EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. Italics indicate opposite chamber/conference committee amendments. *sb0540* SENATE BILL 540 N1 (5lr1870) ENROLLED BILL — Judicial Proceedings/Environment and Transportation — Introduced by Senators Charles, M. Washington, Muse, and Ellis Ellis, James, and Smith Read and Examined by Proofreaders: _______________________________________________ Proofreader. _______________________________________________ Proofreader. Sealed with the Great Seal and presented to the Governor, for his appr oval this _______ day of _______________ at ________________________ o’clock, ________M. ______________________________________________ President. CHAPTER ______ 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 2 SENATE BILL 540 BY adding to 1 Article – Real Property 2 Section 11–108.2 and 11B–111.11 3 Annotated Code of Maryland 4 (2023 Replacement Volume and 2024 Supplement) 5 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6 That the Laws of Maryland read as follows: 7 Article – Corporations and Associations 8 5–6B–23.2. 9 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 10 INDICATED. 11 (2) “COMMON AREA ” MEANS ANY AREA IN A COOPERATIVE PROJECT 12 IN WHICH MEMBERS HAVE A POSSESSORY INTEREST IN COMMON. 13 (3) (I) “SENSITIVE INFORMATION ” MEANS AN INDIVIDUAL ’S: 14 1. SOCIAL SECURITY CARD OR SOCIAL SECURITY 15 NUMBER; 16 2. INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER; 17 3. BIRTH CERTIFICATE ; 18 4. RACIAL OR ETHNIC ORIG IN; 19 5. NATIONAL ORIGIN ; 20 6. CITIZENSHIP OR IMMIGR ATION STATUS; OR 21 7. RELIGIOUS OR PHILOSOP HICAL BELIEFS; OR 22 8. MEDICAL RECORDS . 23 (II) “SENSITIVE INFORMATION ” DOES NOT INCLUDE AN 24 INDIVIDUAL’S GOVERNMENT –ISSUED PHOTO IDENTIFICATION , SUCH AS A DRIVER ’S 25 LICENSE. 26 (B) A COOPERATIVE HOUSING CORPORATION MAY NOT REQUIRE A MEMBER 27 OR UNIT OCCUPANT , OR THE GUEST OR CHIL D OF A MEMBER OR UNI T OCCUPANT, 28 SENATE BILL 540 3 TO PROVIDE SENSITIVE INFORMATION AS A CON DITION FOR ACCESSING OR USING A 1 RECREATIONAL COMMON AREA, SUCH AS A READING LO UNGE, GAME ROOM , 2 PLAYGROUND , OR SWIMMING POOL . 3 Article – Real Property 4 11–108.2. 5 (A) (1) IN THIS SECTION , “SENSITIVE INFORMATIO N” MEANS AN 6 INDIVIDUAL’S: 7 (I) SOCIAL SECURITY CARD OR SOCIAL SECURITY NUM BER; 8 (II) INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER; 9 (III) BIRTH CERTIFICATE ; 10 (IV) RACIAL OR ETHNIC ORIG IN; 11 (V) NATIONAL ORIGIN ; 12 (VI) CITIZENSHIP OR IMMIGR ATION STATUS; OR 13 (VII) RELIGIOUS OR PHILOSOP HICAL BELIEFS; OR 14 (VIII) MEDICAL RECORDS . 15 (2) “SENSITIVE INFORMATION ” DOES NOT INCLUDE AN INDIVIDUAL’S 16 GOVERNMENT –ISSUED PHOTO IDENTIF ICATION, SUCH AS A DRIVER ’S LICENSE. 17 (B) A CONDOMINIUM MAY NOT REQUIRE A UNIT OWNER OR OCCUPANT , OR 18 THE GUEST OR CHILD O F A UNIT OWNER OR OC CUPANT, TO PROVIDE SENSITIVE 19 INFORMATION AS A CON DITION FOR ACCESSING OR USING A RECREATIO NAL 20 COMMON AREA , SUCH AS A READING LO UNGE, GAME ROOM , PLAYGROUND , OR 21 SWIMMING POOL . 22 11B–111.11. 23 (A) (1) IN THIS SECTION , “SENSITIVE INFORMATIO N” MEANS AN 24 INDIVIDUAL’S: 25 (I) SOCIAL SECURITY CARD OR SOCIAL SECURITY NUMBER ; 26 (II) INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER; 27 4 SENATE BILL 540 (III) BIRTH CERTIFICATE ; 1 (IV) RACIAL OR ETHNIC ORIG IN; 2 (V) NATIONAL ORIGIN ; 3 (VI) CITIZENSHIP OR IMMIGR ATION STATUS; OR 4 (VII) RELIGIOUS OR PHILOSOP HICAL BELIEFS; OR 5 (VIII) MEDICAL RECORDS . 6 (2) “SENSITIVE INFORMATION ” DOES NOT INCLUDE AN INDIVIDUAL’S 7 GOVERNMENT –ISSUED PHOTO IDENTIF ICATION, SUCH AS A DRIVER ’S LICENSE. 8 (B) A HOMEOWNERS ASSOCIATI ON MAY NOT REQUIRE A LOT OWNER OR 9 OCCUPANT, OR THE GUEST OR CHIL D OF A LOT OWNER OR OCCUPANT, TO PROVIDE 10 SENSITIVE INFORMATIO N AS A CONDITION FOR ACCESSING OR USING A 11 RECREATIONAL COMMON AREA, SUCH AS A READING LO UNGE, GAME ROOM , 12 PLAYGROUND , OR SWIMMING POOL . 13 SECTION 2. AND BE I T FURTHER ENACTED, That this Act shall take effect 14 October 1, 2025. 15 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ President of the Senate. ________________________________________________________________________________ Speaker of the House of Delegates.