Maryland 2023 Regular Session

Maryland Senate Bill SB801 Latest Draft

Bill / Chaptered Version Filed 05/10/2023

                             	WES MOORE, Governor 	Ch. 578 
 
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Chapter 578 
(Senate Bill 801) 
 
AN ACT concerning 
 
Economic Development – Cybersecurity – Cyber Maryland Program 
 
FOR the purpose of establishing the Cyber Maryland Program in the Maryland Technology 
Development Corporation to increase the cybersecurity workforce in the State, build 
an advanced cybersecurity workforce, and carry out other purposes related to the 
cybersecurity workforce in the State; establishing the Cyber Maryland Fund; 
establishing the Cyber Maryland Board; requiring the Maryland Higher Education 
Commission, in consultation with a certain organization, to expand the Cyber 
Warrior Diversity Program under certain circumstances on or before a certain date 
each year; repealing the requirement that the Commission allocate certain funds to 
certain institutions in the Cyber Warrior Diversity Program on a certain basis; 
establishing requirements related to unexpended funds allocated by the Commission 
under the Cyber Warrior Diversity Program; and generally relating to the Cyber 
Maryland Program.  
 
BY adding to 
 Article – Economic Development 
Section 10–496 
 Annotated Code of Maryland 
 (2018 Replacement Volume and 2022 Supplement) 
 
BY repealing and reenacting, without amendments, 
 Article – Education 
 Section 11–1401(a), (c), and (d) 
 Annotated Code of Maryland 
 (2022 Replacement Volume) 
 
BY repealing and reenacting, with amendments, 
 Article – Education 
 Section 11–1402 and 11–1405 
 Annotated Code of Maryland 
 (2022 Replacement Volume)  
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 
That the Laws of Maryland read as follows: 
 
Article – Economic Development 
 
10–496. 
  Ch. 578 	2023 LAWS OF MARYLAND  
 
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 (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 
INDICATED. 
 
 (2) “BOARD” MEANS THE CYBER MARYLAND BOARD. 
 
 (3) “PROGRAM” MEANS THE CYBER MARYLAND PROGRAM. 
 
 (B) THERE IS A CYBER MARYLAND PROGRAM IN THE CORPORATION . 
 
 (C) THE PURPOSES OF THE PROGRAM ARE TO : 
 
 (1) CREATE AND EXECUTE A TALENT PIPELINE THAT MATERIALLY 
REDUCES WORKFORCE VA CANCIES BY JULY 1, 2026; 
 
 (2) SERVE AS A ONE –STOP SHOP FOR EMPLOY ERS SEEKING TO 
LEVERAGE CYBER WORKF ORCE DEVELOPMENT PRO GRAMS OFFERED BY THE STATE 
AND ITS PARTNERS ;  
 
 (3) INFORM CYBERSECURITY TRAINI NG AND EDUCATION PRO GRAMS 
OPERATED BY PUBLIC O R PRIVATE ENTITIES W ITH INDUSTRY–DRIVEN NEEDS ; 
 
 (4) BUILD THE MOST ADVAN CED LOCAL AND STATE INFORMATION 
TECHNOLOGY WORKFORCE IN THE NATION , WHICH, TO THE MAXIMUM EXTEN T 
POSSIBLE, REFLECTS THE RACIAL, GENDER, ETHNIC, AND GEOGRAPHIC DIVER SITY 
OF THE STATE; 
 
 (5) COORDINATE AND ACCEL ERATE CYBERSECURITY RESEARCH AND 
INNOVATION IN THE STATE; AND 
 
 (6) SUPPORT THE EFFORTS OF THE DEPARTMENT OF INFORMATION 
TECHNOLOGY TO IMPROVE THE STATE GOVERNME NT’S CYBERSECURITY POST URE, 
INCLUDING STATE AGENCIES , LOCAL GOVERNMENT UNI TS, AND CRITICAL 
INFRASTRUCTURE .  
 
