Maryland 2023 2023 Regular Session

Maryland Senate Bill SB801 Introduced / Bill

Filed 02/08/2023

                     
 
  
SENATE BILL 801 
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By: Senator Hester 
Introduced and read first time: February 6, 2023 
Assigned to: Finance 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Economic Development – Cybersecurity – Cyber Maryland Program 2 
 
FOR the purpose of establishing the Cyber Maryland Program in the Maryland Technology 3 
Development Corporation to increase the cybersecurity workforce in the State, build 4 
an advanced cybersecurity workforce, and carry out other purposes related to the 5 
cybersecurity workforce in the State; establishing the Cyber Maryland Fund; 6 
establishing the Cyber Maryland Board; requiring the Maryland Higher Education 7 
Commission, in consultation with a certain organization, to expand the Cyber 8 
Warrior Diversity Program under certain circumstances on or before a certain date 9 
each year; repealing the requirement that the Commission allocate certain funds to 10 
certain institutions in the Cyber Warrior Diversity Program on a certain basis; 11 
establishing requirements related to unexpended funds allocated by the Commission 12 
under the Cyber Warrior Diversity Program; and generally relating to the Cyber 13 
Maryland Program.  14 
 
BY adding to 15 
 Article – Economic Development 16 
Section 10–496 17 
 Annotated Code of Maryland 18 
 (2018 Replacement Volume and 2022 Supplement) 19 
 
BY repealing and reenacting, without amendments, 20 
 Article – Education 21 
 Section 11–1401(a), (c), and (d) 22 
 Annotated Code of Maryland 23 
 (2022 Replacement Volume) 24 
 
BY repealing and reenacting, with amendments, 25 
 Article – Education 26 
 Section 11–1402 and 11–1405 27 
 Annotated Code of Maryland 28 
 (2022 Replacement Volume)  29 
  2 	SENATE BILL 801  
 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 
That the Laws of Maryland read as follows: 2 
 
Article – Economic Development 3 
 
10–496. 4 
 
 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 5 
INDICATED. 6 
 
 (2) “BOARD” MEANS THE CYBER MARYLAND BOARD. 7 
 
 (3) “PROGRAM” MEANS THE CYBER MARYLAND PROGRAM. 8 
 
 (B) THERE IS A CYBER MARYLAND PROGRAM IN THE CORPORATION . 9 
 
 (C) THE PURPOSES OF THE PROGRAM ARE TO : 10 
 
 (1) CREATE AND EXECUTE A TALENT PIPELINE THAT MATERIALLY 11 
REDUCES WORKFORCE VA CANCIES BY JULY 1, 2026; 12 
 
 (2) SERVE AS A ONE –STOP SHOP FOR EMPLOY ERS SEEKING TO 13 
LEVERAGE CYBER WORKF ORCE DEVELOPMENT PRO GRAMS OFFERED BY THE STATE 14 
AND ITS PARTNERS ;  15 
 
 (3) INFORM CYBERSECURITY TRAINING AND EDUCATI ON PROGRAMS 16 
OPERATED BY PUBLIC O R PRIVATE ENTITIES W ITH INDUSTRY–DRIVEN NEEDS; 17 
 
 (4) BUILD THE MOST ADVAN CED LOCAL AND STATE INFORMATION 18 
TECHNOLOGY WORKFORCE IN THE NATION , WHICH, TO THE MAXIMUM EXTEN T 19 
POSSIBLE, REFLECTS THE RACIAL , GENDER, ETHNIC, AND GEOGRAPHIC DIVER SITY 20 
OF THE STATE; 21 
 
 (5) COORDINATE AND ACCEL ERATE CYBERSECURITY RESEAR CH AND 22 
INNOVATION IN THE STATE; AND 23 
 
 (6) SUPPORT THE EFFORTS OF THE DEPARTMENT OF INFORMATION 24 
TECHNOLOGY TO IMPROVE THE STATE GOVERNMENT ’S CYBERSECURITY POST URE, 25 
INCLUDING STATE AGENCIES , LOCAL GOVERNMENT UNI TS, AND CRITICAL 26 
INFRASTRU CTURE.  27 
 
