Maryland 2024 Regular Session

Maryland House Bill HB1188 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		hb1188
9	6
10	7		HOUSE BILL 1188
11	8		S1 4lr2831
12	9		CF SB 982
13		-	By: Delegate Kaiser Delegates Kaiser, Alston, Bagnall, Bhandari, Chisholm,
14		-	Cullison, Guzzone, Hill, Hutchinson, S. Johnson, Kerr, Kipke, R. Lewis,
15		-	Lopez, Martinez, M. Morgan, Pena–Melnyk, Reilly, Rosenberg, Szeliga,
16		-	Taveras, White Holland, and Woods
	10	+	By: Delegate Kaiser
17	11		Introduced and read first time: February 8, 2024
18	12		Assigned to: Health and Government Operations and Appropriations
19		-	Committee Report: Favorable with amendments
20		-	House action: Adopted
21		-	Read second time: March 24, 2024
22	13
23		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
24	15
25	16		AN ACT concerning 1
26	17
27	18		Information Technology – Modernization of Information Technology Projects 2
28	19
29	20		FOR the purpose of altering the duties of the Secretary of Information Technology related 3
30	21		to modernization of information technology systems; altering the authority of the 4
31	22		Board of Public Works over certain information technology projects; establishing the 5
32	23		Information Technology Investment Fund as a special, nonlapsing fund and the 6
33		-	Technology Investment Board; renaming the Major Information Technology 7
34		-	Development Fund; requiring a certain amount of the Fund to be set aside for certain 8
35		-	projects each fiscal year; requiring the Board of Public Works to expedite the 9
36		-	placement on an agenda and approval of certain contracts; altering the duties name, 10
37		-	duties, and membership of the Modernize Maryland Oversight Commission; 11
38		-	providing for the terms of certain Commission members; and generally relating to 12
39		-	information technology modernization. 13
	24	+	Technology Investment Board; altering the duties and membership of the Modernize 7
	25	+	Maryland Oversight Commission; and generally relating to information technology 8
	26	+	modernization. 9
40	27
41		-	BY repealing and reenacting, with amendments, 14
42		-	Article – State Finance and Procurement 15
43		-	Section 3.5–303(a)(4), 3.5–307, 3.5–316, and 12–101 3.5–201, 3.5–301, 3.5–307, 16
44		-	3.5–308, 3.5–309, and 3.5–316 17
	28	+	BY repealing and reenacting, with amendments, 10
	29	+	Article – State Finance and Procurement 11
	30	+	Section 3.5–303(a)(4), 3.5–307, 3.5–316, and 12–101 12
	31	+	Annotated Code of Maryland 13
	32	+	(2021 Replacement Volume and 2023 Supplement) 14
	33	+
	34	+	BY adding to 15
	35	+	Article – State Finance and Procurement 16
	36	+	Section 3.5–309.1 and 3.5–309.2 17
45	37		Annotated Code of Maryland 18
46	38		(2021 Replacement Volume and 2023 Supplement) 19
47	39
48		-	BY adding to 20 2 HOUSE BILL 1188
	40	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
	41	+	That the Laws of Maryland read as follows: 21
	42	+
	43	+	Article – State Finance and Procurement 22
	44	+
	45	+	3.5–303. 23
	46	+
	47	+	(a) The Secretary is responsible for carrying out the following duties: 24
	48	+	2 HOUSE BILL 1188
49	49
50	50
51		-	Article – State Finance and Procurement 1
52		-	Section 3.5–309.1 and 3.5–309.2 12–101(d) 2
53		-	Annotated Code of Maryland 3
54		-	(2021 Replacement Volume and 2023 Supplement) 4
	51	+	(4) developing and maintaining a statewide information technology master 1
	52	+	plan that will: 2
55	53
56		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
57		-	That the Laws of Maryland read as follows: 6
	54	+	(i) IN CONSULTATION WITH THE MODERNIZE MARYLAND 3
	55	+	OVERSIGHT COMMISSION ESTABLISHED UNDER § 3.5–316 OF THIS SUBTITLE , 4
	56	+	centralize the management and direction of information technology policy within the 5
	57	+	Executive Branch of State government under the control of the Department; 6
58	58
59		-	Article – State Finance and Procurement 7
