Maryland 2023 2023 Regular Session

Maryland Senate Bill SB801 Enrolled / Bill

Filed 04/10/2023

                     
 
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. 
          *sb0801*  
  
SENATE BILL 801 
C8, F2   	(3lr0980) 
ENROLLED BILL 
— Finance/Health and Government Operations and Economic Matters — 
Introduced by Senator Hester Senators Hester and Jennings 
 
Read and Examined by Proofreaders: 
 
_______________________________________________ 
Proofreader. 
_______________________________________________ 
Proofreader. 
 
Sealed with the Great Seal and presented to the Governor, for his approval this 
  
_______ day of _______________ at ________________________ o’clock, ________M. 
  
______________________________________________ 
President.  
 
CHAPTER ______ 
 
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 
  2 	SENATE BILL 801  
 
 
BY adding to 1 
 Article – Economic Development 2 
Section 10–496 3 
 Annotated Code of Maryland 4 
 (2018 Replacement Volume and 2022 Supplement) 5 
 
BY repealing and reenacting, without amendments, 6 
 Article – Education 7 
 Section 11–1401(a), (c), and (d) 8 
 Annotated Code of Maryland 9 
 (2022 Replacement Volume) 10 
 
BY repealing and reenacting, with amendments, 11 
 Article – Education 12 
 Section 11–1402 and 11–1405 13 
 Annotated Code of Maryland 14 
 (2022 Replacement Volume)  15 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 
That the Laws of Maryland read as follows: 17 
 
Article – Economic Development 18 
 
10–496. 19 
 
 (A) (1) IN THIS SECTIO N THE FOLLOWING WORD S HAVE THE MEANINGS 20 
INDICATED. 21 
 
 (2) “BOARD” MEANS THE CYBER MARYLAND BOARD. 22 
 
 (3) “PROGRAM” MEANS THE CYBER MARYLAND PROGRAM. 23 
 
 (B) THERE IS A CYBER MARYLAND PROGRAM IN THE CORPORATION . 24 
 
 (C) THE PURPOSES OF THE PROGRAM ARE TO : 25 
 
 (1) CREATE AND EXECUTE A TALENT PIPELINE THAT MATERIALLY 26 
REDUCES WORKFORCE VA CANCIES BY JULY 1, 2026; 27 
 
 (2) SERVE AS A ONE –STOP SHOP FOR EMPLOY ERS SEEKING TO 28 
LEVERAGE CYBER WORKF ORCE DEVELOPMENT PRO GRAMS OFFERED BY THE STATE 29 
AND ITS PARTNERS ;  30 
 
 (3) INFORM CYBERSECURITY TRAINING AND EDUCATI ON PROGRAMS 31 
OPERATED BY PUBLIC O R PRIVATE ENTITIES W ITH INDUSTRY–DRIVEN NEEDS ; 32 
   	SENATE BILL 801 	3 
 
 
 (4) BUILD THE MOST ADVAN CED LOCAL AND STATE INFORMATION 1 
TECHNOLOGY WORKFORCE IN THE NATION , WHICH, TO THE MAXIMUM EXTEN T 2 
POSSIBLE, REFLECTS THE RACIAL , GENDER, ETHNIC, AND GEOGRAPHIC DIVER SITY 3 
OF THE STATE; 4 
 
 (5) COORDINATE AND ACCEL ERATE CYBERSECURITY RESEARCH AND 5 
INNOVATION IN THE STATE; AND 6 
 
 (6) SUPPORT THE EFFORTS OF THE DEPARTMENT OF INFORMATION 7 
TECHNOLOGY TO IMPROVE THE STATE GOVERNMENT ’S CYBERSECURITY POST URE, 8 
INCLUDING STATE AGENCIES , LOCAL GOVERNMENT UNI TS, AND CRITICAL 9 
INFRASTRUCTURE .  10 
 
 (D) THE PROGRAM SHALL : 11 
 
 (1) CONDUCT ONGOING RESE ARCH BY COLLABORATIN G WITH THE 12 
CYBERSECURITY ASSOCIATION OF MARYLAND, INC., CYBERSECURITY TALENT 13 
ADVISORY BOARD TO COLLECT AND ANALYZE REAL –TIME INDUSTRY DATA T O 14 
IDENTIFY CYBERSECURI TY WORKFORCE NEEDS A S DESCRIBED IN THE U.S. 15 
CHAMBER OF COMMERCE TALENT PIPELINE MANAGEMENT APPROACH; 16 
 
