGULATION THAT DEFI NES A 26
HIGH–INTENSITY USE OF SHO RT–TERM RENTALS BASED O N: 27
(1) THE NUMBER O F NIGHTS BOOKED ; 28
(2) INFRASTRUCTURE CONST RAINTS IN THE AREA S URROUNDING 29
THE SHORT–TERM RENTAL UNITS ; 30
4 SENATE BILL 132
(3) WHETHER THE SHORT –TERM RENTAL UNITS AR E 1
OWNER–OCCUPIED; 2
(4) CRITERIA TO IDENTIFY AREAS LACKING AN ADE QUATE SUPPLY OF 3
AFFORDABLE HOUSING ; AND 4
(5) ANY OTHER CRITERIA R ELATING TO SHORT –TERM RENTALS . 5
15–304. 6
(A) ON OR BEFORE JANUARY 1 EACH YEAR , EACH OWNER OF A 7
SHORT–TERM RENTAL UNIT OR HOME AMENITY SHALL R EPORT TO THE 8
COMPTROLLER , FOR EACH MONTH OF TH E PRIOR CALENDAR YEA R: 9
(1) THE NUMBER OF NIGHTS EACH SHORT –TERM RENTAL UNIT IS 10
RENTED; AND 11
(2) THE NUMBER OF TIMES EACH HOME AMENITY IS RENTED. 12
(B) THE COMPTROLLER SHALL DEV ELOP A FORM FOR THE ANNUAL 13
REPORTING REQUIRED U NDER SUBSECTION (A) OF THIS SECTION AND POST THE 14
FORM ON THE COMPTROLLER ’S WEBSITE. 15
Article – Criminal Law 16
3–902. 17
(a) (1) In this section the following words have the meanings indicated. 18
(2) “Camera” includes any electronic device that can be used 19
surreptitiously to observe an individual. 20
(3) “Female breast” means a portion of the female breast below the top of 21
the areola. 22
(4) “HOME AMENITY ” HAS THE MEANING STAT ED IN § 11–101 OF THE 23
TAX – GENERAL ARTICLE. 24
(5) “Private area of an individual” means the naked or undergarment–clad 25
genitals, pubic area, buttocks, or female breast of an individual. 26
[(5)] (6) (i) “Private place” means a room in which a person can 27
reasonably be expected to fully or partially disrobe and has a reasonable expectation of 28
privacy, in: 29
SENATE BILL 132 5
1. an office, business, or store; 1
2. a recreational facility; 2
3. a restaurant or tavern; 3
4. a hotel, motel, or other lodging facility; 4
5. a theater or sports arena; 5
6. a school or other educational institution; 6
7. a bank or other financial institution; 7
8. any part of a family child care home used for the care and 8
custody of a child; [or] 9
9. A HOME AMENITY OR SH ORT–TERM RENTAL UNIT ; OR 10
10. another place of public use or accommodation. 11
(ii) “Private place” includes a tanning room, dressing room, bedroom, 12
or restroom. 13
(7) “SHORT–TERM RENTAL UNIT ” HAS THE MEANING STAT ED IN § 14
11–101 OF THE TAX – GENERAL ARTICLE. 15
[(6)] (8) (i) “Visual surveillance” means the deliberate, surreptitious 16
observation of an individual by any means. 17
(ii) “Visual surveillance” includes surveillance by: 18
1. direct sight; 19
2. the use of mirrors; or 20
3. the use of cameras. 21
(iii) “Visual surveillance” does not include a casual, momentary, or 22
unintentional observation of an individual. 23
(c) A person may not with prurient intent conduct or procure another to conduct 24
visual surveillance of: 25
(1) an individual in a private place without the consent of that individual; 26
or 27 6 SENATE BILL 132
(2) the private area of an individual by use of a camera without the consent 1
of the individual under circumstances in which a reasonable person would believe that the 2
private area of the individual would not be visible to the public, regardless of whether the 3
individual is in a public or private place. 4
10–201. 5
(a) (1) In this section the following words have the meanings indicated. 6
(2) “HOME AMENITY ” HAS THE MEANING STAT ED IN § 11–101 OF THE 7
TAX – GENERAL ARTICLE. 8
(3) (i) “Public conveyance” means a conveyance to which the public or a 9
portion of the public has access to and a right to use for transportation. 10