	59	+	(ii) include all aspects of State information technology including 7
	60	+	telecommunications, security, data processing, and information management; 8
60	61
61		-	3.5–201. 8
	62	+	(iii) consider interstate transfers as a result of federal legislation and 9
	63	+	regulation; 10
62	64
63		-	(A) There is a Department of Information Technology established as a principal 9
64		-	department of State government. 10
	65	+	(iv) ensure that the State information technology plan and related 11
	66	+	policies and standards are consistent with State goals, objectives, and resources, and 12
	67	+	represent a long–range vision for using information technology to improve the overall 13
	68	+	effectiveness of State government; 14
65	69
66		-	(B) SUBJECT TO THE PROVIS IONS OF § 3.5–302 OF THIS TITLE, IT IS THE 11
67		-	INTENT OF THE GENERAL ASSEMBLY THAT RESPONS IBILITY AND OVERSIGH T OF 12
68		-	THE INFORMATION TECH NOLOGY PROJECTS FOR UNITS OF STATE GOVERNMENT BE 13
69		-	CENTRALIZED AT THE DEPARTMENT AND THAT P RIORITY BE GIVEN TO FUNDING 14
70		-	INFORMATION TECHNOLO GY PROJECTS THAT ADD RESS THE NEEDS FOR THE 15
71		-	PUBLIC HEALTH , EDUCATION, SAFETY, OR FINANCIAL WELL –BEING OF THE 16
72		-	RESIDENTS OF MARYLAND. 17
	70	+	(v) include standards to assure nonvisual access to the information 15
	71	+	and services made available to the public over the Internet; and 16
73	72
74		-	3.5–301. 18
	73	+	(vi) allows a State agency to maintain the agency’s own information 17
	74	+	technology unit that provides for information technology services to support the mission of 18
	75	+	the agency; 19
75	76
76		-	~~(a) In this subtitle the following words have the meanings indicated~~. 19
	77	+	3.5–307. 20
77	78
78		-	(b) “Cybersecurity” means processes or capabilities wherein syst ems, 20
79		-	communications, and information are protected and defended against damage, 21
80		-	unauthorized use or modification, and exploitation. 22
	79	+	(a) (1) A unit of State government may not purchase, lease, or rent information 21
	80	+	technology unless consistent with the master plan. 22
81	81
82		-	(c) “Cybersecurity strategy” means a vision, a plan of action, or guiding 23
83		-	principles. 24
	82	+	(2) A unit of State government other than a public institution of higher 23
	83	+	education may not make expenditures for major information technology development 24
	84	+	projects or cybersecurity projects except as provided in § 3.5–308 of this subtitle. 25
84	85
85		-	(d) ~~(1) “Development” means all expenditures for a new~~ information 25
86		-	~~technology system or an enhancement to an existing system including system: 26~~
	86	+	(b) The Secretary may review any information technology project or cybersecurity 26
	87	+	project for consistency with the master plan. 27
87	88
88		-	(i) planning; 27
	89	+	(c) (1) A unit of State government shall advise the Secretary of any 28
	90	+	information technology proposal involving: 29
89	91
90		-	(ii) ~~creation~~; 28
	92	+	(i) resource sharing; 30
91	93
92		-	(~~iii~~) ~~installation~~; 29
	94	+	(ii) the exchange of goods or services; 31
93	95
94		-	(iv) testing; and 30
	96	+	(iii) a gift, contribution, or grant of real or personal property; or 32
	97	+	HOUSE BILL 1188 3
95	98
96		-	(v) initial training. 31 HOUSE BILL 1188 3
	99	+
	100	+	(iv) the sale, lease, exchange, or other disposition of communications 1
	101	+	facilities or communications frequencies. 2
	102	+
	103	+	(2) The Secretary shall determine if the value of the resources, services, 3
	104	+	property, or other consideration to be obtained by the State under the terms of any proposal 4
	105	+	submitted in accordance with paragraph (1) of this subsection equals or exceeds $100,000. 5
	106	+
	107	+	(3) If the value of any proposal submitted in accordance with this 6
	108	+	subsection equals or exceeds $100,000 and the Secretary and unit agree to proceed with the 7