 (2) USE THE RESULTS OF T HE RESEARCH DESCRIBE D IN ITEM (1) OF 17 
THIS SUBSECTION TO I NCREASE THE EFFECTIV ENESS OF EXISTING STATE 18 
CYBERSECURITY WORKFO RCE PROGRAMS FOR EMP LOYERS IN THE STATE; 19 
 
 (3) FACILITATE PARTNERSH IPS FOR NEW TRAINING AND EDUCATION 20 
PROGRAMS TO ADDRESS THE WORKFORCE NEEDS IDENTIFIED UNDER ITE M (1) OF 21 
THIS SUBSECTION ; 22 
 
 (4) DEVELOP A STATEWIDE STRATEGIC PLAN FOR C YBERSECURITY 23 
WORKFORCE DEVELOPMEN T, USING THE RESULTS OF THE RESEARCH DESCRIB ED IN 24 
ITEM (1) OF THIS SUBSECTION A ND WITH INPUT FROM T HE CYBERSECURITY 25 
ASSOCIATION OF MARYLAND, INC., CYBERSECUR ITY TALENT ADVISORY BOARD ON 26 
OR BEFORE DECEMBER 1, 2023; 27 
 
 (5) ADMINISTER AND MANAG E THE CYBER MARYLAND FUND; AND  28 
 
 (6) ENSURE THAT OUTCOMES OF THE PROGRAM ARE INCLUSIVE AND, 29 
TO THE MAXIMUM EXTEN T PRACTICABLE , REFLECT THE RACIAL , GENDER, ETHNIC, 30 
AND GEOGRAPHIC DIVERSITY OF THE STATE.  31 
 
 (E) (1) IN THIS SUBSECTION , “FUND” MEANS THE CYBER MARYLAND 32 
FUND. 33 
  4 	SENATE BILL 801  
 
 
 (2) THERE IS A CYBER MARYLAND FUND. 1 
 
 (3) THE PURPOSES OF THE FUND ARE TO: 2 
 
 (I) ACHIEVE THE PURPOSES IDENTIFIED UNDER SUB SECTION 3 
(C) OF THIS SECTION; AND 4 
 
 (II) SUPPORT INNOVATIVE A PPROACHES TO MEETING 5 
CYBERSECURITY WORKFO RCE NEEDS. 6 
 
 (4) THE PROGRAM SHALL ADMINIS TER THE FUND. 7 
 
 (5) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 8 
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMEN T ARTICLE. 9 
 
 (II) THE STATE TREASURER SHALL HOLD 	THE FUND 10 
SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 11 
 
 (6) THE FUND CONSISTS OF : 12 
 
 (I) MONEY APPROPRIATED I N THE STATE BUDGET TO THE 13 
FUND; AND 14 
 
 (II) ANY OTHER MONEY FROM ANY OTHER SOU RCE ACCEPTED 15 
FOR THE BENEFIT OF T HE FUND. 16 
 
 (7) THE FUND MAY BE USED ONLY FOR: 17 
 
 (I) ADMINISTERING THE PROGRAM; AND 18 
 
 (II) PROVIDING GRANTS TO ELEMENTARY AND SECON DARY 19 
SCHOOLS, INSTITUTIONS OF HIGH ER EDUCATION , INCLUDING COMMUNITY 20 
COLLEGES, FOR–PROFIT CORPORATIONS , AND NONPROFIT ORGANI ZATIONS TO 21 
OPERATE CYBERSECURIT Y PROGRAMS BASED ON THE STRATEGIC PLAN O F THE 22 
PROGRAM. 23 
 
 (8) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 24 
FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 25 
 
 (II) ANY INTEREST EARNINGS OF THE FUND SHALL BE 26 
CREDITED TO THE GENERAL FUND OF THE STATE. 27 
 
 (9) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN 28 
ACCORDANCE WITH THE STATE BUDGET .  29   	SENATE BILL 801 	5 
 
 
 