 (D) THE PROGRAM SHALL : 28 
   	SENATE BILL 801 	3 
 
 
 (1) CONDUCT ONGOING RESE ARCH BY COLLABORATIN G WITH THE 1 
CYBERSECURITY ASSOCIATION OF MARYLAND, INC., CYBERSECURITY TALENT 2 
ADVISORY BOARD TO COLLECT AND ANALYZE REAL –TIME INDUSTRY DATA T O 3 
IDENTIFY CYBERSECURI TY WORKFORCE N EEDS AS DESCRIBED IN THE U.S. 4 
CHAMBER OF COMMERCE TALENT PIPELINE MANAGEMENT APPROACH; 5 
 
 (2) USE THE RESULTS OF T HE RESEARCH DESCRIBE D IN ITEM (1) OF 6 
THIS SUBSECTION TO I NCREASE THE EFFECTIV ENESS OF EXISTING STATE 7 
CYBERSECURITY WORKFO RCE PROGRAMS FOR EMP LOYERS IN THE STATE; 8 
 
 (3) FACILITATE PARTNERSH IPS FOR NEW TRAINING AND EDUCATION 9 
PROGRAMS TO ADDRESS THE WORKFORCE NEEDS IDENTIFIED UNDER ITE M (1) OF 10 
THIS SUBSECTION ; 11 
 
 (4) DEVELOP A STATEWIDE STRATEGIC PLAN FOR C YBERSECURITY 12 
WORKFORCE DEVELOPMEN T, USING THE RESULTS OF THE R ESEARCH DESCRIBED IN 13 
ITEM (1) OF THIS SUBSECTION A ND WITH INPUT FROM T HE CYBERSECURITY 14 
ASSOCIATION OF MARYLAND, INC., CYBERSECURITY TALENT ADVISORY BOARD ON 15 
OR BEFORE DECEMBER 1, 2023; 16 
 
 (5) ADMINISTER AND MANAG E THE CYBER MARYLAND FUND; AND  17 
 
 (6) ENSURE THAT OUTCOMES OF THE PROGRAM ARE INCLUSIVE AND, 18 
TO THE MAXIMUM EXTENT PRACTICABLE , REFLECT THE RACIAL , GENDER, ETHNIC, 19 
AND GEOGRAPHIC DIVER SITY OF THE STATE.  20 
 
 (E) (1) IN THIS SUBSECTION , “FUND” MEANS THE CYBER MARYLAND 21 
FUND. 22 
 
 (2) THERE IS A CYBER MARYLAND FUND. 23 
 
 (3) THE PURPOSES OF THE FUND ARE TO: 24 
 
 (I) ACHIEVE THE PURPOSES IDENTIFIED UNDER SUB SECTION 25 
(C) OF THIS SECTION; AND 26 
 
 (II) SUPPORT INNOVATIVE A PPROACHES TO MEETING 27 
CYBERSECURITY WORKFO RCE NEEDS. 28 
 
 (4) THE PROGRAM SHALL ADMINISTER THE FUND. 29 
 
 (5) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 30 
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 31 
  4 	SENATE BILL 801  
 
 
 (II) THE STATE TREASURER SHALL HOLD 	THE FUND 1 
SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 2 
 
 (6) THE FUND CONSISTS OF : 3 
 
 (I) MONEY APPROPRIATED I N THE STATE BUDGET TO THE 4 
FUND; AND 5 
 
 (II) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED 6 
FOR THE BENEFIT OF T HE FUND. 7 
 
 (7) THE FUND MAY BE USED ONLY FOR: 8 
 
 (I) ADMINISTERING THE PROGRAM; AND 9 
 
 (II) PROVIDING GRANTS TO ELEMENTARY AND SECON DARY 10 
SCHOOLS, INSTITUTIONS OF HIGH ER EDUCATION , INCLUDING COMMUNITY 11 
COLLEGES, AND NONPROFIT ORGANI ZATIONS TO OPERATE C YBERSECURITY 12 
PROGRAMS BASED ON TH E STRATEGIC PLAN OF THE PROGRAM. 13 
 
 (8) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 14 
FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 15 
 
 (II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 16 
CREDITED TO THE GENERAL FUND OF THE STATE. 17 
 
 (9) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN 18 
ACCORDANCE WITH THE STATE BUDGET .  19 
 