	109	+	proposal, information on the proposal shall be: 8
	110	+
	111	+	(i) advertised for a period of at least 30 days in the eMaryland 9
	112	+	Marketplace; and 10
	113	+
	114	+	(ii) submitted, simultaneously with the advertisement, to the 11
	115	+	Legislative Policy Committee for a 60–day review and comment period, during which time 12
	116	+	the Committee may recommend that the proposal be treated as a procurement contract 13
	117	+	under Division II of this article. 14
	118	+
	119	+	(4) (I) [Following] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF 15
	120	+	THIS PARAGRAPH , FOLLOWING the period for review and comment by the Legislative 16
	121	+	Policy Committee under paragraph (3) of this subsection, the proposal is subject to approval 17
	122	+	by the Board of Public Works. 18
	123	+
	124	+	(II) A PROPOSAL TO MODERNIZ E AN INFORMATIO N 19
	125	+	TECHNOLOGY SYSTEM SH ALL BE EXEMPT FROM A PPROVAL BY THE BOARD OF 20
	126	+	PUBLIC WORKS AS PROVIDED IN § 12–101 OF THIS ARTICLE. 21
	127	+
	128	+	(5) This subsection may not be construed as authorizing an exception from 22
	129	+	the requirements of Division II of this article for any contract that otherwise would be 23
	130	+	subject to the State procurement process. 24
	131	+
	132	+	(6) THE DEPARTMENT SHALL HIRE A CONTRACTOR TO ASSE SS THE 25
	133	+	PROCUREMENT PROCESS FOR INFORMATION TECH NOLOGY PROJECTS INVO LVING 26
	134	+	MODERNIZATION . 27
	135	+
	136	+	3.5–309.1. 28
	137	+
	138	+	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 29
	139	+	INDICATED. 30
	140	+
	141	+	(2) “FUND” MEANS THE INFORMATION TECHNOLOGY INVESTMENT 31
	142	+	FUND. 32
	143	+	4 HOUSE BILL 1188
	144	+
	145	+
	146	+	(3) “LEGACY SYSTEM ” MEANS A HARDWARE OR SOFTWARE SYSTEM 1
	147	+	THAT IS OUTMODED OR OBSOLETE. 2
	148	+
	149	+	(B) THERE IS AN INFORMATION TECHNOLOGY INVESTMENT FUND. 3
	150	+
	151	+	(C) (1) THE PURPOSE OF THE FUND IS TO ASSESS AND REPLACE LEGACY 4
	152	+	SYSTEMS. 5
	153	+
	154	+	(2) THE DEPARTMENT SHALL HIRE A CONSULTANT TO ASSE SS A 6
	155	+	LEGACY SYSTEM , PRIORITIZED BASED ON THE SECURITY RISK OF THE SYSTEM. 7
	156	+
	157	+	(D) THE SECRETARY SHALL ADMIN ISTER THE FUND. 8
	158	+
	159	+	(E) THE DEPARTMENT , IN CONSULTATION WITH EACH UNIT OF STATE 9
	160	+	GOVERNMENT , SHALL DETERMINE THE FUNDING REQUIRED TO ASSESS EACH 10
	161	+	LEGACY SYSTEM IN THE UNIT AND A 5–YEAR PROJECTION OF F UNDING REQUIRED 11
	162	+	TO MODERNIZE THE LEG ACY SYSTEM. 12
	163	+
	164	+	(F) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 13
	165	+	SUBJECT TO § 7–302 OF THIS ARTICLE. 14
	166	+
	167	+	(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 15
	168	+	AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 16
	169	+
	170	+	(G) THE FUND CONSISTS OF : 17
	171	+
	172	+	(1) TO THE EXTENT PRACTI CABLE, MONEY RECEIVED FROM THE SALE 18
	173	+	OF STATE GENERAL OBLIGAT ION BONDS; AND 19
	174	+
	175	+	(2) MONEY APPROPRIATED I N THE STATE BUDGET TO THE FUND. 20
	176	+
	177	+	(H) THE FUND MAY BE USED FOR LEGACY SYSTEM ASSESS MENTS AND 21
	178	+	REPLACEMENTS . 22
	179	+
	180	+	(I) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 23
	181	+	IN THE SAME MANNER AS OTHER STATE MONEY MAY BE IN VESTED. 24
	182	+
	183	+	(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 25
	184	+	THE GENERAL FUND OF THE STATE. 26
	185	+
	186	+	(J) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 27
	187	+	WITH THE STATE BUDGET . 28
	188	+	HOUSE BILL 1188 5
	189	+
	190	+
	191	+	(K) (1) BEGINNING IN FISCAL YEAR 2026 AND EACH FISCAL YEAR 1
	192	+	THEREAFTER , THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN 2
	193	+	APPROPRIATION TO THE FUND. 3
	194	+
	195	+	(2) IN FISCAL YEAR 2026, THE APPROPRIATION MA DE UNDER 4
	196	+	PARAGRAPH (1) OF THIS SUBSECTION S HALL BE GREATER THAN THE 5
	197	+	DEPARTMENT ’S BUDGET FOR FISCAL YE AR 2025 FOR MAJOR INFORMATIO N 6
	198	+	TECHNOLOGY DEVELOPME NT PROJECTS. 7