 (D) THE PROGRAM SHALL : 
 
 (1) CONDUCT ONGOING RESE ARCH BY COLLABORATIN G WITH THE 
CYBERSECURITY ASSOCIATION OF MARYLAND, INC., CYBERSECURITY TALENT 
ADVISORY BOARD TO COLLECT AND ANALYZE REAL –TIME INDUSTRY DATA T O 
IDENTIFY CYBERSECURI TY WORKFORCE NEEDS A S DESCRIBED IN THE U.S. 
CHAMBER OF COMMERCE TALENT PIPELINE MANAGEMENT APPROACH; 
   	WES MOORE, Governor 	Ch. 578 
 
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 (2) USE THE RESULTS OF T HE RESEARCH DESCRIBE D IN ITEM (1) OF 
THIS SUBSECTION TO INCREA SE THE EFFECTIVENESS OF EXISTING STATE 
CYBERSECURITY WORKFO RCE PROGRAMS FOR EMP LOYERS IN THE STATE; 
 
 (3) FACILITATE PARTNERSH IPS FOR NEW TRAINING AND EDUCATION 
PROGRAMS TO ADDRESS THE WORKFORCE NEEDS IDENTIFIED UNDER ITE M (1) OF 
THIS SUBSECTION; 
 
 (4) DEVELOP A STATEWIDE STRATEGIC PLAN FOR C YBERSECURITY 
WORKFORCE DEVELOPMEN T, USING THE RESULTS OF THE RESEARCH DESCRIB ED IN 
ITEM (1) OF THIS SUBSECTION A ND WITH INPUT FROM T HE CYBERSECURITY 
ASSOCIATION OF MARYLAND, INC., CYBERSECURITY TALENT ADVISORY BOARD ON 
OR BEFORE DECEMBER 1, 2023; 
 
 (5) ADMINISTER AND MANAG E THE CYBER MARYLAND FUND; AND  
 
 (6) ENSURE THAT OUTCOMES OF THE PROGRAM ARE INCLUSIVE AND, 
TO THE MAXIMUM EXTEN T PRACTICABLE , REFLECT THE RACIAL , GENDER, ETHNIC, 
AND GEOGRAP HIC DIVERSITY OF THE STATE.  
 
 (E) (1) IN THIS SUBSECTION , “FUND” MEANS THE CYBER MARYLAND 
FUND. 
 
 (2) THERE IS A CYBER MARYLAND FUND. 
 
 (3) THE PURPOSES OF THE FUND ARE TO: 
 
 (I) ACHIEVE THE PURPOSES IDENTIFIED UNDER SUB SECTION 
(C) OF THIS SECTION; AND 
 
 (II) SUPPORT INNOVATIVE A PPROACHES TO MEETING 
CYBERSECURITY WORKFO RCE NEEDS. 
 
 (4) THE PROGRAM SHALL ADMINIS TER THE FUND. 
 
 (5) (I) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 
 
 (II) THE STATE TREASURER SHALL HOLD 	THE FUND 
SEPARATELY, AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 
 
 (6) THE FUND CONSISTS OF : 
  Ch. 578 	2023 LAWS OF MARYLAND  
 
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 (I) MONEY APPROPRIATED I N THE STATE BUDGET TO THE 
FUND; AND 
 
 (II) ANY OTHER MONEY FROM ANY OTHER SOURCE ACCEPTED 
FOR THE BENEFIT OF T HE FUND. 
 
 (7) THE FUND MAY BE USED ONLY FOR: 
 
 (I) ADMINISTERING THE PROGRAM; AND 
 
 (II) PROVIDING GRANTS TO ELEMENTARY AND SECON DARY 
SCHOOLS, INSTITUTIONS OF HIGH ER EDUCATION , INCLUDING COMMUNITY 
COLLEGES, FOR–PROFIT COR PORATIONS, AND NONPROFIT ORGANI ZATIONS TO 
OPERATE CYBERSECURIT Y PROGRAMS BASED ON THE STRATEGIC PLAN O F THE 
PROGRAM. 
 
 (8) (I) THE STATE TREASURER SHALL INVES T THE MONEY OF THE 
FUND IN THE SAME MANN ER AS OTHER STATE MONEY MAY BE IN VESTED. 
 
 (II) ANY INTEREST EARNINGS OF TH E FUND SHALL BE 
CREDITED TO THE GENERAL FUND OF THE STATE. 
 