(ii) “Public conveyance” includes an airplane, vessel, bus, railway 11
car, school vehicle, and subway car. 12
[(3)] (4) (i) “Public place” means a place to which the public or a 13
portion of the public has access and a right to resort for business, dwelling, entertainment, 14
or other lawful purpose. 15
(ii) “Public place” includes: 16
1. a restaurant, shop, shopping center, store, tavern, or other 17
place of business; 18
2. a public building; 19
3. a public parking lot; 20
4. a public street, sidewalk, or right–of–way; 21
5. a public park or other public grounds; 22
6. the common areas of a building containing four or more 23
separate dwelling units, including a corridor, elevator, lobby, and stairwell; 24
7. a hotel or motel; 25
8. a place used for public resort or amusement, including an 26
amusement park, golf course, race track, sports arena, swimming pool, and theater; 27
9. an institution of elementary, secondary, or higher 28
education; 29
SENATE BILL 132 7
10. a place of public worship; 1
11. a place or building used for entering or exiting a public 2
conveyance, including an airport terminal, bus station, dock, railway station, subway 3
station, and wharf; [and] 4
12. A HOME AMENITY OR SH ORT–TERM RENTAL UNIT ; 5
AND 6
13. the parking areas, sidewalks, and other grounds and 7
structures that are part of a public place. 8
(5) “SHORT–TERM RENTAL UNIT ” HAS THE MEANING STAT ED IN § 9
11–101 OF THE TAX – GENERAL ARTICLE. 10
(c) (1) A person may not willfully and without lawful purpose obstruct or 11
hinder the free passage of another in a public place or on a public conveyance. 12
(5) A person from any location may not, by making an unreasonably loud 13
noise, willfully disturb the peace of another: 14
(i) on the other’s land or premises; 15
(ii) in a public place; or 16
(iii) on a public conveyance. 17
Article – Local Government 18
20–401. 19
(a) In this part the following words have the meanings indicated. 20
(b) (1) “Hotel” means: 21
(I) an establishment that offers sleeping accommodations for 22
compensation; OR 23
(II) A SHORT–TERM RENTAL PLATFORM . 24
(2) “Hotel” includes: 25
(i) an apartment; 26
(ii) a cottage; 27
8 SENATE BILL 132
(iii) a hostelry; 1
(iv) an inn; 2
(v) a motel; 3
(vi) a rooming house; 4
(VII) A SHORT–TERM RENTAL UNIT ; or 5
[(vii)] (VIII) a tourist home. 6
(c) “Hotel rental tax” means the tax on a transient charge. 7
(D) “SHORT–TERM RENTAL PLATFORM ” HAS THE MEANING STAT ED IN § 8
11–101 OF THE TAX – GENERAL ARTICLE. 9
(E) “SHORT–TERM RENTAL UNIT ” HAS THE MEANING STAT ED IN § 11–101 10
OF THE TAX – GENERAL ARTICLE. 11
[(d)] (F) (1) (i) Except as provided in subparagraphs (ii), (iii), and (iv) of 12
this paragraph, “transient charge” means a hotel charge for sleeping accommodations for a 13
period not exceeding 4 consecutive months. 14
(ii) In Carroll County, “transient charge” means a hotel charge for 15
sleeping accommodations for a period not exceeding 25 days. 16
(iii) In Frederick County, “transient charge” means a hotel charge for 17
sleeping accommodations for a period not exceeding 90 days. 18
(iv) In Garrett County and Washington County, “transient charge” 19
means a hotel charge for sleeping accommodations for a period not exceeding 30 days. 20
(2) “Transient charge” does not include any hotel charge for: 21
(i) services; or 22
(ii) accommodations other than sleeping accommodations. 23
[(e)] (G) “Western Maryland code county” means a code county in the Western 24
Maryland class as established under § 9–302 of this article. 25
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 26
1, 2025. 27