Senate committee advances bill to keep private pool rentals outside public-pool rules

The Senate Veterans, Military Affairs & Public Protection Committee voted unanimously to advance Senate Bill 61, which sponsors say would expand the definition of private swimming pools to include those rented through online platforms such as Swimply.

The bill’s sponsor, Senator Craig Richardson (Senator, Third District), told the committee the measure is meant to protect private property rights after recent enforcement actions by the Department of Public Health. "This is a private property rights bill, specifically, protecting the private use of swimming pools for those private landowners," Richardson said. He said the Department of Public Health has sued homeowners in Franklin Circuit Court for listing residential pools on a platform called Swimply and is seeking injunctions that would treat those pools as public recreation facilities.

The bill would expand a post-2024 statutory framework that Richardson described as creating defined class A and class B swimming pools; he said the new language would make clear that a homeowner who accepts payment through an online portal remains a private pool owner and not the operator of a public pool. Richardson called the change “a simple bill” and framed it as a fix to recent enforcement actions.

Committee members asked about secondary impacts of allowing private pool rentals. "What about the parking?" Senator Boswell asked, citing a hypothetical example in which a rental could draw large numbers of vehicles into a residential neighborhood. Richardson and other senators said the bill does not address parking or homeowner association rules. Senator Berg raised liability concerns for owners who might rent their pools; Sen. Berg asked whether a homeowner who rents a pool has an obligation to ensure the pool is safe.

A representative for Swimply, Cameron Kilberg (attorney for Swimply.com), joined by Zoom and answered insurance questions. Kilberg said homeowners have liability exposure under homeowners insurance and that platforms and third-party providers offer additional coverage options: "Every homeowner has homeowners insurance. So whether someone's entered in your pool or trips on a step you do have some liability and you have to keep your property safe. ... We actually partner with a company called Proper, insurance, and they do cover home amenity and short term rentals and other long term rentals. So you have those options. And then companies like Swimply or Airbnb all have their own, you know, backstop. So we have the Swimply guarantee. Airbnb has their product line."

A motion to advance the bill was made and seconded; the committee then conducted a voice/roll call vote. Senators who recorded votes on the transcript and their votes: Cinder Berg — aye; Senator Boswell — aye; Senator Higdon — aye; Senator Nunn — aye; Senator Reid — aye; Senator Craig Richardson — aye; Senator Tichenor — aye; Senator Wilson — yes; Senator Yates — aye; Chair Deneen — aye. The committee chair called the vote "unanimous, ayes" and declared the bill would move forward to the floor.

The committee did not adopt any amendments on the record during this meeting. The motion and second were not recorded with mover/second names or exact motion language in the transcript; sponsor and supporters characterized the measure as a narrow statutory clarification limited to definitions and not new regulation of parking or insurance.

At the end of the meeting the chair announced a separate item: Military Kids Day on Tuesday, Feb. 25, and directed people with questions to Senate Clerk Donna Holliday.

What happens next: SB61 will be scheduled for consideration on the Senate floor. The committee record shows the committee’s favorable report; the bill text, any amendments, and floor scheduling were not specified in the transcript.