 (9) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN 
ACCORDANCE WITH THE STATE BUDGET .  
 
 (10) FOR FISCAL YEAR 2025 AND EACH YEAR THEREA FTER, THE 
GOVERNOR SHALL MAY INCLUDE IN THE ANNUAL BUDGET BI LL AN APPROPRIATION 
OF $250,000 FOR THE FUND.  
 
 (11) FOR SUBJECT TO THE AVAILA BILITY OF FUNDING , FOR FISCAL 
YEAR 2025 AND EACH YEAR THEREA FTER, $250,000 OF THE FUND SHALL BE USED 
FOR IMPLEMENTING THE U.S. CHAMBER OF COMMERCE TALENT PIPELINE 
MANAGEMENT APPROACH. 
 
 (12) (I) THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET 
BILL AN APPROPRIATIO N IN AN AMOUNT SUFFI CIENT FOR HIRING IND IVIDUALS TO 
CONDUCT THE DUTIES O F THE PROGRAM, INCLUDING AN EXECUTIVE DIRECTOR 
AND AT LEAST ONE ADM INISTRATOR. 
 
 (II) THE EXECUTIVE DIRECTOR SHALL : 
 
 1. BE APPOINTED BY THE CHIEF EXECUTIVE OFFICER; 
   	WES MOORE, Governor 	Ch. 578 
 
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 2. HAVE RELEVANT QUALIF ICATIONS AND EXPERIE NCE 
WITH THE ACTIVITIES AND PURPOSES OF THE PROGRAM; AND 
 
 3. SERVE AT THE PLEASUR E OF THE CHIEF EXECUTIVE 
OFFICER.  
 
 (F) (1) THERE IS A CYBER MARYLAND BOARD. 
 
 (2) THE BOARD CONSISTS OF THE FOLLOWING MEMBERS : 
 
 (I) THE SENATE AND HOUSE OF DELEGATES COCHAIRS OF THE 
JOINT COMMITTEE ON CYBERSECURITY , INFORMATION TECHNOLOGY , AND 
BIOTECHNOLOGY ; 
 
 (II) THE SECRETARY, OR THE SECRETARY’S DESIGNEE; 
 
 (III) THE SECRETARY OF LABOR, OR THE SECRETARY’S 
DESIGNEE; 
 
 (IV) THE MARYLAND SECRETARY OF VETERANS AFFAIRS, OR 
THE SECRETARY’S DESIGNEE; 
 
 (V) THE SECRETARY OF INFORMATION TECHNOLOGY , OR THE 
SECRETARY’S DESIGNEE; 
 
 (VI) THE CHAIR OF THE BOARD OF DIRECTORS OF THE 
CYBERSECURITY ASSOCIATION OF MARYLAND, INC., OR THE CHAIR’S DESIGNEE; 
 
 (VII) THE CHAIR OF THE MARYLAND WORKFORCE ASSOCIATION, 
OR THE CHAIR’S DESIGNEE;  
 
 (VIII) THE FOLLOWING MEMBER	S, APPOINTED BY THE 
GOVERNOR: 
 
 1. FIVE MEMBERS FROM TH E PRIVATE SECTOR WIT H 
CYBERSECURITY NEEDS ; 
 
 2. ONE REPRESENTATIVE F ROM A NONPROFIT 
ORGANIZATION WITH EX PERTISE IN CYBERSECU RITY TALENT DEVELOPM ENT; 
 
 3. ONE REPRESENTATIVE F ROM A COMMUNITY 
COLLEGE; 
  Ch. 578 	2023 LAWS OF MARYLAND  
 
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 4. ONE REPRESENTATIVE F ROM A 4–YEAR, PUBLIC 
HBCU COLLEGE; 
 
 5. ONE REPRESENTATIVE F ROM A 4–YEAR, PUBLIC 
COLLEGE; AND 
 
 (IX) THE CHIEF EXECUTIVE OFFICER, OR THE CHIEF 
EXECUTIVE OFFICER’S DESIGNEE. 
 
 (3) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGR APH, THE 
MEMBERS OF THE BOARD SHALL ELECT A C HAIR FROM AMONG THE MEMBERS OF 
THE BOARD. 
 