 (10) FOR FISCAL YEAR 2025 AND EACH YEAR THEREA FTER, THE 1 
GOVERNOR SHALL MAY INCLUDE IN THE ANNUA L BUDGET BILL AN APP ROPRIATION 2 
OF $250,000 FOR THE FUND.  3 
 
 (11) FOR SUBJECT TO THE AVAILA BILITY OF FUNDING , FOR FISCAL 4 
YEAR 2025 AND EACH YEAR THEREA FTER, $250,000 OF THE FUND SHALL BE USED 5 
FOR IMPLEMENTING THE U.S. CHAMBER OF COMMERCE TALENT PIPELINE 6 
MANAGEMENT APPROACH. 7 
 
 (12) (I) THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET 8 
BILL AN APPROPRIATIO N IN AN AMOUNT SUFFI CIENT FOR HIRING IND IVIDUALS TO 9 
CONDUCT THE DUTIES O F THE PROGRAM, INCLUDING AN EXECUTIVE DIRECTOR 10 
AND AT LEAST ONE ADMINISTRATOR . 11 
 
 (II) THE EXECUTIVE DIRECTOR SHALL : 12 
 
 1. BE APPOINTED BY THE CHIEF EXECUTIVE OFFICER; 13 
 
 2. HAVE RELEVANT QUALIF ICATIONS AND EXPERIE NCE 14 
WITH THE ACTIVITIES AND PURPOSES OF THE PROGRAM; AND 15 
 
 3. SERVE AT THE PLEASUR E OF THE CHIEF EXECUTIVE 16 
OFFICER.  17 
 
 (F) (1) THERE IS A CYBER MARYLAND BOARD. 18 
 
 (2) THE BOARD CONSISTS OF THE FOLLOWING MEMBERS : 19 
 
 (I) THE SENATE AND HOUSE OF DELEGATES COCHAIRS OF THE 20 
JOINT COMMITTEE ON CYBERSECURITY , INFORMATION TECHNOLOGY , AND 21 
BIOTECHNOLOGY ; 22 
 
 (II) THE SECRETARY, OR THE SECRETARY’S DESIGNEE; 23 
 
 (III) THE SECRETARY OF LABOR, OR THE SECRETARY’S 24 
DESIGNEE; 25 
 
 (IV) THE MARYLAND SECRETARY OF VETERANS AFFAIRS, OR 26 
THE SECRETARY’S DESIGNEE; 27 
 
 (V) THE SECRETARY OF INFORMATION TECHNOLOGY , OR THE 28 
SECRETARY’S DESIGNEE; 29 
  6 	SENATE BILL 801  
 
 
 (VI) THE CHAIR OF THE BOARD OF DIRECTORS OF THE 1 
CYBERSECURITY ASSOCIATION OF MARYLAND, INC., OR THE CHAIR’S DESIGNEE; 2 
 
 (VII) THE CHAIR OF THE MARYLAND WORKFORCE ASSOCIATION, 3 
OR THE CHAIR’S DESIGNEE;  4 
 
 (VIII) THE FOLLOWING ME MBERS, APPOINTED BY THE 5 
GOVERNOR: 6 
 
 1. FIVE MEMBERS FROM TH E PRIVATE SECTOR WIT H 7 
CYBERSECURITY NEEDS ; 8 
 
 2. ONE REPRESENTATIVE F ROM A NONPROFIT 9 
ORGANIZATION WITH EX PERTISE IN CYBERSECU RITY TALENT DEVELOPM ENT; 10 
 
 3. ONE REPRESENTATIVE F ROM A COMMUNIT Y 11 
COLLEGE; 12 
 
 4. ONE REPRESENTATIVE F ROM A 4–YEAR, PUBLIC 13 
HBCU COLLEGE; 14 
 
 5. ONE REPRESENTATIVE F ROM A 4–YEAR, PUBLIC 15 
COLLEGE; AND 16 
 
 (IX) THE CHIEF EXECUTIVE OFFICER, OR THE CHIEF 17 
EXECUTIVE OFFICER’S DESIGNEE. 18 
 
 (3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 19 
MEMBERS OF THE BOARD SHALL ELECT A C HAIR FROM AMONG THE MEMBERS OF 20 
THE BOARD. 21 
 
