EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *sb0540* SENATE BILL 540 N1 5lr1870 CF 5lr1156 By: Senators Charles, M. Washington, Muse, and Ellis Introduced and read first time: January 23, 2025 Assigned to: Judicial Proceedings A BILL ENTITLED AN ACT concerning 1 Common Ownership Communities – Recreational Common Areas – Sensitive 2 Information as Condition for Access 3 FOR the purpose of prohibiting a cooperative housing corporation, condominium 4 association, or homeowners association from requiring certain sensitive information 5 of certain individuals as a condition for access to a shared recreational area; and 6 generally relating to recreational common areas of cooperative housing corporations, 7 condominiums, and homeowners associations. 8 BY adding to 9 Article – Corporations and Associations 10 Section 5–6B–23.2 11 Annotated Code of Maryland 12 (2014 Replacement Volume and 2024 Supplement) 13 BY adding to 14 Article – Real Property 15 Section 11–108.2 and 11B–111.11 16 Annotated Code of Maryland 17 (2023 Replacement Volume and 2024 Supplement) 18 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19 That the Laws of Maryland read as follows: 20 Article – Corporations and Associations 21 5–6B–23.2. 22 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 23 INDICATED. 24 2 SENATE BILL 540 (2) “COMMON AREA ” MEANS ANY AREA IN A COOPERATIVE PROJECT 1 IN WHICH MEMBERS HAV E A POSSESSORY INTER EST IN COMMON . 2 (3) (I) “SENSITIVE INFORMATION ” MEANS AN INDIVIDUAL ’S: 3 1. SOCIAL SECURITY CARD OR SOCIAL SECURITY 4 NUMBER; 5 2. INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER; 6 3. BIRTH CERTIFICATE ; 7 4. RACIAL OR ETHNIC ORIG IN; 8 5. NATIONAL ORIGIN ; 9 6. CITIZENSHIP OR IMMIGR ATION STATUS; OR 10 7. RELIGIOUS OR PHILOSOP HICAL BELIEFS. 11 (II) “SENSITIVE INFORMATION ” DOES NOT INCLUDE AN 12 INDIVIDUAL’S GOVERNMENT –ISSUED PHOTO IDENTIF ICATION, SUCH AS A DRIVER ’S 13 LICENSE. 14 (B) A COOPERATIVE HOUSING CORPORATION MAY NOT REQUIRE A MEMBER 15 OR UNIT OCCUPANT , OR THE GUEST OR CHIL D OF A MEMBER OR UNIT OCCUP ANT, 16 TO PROVIDE SENSITIVE INFORMATION AS A CON DITION FOR ACCESSING OR USING A 17 RECREATIONAL COMMON AREA, SUCH AS A READING LO UNGE, GAME ROOM , 18 PLAYGROUND , OR SWIMMING POOL . 19 Article – Real Property 20 11–108.2. 21 (A) (1) IN THIS SECTION , “SENSITIVE INFORMATION ” MEANS AN 22 INDIVIDUAL’S: 23 (I) SOCIAL SECURITY CARD OR SOCIAL SECURITY NUMBER ; 24 (II) INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER; 25 (III) BIRTH CERTIFICATE ; 26 SENATE BILL 540 3 (IV) RACIAL OR ETHNIC ORIG IN; 1 (V) NATIONAL ORIGIN ; 2 (VI) CITIZENSHIP OR IMMIGR ATION STATUS; OR 3 (VII) RELIGIOUS OR PHILOSOP HICAL BELIEFS. 4 (2) “SENSITIVE INFORMATION ” DOES NOT INCLUDE AN INDIVIDUAL’S 5 GOVERNMENT –ISSUED PHOTO IDENTIF ICATION, SUCH AS A DRIVER ’S LICENSE. 6 (B) A CONDOMINIUM MAY NOT REQUIRE A UN IT OWNER OR OCCUPANT , OR 7 THE GUEST OR CHILD O F A UNIT OWNER OR OC CUPANT, TO PROVIDE SENSITIVE 8 INFORMATION AS A CON DITION FOR ACCESSING OR USING A RECREATIO NAL 9 COMMON AREA , SUCH AS A READING LO UNGE, GAME ROOM , PLAYGROUND , OR 10 SWIMMING POOL . 11 11B–111.11. 12 (A) (1) IN THIS SECTION , “SENSITIVE INFORMATIO N” MEANS AN 13 INDIVIDUAL’S: 14 (I) SOCIAL SECURITY CARD OR SOCIAL SECURITY NUMBER ; 15 (II) INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER; 16 (III) BIRTH CERTIFICATE ; 17 (IV) RACIAL OR ETHNIC ORIG IN; 18 (V) NATIONAL ORIGIN ; 19 (VI) CITIZENSHIP OR IMMIGR ATION STATUS; OR 20 (VII) RELIGIOUS OR PHILOSOP HICAL BELIEFS. 21 (2) “SENSITIVE INFORMATION ” DOES NOT INCLUDE AN INDIVIDUAL’S 22 GOVERNMENT –ISSUED PHOTO IDENTIF ICATION, SUCH AS A DRIVER ’S LICENSE. 23 (B) A HOMEOW NERS ASSOCIATION MAY NOT REQUIRE A LOT OW NER OR 24 OCCUPANT, OR THE GUEST OR CHIL D OF A LOT OWNER OR OCCUPANT, TO PROVIDE 25 SENSITIVE INFORMATIO N AS A CONDITION FOR ACCESSING OR USING A 26 4 SENATE BILL 540 RECREATIONAL COMMON AREA, SUCH AS A READING LO UNGE, GAME ROOM , 1 PLAYGROUND , OR SWIMMING POOL . 2 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3 October 1, 2025. 4