 (II) THE CHAIR MAY NOT BE : 
 
 1. A STATE EMPLOYEE ; OR 
 
 2. THE CHIEF EXECUTIVE OFFICER. 
 
 (4) THE BOARD SHALL: 
 
 (I) PROVIDE INPUT REGARD ING THE DEVELOPMENT OF THE 
STATEWIDE CYBERSECUR ITY WORKFORCE DEVELO PMENT STRATEGIC PLAN 
REQUIRED UNDER SUBSE CTION (D)(4) OF THIS SECTION; 
 
 (II) ASSIST THE EXECUTIVE DIRECTOR AND STAFF OF THE 
PROGRAM WITH STAKEHOL DER OUTREACH AND ENG AGEMENT;  
 
 (III) HELP THE EXECUTIVE DIRECTOR OF THE PROGRAM 
EXPLORE SYNERGIES WH ERE APPROPRIATE WITH CYBERSECURITY WORKFO RCE 
DEVELOPMENT EFFORTS BY REGIONAL AND COUN TY WORKFORCE DEVELOP MENT 
ENTITIES; 
 
 (IV) COORDINATE AS NECESS ARY WITH THE MARYLAND 
DEPARTMENT OF LABOR AND THE DEPARTMENT ; AND 
 
 (V) PROVIDE OTHER ADVICE AND SUPPORT FOR THE PROGRAM. 
 
 (5) A MEMBER OF THE BOARD: 
 
 (I) MAY NOT RECEIVE COMP ENSATION AS A MEMBER OF THE 
BOARD; BUT 
   	WES MOORE, Governor 	Ch. 578 
 
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 (II) IS ENTITLED TO REIMB URSEMENT FOR EXPENSE S UNDER 
THE STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE 
BUDGET. 
 
 (6) THE GOVERNOR MAY REMOVE A N APPOINTED MEMBER O F THE 
BOARD FOR INCOMPETENC E, MISCONDUCT , OR FAILURE TO PERFOR M THE DUTIES 
OF THE POSITION . 
 
 (G) ON OR BEFORE DECEMBER 1 EACH YEAR, BEGINNING IN 2026, THE 
PROGRAM, IN CONJUNCTION WITH THE CORPORATION , SHALL SUBMIT A REPOR T 
ON THE OPERATION AND PERFORMANCE OF T HE PROGRAM TO THE GOVERNOR AND , 
IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE 
GENERAL ASSEMBLY. 
 
Article – Education 
 
11–1401. 
 
 (a) In this subtitle the following words have the meanings indicated. 
 
 (c) “Governing entity” means: 
 
 (1) The Board of Trustees of Baltimore City Community College; 
 
 (2) The President of Bowie State University; 
 
 (3) The President of Coppin State University; 
 
 (4) The Board of Regents of Morgan State University; 
 
 (5) The President of the University of Maryland Eastern Shore; and 
 
 (6) The President of the University of Maryland Baltimore County 
Training Centers. 
 
 (d) “Program” means a Cyber Warrior Diversity Program. 
 
11–1402. 
 
 (a) There is a Cyber Warrior Diversity Program at: 
 
 (1) Baltimore City Community College; 
 
 (2) Bowie State University; 
 
 (3) Coppin State University;  Ch. 578 	2023 LAWS OF MARYLAND  
 
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 (4) Morgan State University; 
 
 (5) The University of Maryland Eastern Shore; and 
 
 (6) The University of Maryland Baltimore County Training Centers that 
are located in the State. 
 
 (b) The purpose of each Program is to train students in computer networking and 
cybersecurity. 
 
 (c) The governing entity at each institution is responsible for administering the 
Program at that institution. 
 
 (D) ON OR BEFORE JULY 1 EACH YEAR , BEGINNING IN 2024, THE 
COMMISSION, IN CONSULTATION WITH THE CYBERSECURITY ASSOCIATION OF 
MARYLAND, INC., SHALL, IF APPLICABLE , EXPAND THE PROGRAM TO 
ACCOMMODATE ANY CHAN GES IN CERTIFICATION TRENDS IDENTIFIED UN DER §  
10–496 OF THE ECONOMIC DEVELOPMENT ARTICLE. 
 