 (10) FOR FISCAL YEAR 2025 AND EACH YEAR THEREA FTER, THE 20 
GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF 21 
$250,000 FOR THE FUND.  22 
 
 (11) FOR FISCAL YEAR 2025 AND EACH YEAR THEREA FTER, $250,000 23 
OF THE FUND SHALL BE USED FO R IMPLEMENTING THE U.S. CHAMBER OF 24 
COMMERCE TALENT PIPELINE MANAGEMENT APPROACH. 25 
 
 (12) (I) THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET 26 
BILL AN APPROPRIATIO N IN AN AMOUNT SUFFI CIENT FOR HIRING IND IVIDUALS TO 27 
CONDUCT THE DUTIES OF TH E PROGRAM, INCLUDING AN EXECUTIVE DIRECTOR 28 
AND AT LEAST ONE ADM INISTRATOR. 29 
 
 (II) THE EXECUTIVE DIRECTOR SHALL : 30 
   	SENATE BILL 801 	5 
 
 
 1. BE APPOINTED BY THE CHIEF EXECUTIVE OFFICER; 1 
 
 2. HAVE RELEVANT QUALIF ICATIONS AND EXPERIE NCE 2 
WITH THE ACTIVITI ES AND PURPOSES OF T HE PROGRAM; AND 3 
 
 3. SERVE AT THE PLEASUR E OF THE CHIEF EXECUTIVE 4 
OFFICER.  5 
 
 (F) (1) THERE IS A CYBER MARYLAND BOARD. 6 
 
 (2) THE BOARD CONSISTS OF THE FOLLOWING MEMBERS : 7 
 
 (I) THE SENATE AND HOUSE OF DELEGATES COCHAIRS OF THE 8 
JOINT COMMITTEE ON CYBERSECURITY , INFORMATION TECHNOLOGY , AND 9 
BIOTECHNOLOGY ; 10 
 
 (II) THE SECRETARY, OR THE SECRETARY’S DESIGNEE; 11 
 
 (III) THE SECRETARY OF LABOR, OR THE SECRETARY’S 12 
DESIGNEE; 13 
 
 (IV) THE MARYLAND SECRETARY OF VETERANS AFFAIRS, OR 14 
THE SECRETARY’S DESIGNEE; 15 
 
 (V) THE SECRETARY OF INFORMATION TECHNOLOGY , OR THE 16 
SECRETARY’S DESIGNEE; 17 
 
 (VI) THE CHAIR OF THE BOARD OF DIRECTORS OF THE 18 
CYBERSECURITY ASSOCIATION OF MARYLAND, INC., OR THE CHAIR’S DESIGNEE; 19 
 
 (VII) THE CHAIR OF THE MARYLAND WORKFORCE ASSOCIATION, 20 
OR THE CHAIR’S DESIGNEE;  21 
 
 (VIII) THE FOLLOWING MEMBERS , APPOINTED BY THE 22 
GOVERNOR: 23 
 
 1. FIVE MEMBERS FROM TH E PRIVATE SECTOR WIT H 24 
CYBERSECURITY NEEDS ; 25 
 
 2. ONE REPRESENTATIVE F ROM A NONPROFIT 26 
ORGANIZATION WITH EXPERTI SE IN CYBERSECURITY TALENT DEVELOPMENT ; 27 
  6 	SENATE BILL 801  
 
 
 3. ONE REPRESENTATIVE F ROM A COMMUNITY 1 
COLLEGE; 2 
 
 4. ONE REPRESENTATIVE F ROM A 4–YEAR, PUBLIC 3 
HBCU COLLEGE; 4 
 
 5. ONE REPRESENTATIVE F ROM A 4–YEAR, PUBLIC 5 
COLLEGE; AND 6 
 
 (IX) THE CHIEF EXECUTIVE OFFICER, OR THE CHIEF 7 
EXECUTIVE OFFICER’S DESIGNEE. 8 
 
 (3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 9 
MEMBERS OF THE BOARD SHALL ELECT A C HAIR FROM AMONG THE MEMBERS OF 10 
THE BOARD. 11 
 