	199	+
	200	+	(L) ON OR BEFORE JANUARY 1, 2028, THE DEPARTMENT SHALL : 8
	201	+
	202	+	(1) ESTABLISH A PROCESS THROUGH WHICH THE PR OCESS TO ASSESS 9
	203	+	AND REPLACE LEGACY S YSTEMS IS REPLACED W ITH THE PROCESS FOR APPROVIN G 10
	204	+	AND REVIEWING MAJOR INFORMATION TECHNOLO GY DEVELOPMENT PROJE CTS 11
	205	+	UNDER § 3.5–308 OF THIS SUBTITLE , INCLUDING GUARDRAILS TO ENSURE 12
	206	+	COMPLIANCE WITH THE PROCESS; AND 13
	207	+
	208	+	(2) SUBMIT A REPORT TO T HE GOVERNOR AND , IN ACCORDANCE 14
	209	+	WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY 15
	210	+	ON THE PROCESS ESTAB LISHED UNDER ITEM (1) OF THIS SUBSECTION . 16
	211	+
	212	+	3.5–309.2. 17
	213	+
	214	+	(A) IN THIS SECTION , “BOARD” MEANS THE TECHNOLOGY INVESTMENT 18
	215	+	BOARD. 19
	216	+
	217	+	(B) THERE IS A TECHNOLOGY INVESTMENT BOARD IN THE DEPARTMENT. 20
	218	+
	219	+	(C) THE BOARD CONSISTS OF : 21
	220	+
	221	+	(1) THE SECRETARY, OR THE SECRETARY’S DESIGNEE; 22
	222	+
	223	+	(2) THE COMPTROLLER , OR THE COMPTROLLER ’S DESIGNEE; 23
	224	+
	225	+	(3) THE STATE TREASURER, OR THE STATE TREASURER’S DESIGNEE; 24
	226	+
	227	+	(4) THE GOVERNOR, OR THE GOVERNOR’S DESIGNEE; 25
	228	+
	229	+	(5) A MEMBER OF THE PUBL IC, APPOINTED BY THE GOVERNOR; AND 26
	230	+
	231	+	(6) ANY OTHER MEMBERS TH E GOVERNOR DETERMINES A RE 27
	232	+	APPROPRIATE . 28
	233	+	6 HOUSE BILL 1188
	234	+
	235	+
	236	+	(D) THE SECRETARY OR THE SECRETARY’S DESIGNEE SHALL SER VE AS 1
	237	+	CHAIR OF THE BOARD. 2
	238	+
	239	+	(E) THE DEPARTMENT SHALL PROV IDE STAFF FOR THE BOARD. 3
	240	+
	241	+	(F) THE BOARD SHALL: 4
	242	+
	243	+	(1) DEVELOP ENTERPRISE A RCHITECTURE STANDARD S FOR UNITS 5
	244	+	OF STATE GOVERNMENT TO A SSIST IN IDENTIFYING LEGACY SYSTEMS THAT 6
	245	+	REQUIRE MODERNIZATIO N; 7
	246	+
	247	+	(2) BEGINNING JANUARY 1, 2028, EVALUATE AND APPROVE ALL 8
	248	+	MAJOR INFORMATI ON TECHNOLOGY DEVELO PMENT PROJECTS INVOL VING THE 9
	249	+	MODERNIZATION OF INF ORMATION TECHNOLOGY AND LEGACY SYSTEMS ; AND 10
	250	+
	251	+	(3) ADOPT AN INFORMATION TECHNOLOGY INVESTMENT MATURITY 11
	252	+	MODEL THAT INCLUDES : 12
	253	+
	254	+	(I) CRITERIA TO INFORM I NVESTMENT DECISIONS ; 13
	255	+
	256	+	(II) PROCESSES TO DEVELOP THE INFORMATION REQUIRED TO 14
	257	+	EVALUATE INVESTMENT PROPOSALS AGAINST TH E CRITERIA UNDER ITE M (I) OF 15
	258	+	THIS ITEM; AND 16
	259	+
	260	+	(III) MANAGEMENT PROCESSES TO MONITOR THE 17
	261	+	IMPLEMENTATION OF AP PROVED MODERNIZATION PROJECTS. 18
	262	+
	263	+	(G) ON OR BEFORE DECEMBER 1 EACH YEAR, THE BOARD SHALL REPORT 19
	264	+	FUNDING DECISIONS MA DE UNDER SUBSECTION (F) OF THIS SECTION TO T HE 20
	265	+	BOARD OF PUBLIC WORKS. 21
	266	+
	267	+	3.5–316. 22
	268	+
	269	+	(a) (1) In this section the following words have the meanings indicated. 23
	270	+
	271	+	(2) “Commission” means the Modernize Maryland Oversight Commission. 24
	272	+
	273	+	(3) “Critical system” means an information technology or cybersecurity 25
	274	+	system that is severely outdated, as determined by the Department. 26
	275	+
	276	+	(4) “LEGACY SYSTEM ” HAS THE MEANING STAT ED IN § 3.5–309.1 OF 27
	277	+	THIS SUBTITLE. 28
	278	+
	279	+	(b) There is an independent Modernize Maryland Oversight Commission. 29 HOUSE BILL 1188 7
97	280
98	281
99	282
100		-	(2) ~~“Development” does not include~~: 1
	283	+	(c) The purpose of the Commission is to[: 1
101	284
102		-	(i) ongoing operating costs, software or hardware maintenance, 2
103		-	routine upgrades, or modifications that merely allow for a continuation of the existing level 3
104		-	of functionality; or 4
	285	+	(1) ensure the confidentiality, integrity, and availability of information 2
	286	+	held by the State concerning State residents; and 3
105	287
106		-	(ii) expenditures made after a new or enhanced system has been 5
107		-	legally accepted by the user and is being used for the business process for which it was 6