 (II) THE CHAIR MAY NOT BE : 22 
 
 1. A STATE EMPLOYEE ; OR 23 
 
 2. THE CHIEF EXECUTIVE OFFICER. 24 
 
 (4) THE BOARD SHALL: 25 
 
 (I) PROVIDE INPUT REGARD ING THE DEVELOPMENT OF T HE 26 
STATEWIDE CYBERSECUR ITY WORKFORCE DEVELO PMENT STRATEGIC PLAN 27 
REQUIRED UNDER SUBSE CTION (D)(4) OF THIS SECTION; 28 
   	SENATE BILL 801 	7 
 
 
 (II) ASSIST THE EXECUTIVE DIRECTOR AND STAFF OF THE 1 
PROGRAM WITH STAKEHOL DER OUTREACH AND ENG AGEMENT;  2 
 
 (III) HELP THE EXECUTIVE DIRECTOR OF THE PROGRAM 3 
EXPLORE SYNERGIES WH ERE APPROPRIATE WITH CYBERSECURITY WORKFO RCE 4 
DEVELOPMENT EFFORTS BY REGIONAL AND COUN TY WORKFORCE DEVELOP MENT 5 
ENTITIES; 6 
 
 (IV) COORDINATE AS NECESS ARY WITH THE MARYLAND 7 
DEPARTMENT OF LABOR AND THE DEPARTMENT ; AND 8 
 
 (V) PROVIDE OTHER ADVICE AND SUPPORT FOR THE PROGRAM. 9 
 
 (5) A MEMBER OF THE BOARD: 10 
 
 (I) MAY NOT RECEIVE COMP ENSATION AS A MEMBER OF THE 11 
BOARD; BUT 12 
 
 (II) IS ENTITLED TO REIMB URSEMENT FOR EXPENSE S UNDER 13 
THE STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE 14 
BUDGET. 15 
 
 (6) THE GOVERNOR MAY REMOVE A N APPOINTED MEMBER O F THE 16 
BOARD FOR INCOMPETENC E, MISCONDUCT , OR FAILURE TO PERFOR M THE DUTIES 17 
OF THE POSITION . 18 
 
 (G) ON OR BEFORE DECEMBER 1 EACH YEAR, BEGINNING IN 2026, THE 19 
PROGRAM, IN CONJUNCTION WITH THE CORPORATION , SHALL SUBMIT A REPOR T 20 
ON THE OPERATION AND PERFORMANCE OF T HE PROGRAM TO THE GOVERNOR AND , 21 
IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE 22 
GENERAL ASSEMBLY. 23 
 
Article – Education 24 
 
11–1401. 25 
 
 (a) In this subtitle the following words have the meanings indicated. 26 
 
 (c) “Governing entity” means: 27 
 
 (1) The Board of Trustees of Baltimore City Community College; 28 
 
 (2) The President of Bowie State University; 29 
 
 (3) The President of Coppin State University; 30  8 	SENATE BILL 801  
 
 
 
 (4) The Board of Regents of Morgan State University; 1 
 
 (5) The President of the University of Maryland Eastern Shore; and 2 
 
 (6) The President of the University of Maryland Baltimore County 3 
Training Centers. 4 
 
 (d) “Program” means a Cyber Warrior Diversity Program. 5 
 
11–1402. 6 
 
 (a) There is a Cyber Warrior Diversity Program at: 7 
 
 (1) Baltimore City Community College; 8 
 
 (2) Bowie State University; 9 
 
 (3) Coppin State University; 10 
 
 (4) Morgan State University; 11 
 
 (5) The University of Maryland Eastern Shore; and 12 
 
 (6) The University of Maryland Baltimore County Training Centers that 13 
are located in the State. 14 
 
 (b) The purpose of each Program is to train students in computer networking and 15 
cybersecurity. 16 
 
 (c) The governing entity at each institution is responsible for administering the 17 
Program at that institution. 18 
 
 (D) ON OR BEFORE JULY 1 EACH YEAR , BEGINNING IN 2024, THE 19 
COMMISSION, IN CONSULTATION WITH THE CYBERSECURITY ASSOCIATION OF 20 
MARYLAND, INC., SHALL, IF APPLICABLE , EXPAND THE PROGRAM TO 21 
ACCOMMODATE ANY CHANGES I N CERTIFICATION TREN DS IDENTIFIED UNDER §  22 
10–496 OF THE ECONOMIC DEVELOPMENT ARTICLE. 23 
 