 (II) THE CHAIR MAY NOT BE : 12 
 
 1. A STATE EMPLO YEE; OR 13 
 
 2. THE CHIEF EXECUTIVE OFFICER. 14 
 
 (4) THE BOARD SHALL: 15 
 
 (I) PROVIDE INPUT REGARD ING THE DEVELOPMENT OF THE 16 
STATEWIDE CYBERSECUR ITY WORKFORCE DEVELO PMENT STRATEGIC PLAN 17 
REQUIRED UNDER SUBSE CTION (D)(4) OF THIS SECTION; 18 
 
 (II) ASSIST THE EXECUTIVE DIRECTOR AND STAFF OF THE 19 
PROGRAM WITH STAKEHOL DER OUTREACH AND ENG AGEMENT;  20 
 
 (III) HELP THE EXECUTIVE DIRECTOR OF THE PROGRAM 21 
EXPLORE SYNERGIES WH ERE APPROPRIATE WITH CYBERSECURITY WORKFO RCE 22 
DEVELOPMENT EFFORTS BY REGIONAL AND COUN TY WORKFORCE DEVELOP MENT 23 
ENTITIES; 24 
 
 (IV) COORDINATE AS NECESS ARY WITH THE MARYLAND 25 
DEPARTMENT OF LABOR AND THE DEPARTMENT ; AND 26 
 
 (V) PROVIDE OTHER ADVICE AND SUPPORT FOR THE PROGRAM. 27 
 
 (5) A MEMBER OF THE BOARD: 28 
   	SENATE BILL 801 	7 
 
 
 (I) MAY NOT RECEIVE COMP ENSATION AS A MEMBER OF THE 1 
BOARD; BUT 2 
 
 (II) IS ENTITLED TO REIMB URSEMENT FOR EXPENSE S UNDER 3 
THE STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE 4 
BUDGET. 5 
 
 (6) THE GOVERNOR MAY REMOVE A N APPOINTED MEMBER O F THE 6 
BOARD FOR INCOMPETENC E, MISCONDUCT , OR FAILURE TO PERFORM T HE DUTIES 7 
OF THE POSITION . 8 
 
 (G) ON OR BEFORE DECEMBER 1 EACH YEAR, BEGINNING IN 2026, THE 9 
PROGRAM, IN CONJUNCTION WITH THE CORPORATION , SHALL SUBMIT A REPOR T 10 
ON THE OPERATION AND PERFORMANCE OF T HE PROGRAM TO THE GOVERNOR AND , 11 
IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE 12 
GENERAL ASSEMBLY. 13 
 
Article – Education 14 
 
11–1401. 15 
 
 (a) In this subtitle the following words have the meanings indicated. 16 
 
 (c) “Governing entity” means: 17 
 
 (1) The Board of Trustees of Baltimore City Community College; 18 
 
 (2) The President of Bowie State University; 19 
 
 (3) The President of Coppin State University; 20 
 
 (4) The Board of Regents of Morgan State University; 21 
 
 (5) The President of the University of Maryland Eastern Shore; and 22 
 
 (6) The President of the University of Maryland Baltimore County 23 
Training Centers. 24 
 
 (d) “Program” means a Cyber Warrior Diversity Program. 25 
 
11–1402. 26 
 
 (a) There is a Cyber Warrior Diversity Program at: 27 
 
 (1) Baltimore City Community College; 28 
  8 	SENATE BILL 801  
 
 
 (2) Bowie State University; 1 
 
 (3) Coppin State University; 2 
 
 (4) Morgan State University; 3 
 
 (5) The University of Maryland Eastern Shore; and 4 
 
 (6) The University of Maryland Baltimore County Training Centers that 5 
are located in the State. 6 
 
 (b) The purpose of each Program is to train students in computer networking and 7 
cybersecurity. 8 
 
 (c) The governing entity at each institution is responsible for administering the 9 
Program at that institution. 10 
 
 (D) ON OR BEFORE JULY 1 EACH YEAR , BEGINNING IN 2024, THE 11 
COMMISSION, IN CONSULTATION WITH TH E CYBERSECURITY ASSOCIATION OF 12 
MARYLAND, INC., SHALL, IF APPLICABLE , EXPAND THE PROGRAM TO 13 
ACCOMMODATE ANY CHAN GES IN CERTIFICATION TRENDS IDENTIFIED UN DER §  14 
10–496 OF THE ECONOMIC DEVELOPMENT ARTICLE. 15 
 