108		-	intended. 7
	288	+	(2) advise the Secretary and State Chief Information Security Officer on: 4
109	289
110		-	(e) “EXPEDITED PROJECT ” MEANS A PROJECT THAT IS NOT A MAJOR 8
111		-	INFORMATION TECHNOLO GY DEVELOPMENT PROJE CT THAT RECEIVES MON EY 9
112		-	FROM THE FUND IN A MANNER THAT ALLOWS FOR MODERNIZATION PR OJECTS 10
113		-	CONSISTENT WITH THE STATE MODERNIZATION PLAN TO MOVE FORWARD IN A 11
114		-	NIMBLE AND EXPEDITED MANNER. 12
	290	+	(i) the appropriate information technology and cybersecurity 5
	291	+	investments and upgrades; 6
115	292
116		-	(F) ~~“Fund” means~~ the ~~[Major~~ Information Technology ~~Development Project Fund] 13~~
117		-	~~INFORMATION TECHNOLOGY INVESTMENT FUND.~~ 14
	293	+	(ii) the funding sources for the appropriate information technology 7
	294	+	and cybersecurity upgrades; and 8
118	295
119		-	[(f)] (G) “Information technology” means all electronic information processing, 15
120		-	including: 16
	296	+	(iii) future mechanisms for the procurement of appropriate 9
	297	+	information technology and cybersecurity upgrades, including ways to increase the 10
	298	+	efficiency of procurements made for information technology and cybersecurity upgrades] 11
	299	+	ENSURE BEST PRACTICE S RELATED TO THE MODERNIZATION AN D THE 12
	300	+	REPLACEMENT OF LEGAC Y SYSTEMS. 13
121	301
122		-	(1) ~~maintenance; 17~~
	302	+	(d) The Commission consists of the following members: 14
123	303
124		-	(2) ~~NETWORKING~~ ; 18
	304	+	(1) the Secretary; 15
125	305
126		-	(3) ~~telecommunications~~; 19
	306	+	(2) the State Chief Information Security Officer; 16
127	307
128		-	[(3)] (4) hardware; 20
	308	+	(3) three chief information security officers representing different units of 17
	309	+	State government, appointed by the Governor; 18
129	310
130		-	[(4)] (5) software AND APPLICATIONS ; and 21
	311	+	(4) one information technology modernization expert with experience in 19
	312	+	the private sector, appointed by the Governor; 20
131	313
132		-	[(5)] (6) associated services. 22
	314	+	(5) one representative from the Maryland Chamber of Commerce with 21
	315	+	knowledge of cybersecurity issues; 22
133	316
134		-	~~[(g)]~~ (H) “Information technology ~~services” means information provided by~~ 23
135		-	~~electronic means~~ by ~~or on behalf of a unit of State government.~~ 24
	317	+	(6) two individuals who are end users of State information technology 23
	318	+	systems, appointed by the Governor; 24
136	319
137		-	(I) ~~“LEGACY SYSTEM ” MEANS A HARDWARE OR SOFTWARE SYSTEM THAT IS~~ 25
138		-	~~END OF SUPPORT OR EN D OF LIFE.~~ 26
	320	+	(7) one representative from the Cybersecurity Association of Maryland; 25
	321	+	[and] 26
139	322
140		-	~~[(h)]~~ (J) ~~(1) “Major~~ ~~information technology development project”~~ ~~means any~~ 27
141		-	~~information technology development project that meets one~~ or ~~more of~~ the ~~following~~ 28
142		-	~~criteria:~~ 29
143		-	4 HOUSE BILL 1188
	323	+	(8) one individual who is either an instructor or a professional in the 27
	324	+	academic field of cybersecurity at a college or university in the State, appointed by the 28
	325	+	Governor; AND 29
	326	+	8 HOUSE BILL 1188
144	327
145	328
146		-	[(1)] (I) EXCEPT AS PROVIDED I N PARAGRAPH (2) OF THIS 1
147		-	SUBSECTION, the estimated total cost of development equals or exceeds [$1,000,000] 2
148		-	$5,000,000; 3
	329	+	(9) ONE EMPLOYEE OF THE OFFICE OF LEGISLATIVE AUDITS, 1
	330	+	APPOINTED BY THE LEGISLATIVE AUDITOR. 2
149	331
150		-	~~[(2)]~~ (II) the ~~project is undertaken to support a critical business function 4~~
151		-	~~associated with the public health~~, ~~education~~, ~~safety, or financial well–being~~ of the ~~[citizens] 5~~
152		-	~~RESIDENTS of Maryland; or 6~~
	332	+	(e) The cochairs of the Joint Committee on Cybersecurity, Information 3
	333	+	Technology, and Biotechnology shall serve as advisory, nonvoting members of the 4