11–1405. 24 
 
 (a) Subject to the requirements of this section, for fiscal year 2020 and each fiscal 25 
year thereafter, the Governor shall include in the annual State operating budget an 26 
appropriation of $2,500,000 for the Commission to provide grants to Baltimore City 27 
Community College, Bowie State University, Coppin State University, Morgan State 28   	SENATE BILL 801 	9 
 
 
University, the University of Maryland Eastern Shore, and the University of Maryland 1 
Baltimore County Training Centers for the Program established under this section. 2 
 
 (b) Grants provided under subsection (a) of this section shall be in the amount of: 3 
 
 (1) At least $10,000 per student at: 4 
 
 (i) Baltimore City Community College; 5 
 
 (ii) Bowie State University; 6 
 
 (iii) Coppin State University; 7 
 
 (iv) Morgan State University; and 8 
 
 (v) The University of Maryland Eastern Shore; and 9 
 
 (2) $500 per student at the University of Maryland Baltimore County 10 
Training Centers, for the purpose of participation in job apprenticeship events. 11 
 
 (c) On or before December 15, 2019, and each December 15 thereafter, the 12 
governing entities shall notify the Commission of the number of students enrolled in each 13 
institution’s Program for the current academic year. 14 
 
 (d) [(1)] The funding provided in each fiscal year in accordance with this section 15 
shall supplement, but not supplant, any funds that would otherwise be provided for each 16 
institution. 17 
 
 [(2) The Commission annually shall allocate funds to Baltimore City 18 
Community College, Bowie State University, Coppin State University, Morgan State 19 
University, the University of Maryland Eastern Shore, and the University of Maryland 20 
Baltimore County Training Centers on a pro rata basis according to the most recent 21 
enrollment data required under subsection (c) of this section.] 22 
 
 (E) NOTWITHSTANDING § 7–302 OF THE STATE FINANCE AND 23 
PROCUREMENT ARTICLE, AT THE END OF EACH F ISCAL YEAR, ANY UNEXPENDED 24 
FUNDS ALLOCATED BY T HE COMMISSION UNDER THIS SECTION SHALL: 25 
 
 (1) REVERT TO THE COMMISSION TO BE ALLO CATED UNDER THIS 26 
SECTION FOR THE UPCO MING FISCAL YEAR ; AND 27 
 
 (2) BE USED TO SUPPLEMENT , BUT NOT SUPPLANT , THE AMOUNT 28 
REQUIRED TO BE APPRO PRIATED TO THE COMMISSION TO BE ALLO CATED UNDER 29 
THIS SECTION FOR THE UPCOMING FISCAL YEAR .  30 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That: 31  10 	SENATE BILL 801  
 
 
 
 (a) In this section, “Program” means the Cyber Maryland Program established 1 
under § 10–496 of the Economic Development Article, as enacted by Section 1 of this Act. 2 
 
 (b) It is the intent of the General Assembly that: 3 
 
 (1) the Program immediately consider the Cybersecurity Pathways Across 4 
Maryland from the U.S. Department of Labor’s Trade Adjustment Assistance Community 5 
College & Career Training (2014–2018) as an immediate, proven, and scalable mechanism 6 
to fill jobs; and  7 
 
 (2) in implementing the plan required under § 10 –496(d)(4) of the 8 
Economic Development Article, as enacted by Section 1 of this Act, the Program consider: 9 
 
 (i) the role and scale of the following programs: 10 
 
 1. K–12 Career Pathways & Teacher Externships; 11 
 
 2. the Maryland Technology Internship Program; 12 
 
 3. the Maryland EARN Program; 13 
 
 4. the Maryland Apprenticeship & Training Program; and 14 
 
 5. the Cyber Warrior Diversity Program; and 15 
 
 (ii) the development of cyber range scenarios and provision of cyber 16 
range training through appropriate partners. 17 
 
 SECTION 3. AND BE IT FURTHER ENACTED, That, for fiscal year 2025 and each 18 
year thereafter, funds from the Dedicated Purpose Account may be transferred by budget 19 
amendment in accordance with § 7–310 of the State Finance and Procurement Article to 20 
implement this Act. 21 
 
 SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 22 
1, 2023.  23