11–1405. 
 
 (a) Subject to the requirements of this section, for fiscal year 2020 and each fiscal 
year thereafter, the Governor shall include in the annual State operating budget an 
appropriation of $2,500,000 for the Commission to provide grants to Baltimore City 
Community College, Bowie State University, Coppin State University, Morgan State 
University, the University of Maryland Eastern Shore, and the University of Maryland 
Baltimore County Training Centers for the Program established under this section. 
 
 (b) Grants provided under subsection (a) of this section shall be in the amount of: 
 
 (1) At least $10,000 per student at: 
 
 (i) Baltimore City Community College; 
 
 (ii) Bowie State University; 
 
 (iii) Coppin State University; 
 
 (iv) Morgan State University; and 
 
 (v) The University of Maryland Eastern Shore; and 
 
 (2) $500 per student at the University of Maryland Baltimore County 
Training Centers, for the purpose of participation in job apprenticeship events. 
   	WES MOORE, Governor 	Ch. 578 
 
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 (c) On or before December 15, 2019, and each December 15 thereafter, the 
governing entities shall notify the Commission of the number of students enrolled in each 
institution’s Program for the current academic year. 
 
 (d) [(1)] The funding provided in each fiscal year in accordance with this section 
shall supplement, but not supplant, any funds that would otherwise be provided for each 
institution. 
 
 [(2) The Commission annually shall allocate funds to Baltimore City 
Community College, Bowie State University, Coppin State University, Morgan State 
University, the University of Maryland Eastern Shore, and the University of Maryland 
Baltimore County Training Centers on a pro rata basis according to the most recent 
enrollment data required under subsection (c) of this section.] 
 
 (E) NOTWITHSTANDING § 7–302 OF THE STATE FINANCE AND 
PROCUREMENT ARTICLE, AT THE END OF EACH F ISCAL YEAR, ANY UNEXPENDED 
FUNDS ALLOCATED BY T HE COMMISSION UNDER THI S SECTION SHALL : 
 
 (1) REVERT TO THE COMMISSION TO BE ALLO CATED UNDER THIS 
SECTION FOR THE UPCO MING FISCAL YEAR ; AND 
 
 (2) BE USED TO SUPPLEMENT , BUT NOT SUPPLANT , THE AMOUNT 
REQUIRED TO BE APPRO PRIATED TO THE COMMISSION TO BE ALLO CATED UNDER 
THIS SECTION FOR THE UPCO MING FISCAL YEAR .  
 
 SECTION 2. AND BE IT FURTHER ENACTED, That: 
 
 (a) In this section, “Program” means the Cyber Maryland Program established 
under § 10–496 of the Economic Development Article, as enacted by Section 1 of this Act. 
 
 (b) It is the intent of the General Assembly that: 
 
 (1) the Program immediately consider the Cybersecurity Pathways Across 
Maryland from the U.S. Department of Labor’s Trade Adjustment Assistance Community 
College & Career Training (2014–2018) as an immediate, proven, and scalable mechanism 
to fill jobs; and  
 
 (2) in implementing the plan required under § 10 –496(d)(4) of the 
Economic Development Article, as enacted by Section 1 of this Act, the Program consider: 
 
 (i) the role and scale of the following programs: 
 
 1. K–12 Career Pathways & Teacher Externships; 
 
 2. the Maryland Technology Internship Program; 
  Ch. 578 	2023 LAWS OF MARYLAND  
 
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 3. the Maryland EARN Program; 
 
 4. the Maryland Apprenticeship & Training Program; and 
 
 5. the Cyber Warrior Diversity Program; and 
 
 (ii) the development of cyber range scenarios and provision of cyber 
range training through appropriate partners. 
 
 SECTION 3. AND BE IT FURTHER ENACTED, That, for fiscal year 2025 and each 
year thereafter, funds from the Dedicated Purpose Account may be transferred by budget 
amendment in accordance with § 7–310 of the State Finance and Procurement Article to 
implement this Act. 
 
 SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 
1, 2023.  
 
Approved by the Governor, May 8, 2023.