	334	+	Commission. 5
153	335
154		-	[(3)] (III) the Secretary determines that the project requires the special 7
155		-	attention and consideration given to a major information technology development project 8
156		-	due to: 9
	336	+	(F) THE UNIVERSITY OF MARYLAND GLOBAL CAMPUS SHALL STAFF TH E 6
	337	+	COMMISSION. 7
157	338
158		-	[(i)] 1. The ~~significance of the project’s potential benefits or risks; 10~~
	339	+	[(f)] (G) The Commission shall: 8
159	340
160		-	[(ii)~~] 2.~~ The ~~impact of the project~~ on ~~the public or local 11~~
161		-	~~governments; 12~~
	341	+	[(1) advise the Secretary on a strategic roadmap with a timeline and budget 9
	342	+	that will: 10
162	343
163		-	[(iii)] 3. The public visibility of the project; or 13
	344	+	(i) require the updates and investments of critical information 11
	345	+	technology and cybersecurity systems identified by the Commission in the first 12
	346	+	recommendations reported under paragraph (2) of this subsection to be completed on or 13
	347	+	before December 31, 2025; and 14
164	348
165		-	[(iv)] 4. Other reasons as determined by the Secretary. 14
	349	+	(ii) require all updates and investments of information technology 15
	350	+	and cybersecurity to be made on or before December 31, 2030; 16
166	351
167		-	(2) “MAJOR INFORMATION TEC HNOLOGY DEVELOPMENT PROJECT” 15
168		-	DOES NOT INCLUDE : 16
	352	+	(2) make periodic recommendations on investments in State information 17
	353	+	technology structures based on the assessments completed in accordance with the 18
	354	+	framework developed in § 3.5–317 of this subtitle; 19
169	355
170		-	(I) TECHNOLOGY THAT IS R EOCCURRING , STANDARD 17
171		-	OPERATING TECHNOLOGY AS DETERMINED BY THE SECRETARY AND SUBMITT ED TO 18
172		-	THE LEGISLATIVE POLICY COMMITTEE FOR A 30–DAY REVIEW AND COMME NT 19
173		-	PERIOD; OR 20
	356	+	(3) review and provide recommendations on the Department’s basic 20
	357	+	security standards for use of the network established under § 3.5–404(b) of this title; and 21
174	358
175		-	(II) A PROJECT WITH AN ES TIMATED TOTAL COST O F 21
176		-	DEVELOPMENT TH AT IS: 22
	359	+	(4) each year, in accordance with § 2–1257 of the State Government Article, 22
	360	+	report its findings and recommendations to the Senate Budget and Taxation Committee, 23
	361	+	the Senate Education, Health, and Environmental Affairs Committee, the House 24
	362	+	Appropriations Committee, the House Health and Government Operations Committee, and 25
	363	+	the Joint Committee on Cybersecurity, Information Technology, and Biotechnology.] 26
177	364
178		-	1~~. LESS THAN $5,000,000 AND IS FUNDED WITH M ONEY 23~~
179		-	~~SET ASIDE FOR EXPEDI TED PROJECTS IN THE FUND~~; ~~OR 24~~
	365	+	(1) IDENTIFY BEST PRACTICES FOR INFORM ATION TECHNOLOGY 27
	366	+	MODERNIZATION AND TH E REPLACEMENT OF LEG ACY SYSTEMS; 28
180	367
181		-	2~~. MORE THAN $5,000,000 AND IS FUNDED WITH T HE 25~~
182		-	~~MONEY SET ASIDE FOR EXPEDITED PROJECTS I N THE FUND IF THE SECRETARY 26~~
183		-	~~DETERMINES THAT : 27~~
	368	+	(2) PROVIDE RECOMMENDATI ONS FOR MODERNIZATIO N OF 29
	369	+	INFORMATION TECHNOLO GY SYSTEMS TO EACH U NIT OF STATE GOVERNMENT AND 30
	370	+	THE GENERAL ASSEMBLY; 31
184	371
185		-	A. THE UNIT OF STATE GOVERNMENT HAS SUFFICIENT 28
186		-	IMPLEMENTATION RESOU RCES, INCLUDING HUMAN CAPI TAL, SUBJECT MATTER 29
187		-	EXPERTISE, AND TECHNOLOGICAL IN FRASTRUCTURE , OR HAS THE MEANS TO 30
188		-	OBTAIN THESE RESOURC ES BEFORE PROJECT IN ITIATION; 31
189		-	HOUSE BILL 1188 5
190		-
191		-
192		-	B. THERE IS NO SUFFICIE NT ALTERNATIVE WITHIN T HE 1
193		-	STATE’S INFORMATION TECHNO LOGY INVENTORY ; AND 2
194		-
195		-	C. THE PROJECT WILL RES ULT IN A COMPREHENSI VE 3
196		-	SOLUTION DESIGNED TO MEET A COHESIVE SET OF BUSINESS AND TECH NOLOGICAL 4
197		-	OBJECTIVES. 5
198		-
199		-	[(i)] (K) “Master plan” means the statewide information technology master plan 6