11–1405. 16 
 
 (a) Subject to the requirements of this section, for fiscal year 2020 and each fiscal 17 
year thereafter, the Governor shall include in the annual State operating budget an 18 
appropriation of $2,500,000 for the Commission to provide grants to Baltimore City 19 
Community College, Bowie State University, Coppin State University, Morgan State 20 
University, the University of Maryland Eastern Shore, and the University of Maryland 21 
Baltimore County Training Centers for the Program established under this section. 22 
 
 (b) Grants provided under subsection (a) of this section shall be in the amount of: 23 
 
 (1) At least $10,000 per student at: 24 
 
 (i) Baltimore City Community College; 25 
 
 (ii) Bowie State University; 26 
 
 (iii) Coppin State University; 27 
 
 (iv) Morgan State University; and 28 
 
 (v) The University of Maryland Eastern Shore; and 29 
   	SENATE BILL 801 	9 
 
 
 (2) $500 per student at the University of Maryland Baltimore County 1 
Training Centers, for the purpose of participation in job apprenticeship events. 2 
 
 (c) On or before December 15, 2019, and each December 15 the reafter, the 3 
governing entities shall notify the Commission of the number of students enrolled in each 4 
institution’s Program for the current academic year. 5 
 
 (d) [(1)] The funding provided in each fiscal year in accordance with this section 6 
shall supplement, but not supplant, any funds that would otherwise be provided for each 7 
institution. 8 
 
 [(2) The Commission annually shall allocate funds to Baltimore City 9 
Community College, Bowie State University, Coppin State University, Morgan State 10 
University, the University of Maryland Eastern Shore, and the University of Maryland 11 
Baltimore County Training Centers on a pro rata basis according to the most recent 12 
enrollment data required under subsection (c) of this section.] 13 
 
 (E) NOTWITHSTANDING § 7–302 OF THE STATE FINANCE AND 14 
PROCUREMENT ARTICLE, AT THE END OF EACH F ISCAL YEAR, ANY UNEXPENDED 15 
FUNDS ALLOCATED BY T HE COMMISSION UNDER THIS SECTION SHALL : 16 
 
 (1) REVERT TO THE COMMISSION TO BE ALLO CATED UNDER THIS 17 
SECTION FOR THE UPCO MING FISCAL YEAR ; AND 18 
 
 (2) BE USED TO SUPPLEMENT , BUT NOT SUPPLANT , THE AMOUNT 19 
REQUIRED TO BE APPRO PRIATED TO THE COMMISSION TO BE ALLO CATED UNDER 20 
THIS SECTION FOR THE UPCOMING FISCAL YEAR .  21 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That : 22 
 
 (a) In this section, “Program” means the Cyber Maryland Program established 23 
under § 10–496 of the Economic Development Article, as enacted by Section 1 of this Act. 24 
 
 (b) It is the intent of the General Assembly that: 25 
 
 (1) the Program immediately consider the Cybersecurity Pathways Across 26 
Maryland from the U.S. Department of Labor’s Trade Adjustment Assistance Community 27 
College & Career Training (2014–2018) as an immediate, proven, and scalable mechanism 28 
to fill jobs; and  29 
 
 (2)  in implementing the plan required under § 10–496(d)(4) of the 30 
Economic Development Article, as enacted by Section 1 of this Act, the Program consider: 31 
 
 (i) the role and scale of the following programs: 32 
 
 1. K–12 Career Pathways & Teacher Externships; 33  10 	SENATE BILL 801  
 
 
 
 2. the Maryland Technology Internship Program; 1 
 
 3. the Maryland EARN Program; 2 
 
 4. the Maryland Apprenticeship & Training Program; and 3 
 
 5. the Cyber Warrior Diversity Program; and 4 
 
 (ii) the development of cyber range scenarios and provision of cyber 5 
range training through appropriate partners. 6 
 
 SECTION 3. AND BE IT FURTHER ENACTED, That , for fiscal year 2025 and each 7 
year thereafter, funds from the Dedicated Purpose Account may be transferred by budget 8 
amendment in accordance with § 7–310 of the State Finance and Procurement Article to 9 
implement this Act. 10 
 
 SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 11 
1, 2023. 12