200		-	and statewide cybersecurity strategy. 7
201		-
202		-	[(j)] (L) “Nonvisual access” means the ability, through keyboard control, 8
203		-	synthesized speech, Braille, or other methods not requiring sight to receive, use, and 9
204		-	manipulate information and operate controls necessary to access information technology in 10
205		-	accordance with standards adopted under § 3.5–303(b) of this subtitle. 11
206		-
207		-	[(k)] (M) “Resource sharing” means the utilization of a State resource by private 12
208		-	industry in exchange for the provision to the State of a communication service or other 13
209		-	consideration. 14
210		-
211		-	(N) “STATE MODERNIZATION PLAN” MEANS THE PLAN DEVEL OPED AND 15
212		-	ADOPTED BY THE SECRETARY TO MODERNIZ E STATE INFORMATION TEC HNOLOGY. 16
213		-
214		-	[(l)] (O) “Systems development life cycle plan” means a plan that defines all 17
215		-	actions, functions, or activities to be performed by a unit of State government in the 18
216		-	definition, planning, acquisition, development, testing, implementation, operation, 19
217		-	enhancement, and modification of information technology systems. 20
218		-
219		-	3.5–303. 21
220		-
221		-	(a) The Secretary is responsible for carrying out the following duties: 22
222		-
223		-	(4) developing and maintaining a statewide information technology master 23
224		-	plan that will: 24
225		-
226		-	(i) IN CONSULTATION WITH THE MODERNIZE MARYLAND 25
227		-	OVERSIGHT COMMISSION ESTABLISHE D UNDER § 3.5–316 OF THIS SUBTITLE , 26
228		-	centralize the management and direction of information technology policy within the 27
229		-	Executive Branch of State government under the control of the Department; 28
230		-
231		-	(ii) include all aspects of State information technology including 29
232		-	telecommunications, security, data processing, and information management; 30
233		-
234		-	(iii) consider interstate transfers as a result of federal legislation and 31
235		-	regulation; 32
236		-	6 HOUSE BILL 1188
237		-
238		-
239		-	(iv) ensure that the State information technology plan and related 1
240		-	policies and standards are consistent with State goals, objectives, and resources, and 2
241		-	represent a long–range vision for using information technology to improve the overall 3
242		-	effectiveness of State government; 4
243		-
244		-	(v) include standards to assure nonvisual access to the information 5
245		-	and services made available to the public over the Internet; and 6
246		-
247		-	(vi) allows a State agency to maintain the agency’s own information 7
248		-	technology unit that provides for information technology services to support the mission of 8
249		-	the agency; 9
250		-
251		-	3.5–307. 10
252		-
253		-	(a) (1) A unit of State government may not purchase, lease, or rent information 11
254		-	technology unless consistent with the master plan , AS DETERMINED BY THE 12
255		-	SECRETARY. 13
256		-
257		-	(2) A unit of State government other than a public institution of higher 14
258		-	education may not make expenditures for major information technology development 15
259		-	projects or cybersecurity projects except as provided in § 3.5–308 of this subtitle. 16
260		-
261		-	(b) The Secretary may review any information technology project or cybersecurity 17
262		-	project for consistency with the master plan. 18
263		-
264		-	(c) (1) A unit of State government shall advise the Secretary of any 19
265		-	information technology proposal involving: 20
266		-
267		-	(i) resource sharing; 21
268		-
269		-	(ii) the exchange of goods or services; 22
270		-
271		-	(iii) a gift, contribution, or grant of real or personal property; or 23
272		-
273		-	(iv) the sale, lease, exchange, or other disposition of communications 24
274		-	facilities or communications frequencies. 25
275		-
276		-	(2) The Secretary shall determine if the value of the resources, services, 26
277		-	property, or other consideration to be obtained by the State under the terms of any proposal 27
278		-	submitted in accordance with paragraph (1) of this subsection equals or exceeds $100,000. 28
279		-
280		-	(3) If the value of any proposal submitted in accordance with this 29
281		-	subsection equals or exceeds $100,000 and the Secretary and unit agree to proceed with the 30
282		-	proposal, information on the proposal shall be: 31
283		-
284		-	(i) advertised for a period of at least 30 days in the eMaryland 32
285		-	Marketplace; and 33 HOUSE BILL 1188 7
	372	+	(3) PROMOTE TRANSPAR ENCY IN MODERNIZATIO N EFFORTS IN UNITS 32
	373	+	OF STATE GOVERNMENT ; AND 33 HOUSE BILL 1188 9
286	374
287	375
288	376
289		-	(ii) submitted, simultaneously with the advertisement, to the 1
290		-	Legislative Policy Committee for a 60–day review and comment period, during which time 2
291		-	the Committee may recommend that the proposal be treated as a procurement contract 3
292		-	under Division II of this article. 4
	377	+	(4) EACH YEAR, IN ACCORDANCE WITH § 2–1257 OF THE STATE 1
	378	+	GOVERNMENT ARTICLE, REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE 2
	379	+	SENATE BUDGET AND TAXATION COMMITTEE, THE SENATE COMMITTEE ON 3
	380	+	EDUCATION, ENERGY, AND THE ENVIRONMENT , THE HOUSE APPROPRIATIONS 4
	381	+	COMMITTEE, THE HOUSE HEALTH AND GOVERNMENT OPERATIONS COMMITTEE, 5
	382	+	AND THE JOINT COMMITTEE ON CYBERSECURITY , INFORMATION TECHNOLOGY , 6
	383	+	AND BIOTECHNOLOGY . 7
293	384
294		-	(4) (I) [Following] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF 5
295		-	THIS PARAGRAPH , FOLLOWING the period for review and comment by the Legislative 6
296		-	Policy Committee under paragraph (3) of this subsection, the proposal is subject to approval 7
297		-	by the Board of Public Works. 8
	385	+	[(g)] (H) The report submitted under subsection [(f)(4)] (G)(4) of this section 8
	386	+	may not contain information about the security of an information system. 9
298	387
299		-	(II) A PROPOSAL TO MODERNIZ E AN INFORMATION 9
300		-	TECHNOLOGY SYSTEM SH ALL BE EXEMPT FROM A PPROVAL BY THE BOARD OF 10
301		-	PUBLIC WORKS AS PROVIDED IN § 12–101 OF THIS ARTICLE. 11
	388	+	12–101. 10
302	389
303		-	(5) This subsection may not be construed as authorizing an exception from 12
304		-	the requirements of Division II of this article for any contract that otherwise would be 13
305		-	subject to the State procurement process. 14
	390	+	(a) (1) This section does not apply to: 11
306	391
307		-	(6) THE DEPARTMENT ~~SHALL HIRE A CONTRACTOR TO ASSE SS~~ THE 15
308		-	~~PROCUREMENT PROCESS FOR INFORMATION TECH NOLOGY PROJECTS INVO LVING 16~~
309		-	~~MODERNIZATION . 17~~
	392	+	[(1)] (I) capital expenditures by the Department of Transportation or the 12
	393	+	Maryland Transportation Authority, in connection with State roads, bridges, or highways, 13
	394	+	as provided in § 12–202 of this title; [or] 14
310	395
311		-	(D) (1) THE DEPARTMENT OF GENERAL SERVICES, IN CONSULTATION 18
312		-	WITH THE DEPARTMENT , SHALL HIRE A CONSULT ANT TO ASSESS THE 19
313		-	PROCUREMENT PROCESS FOR INFORMATION TECH NOLOGY PROJECTS INVO LVING 20
314		-	MODERNIZATION AND MA KE RECOMMENDATIONS T O INCREASE THE STATE’S 21
315		-	ABILITY TO PROCEED W ITH A MODERNIZATION PROJECT IN A RAPID A ND 22
316		-	RESPONSIVE MANNER . 23
	396	+	[(2)] (II) procurements by the Department of General Services for the 15
	397	+	purpose of modernizing cybersecurity infrastructure for the State valued below $1,000,000; 16
	398	+	OR 17
317	399
318		-	(2) (I) ON OR BEFORE JULY 1, 2025, THE DEPARTMENT SHALL 24
319		-	INVENTORY AND ASSESS THE STATE’S LEGACY SYSTEMS AND PRIORITIZE 25
320		-	MODERNIZATION . 26
	400	+	(III) PROCUREMENTS BY THE DEPARTMENT OF INFORMATION 18
	401	+	TECHNOLOGY TO MODERNI ZE AN INFORMATION TE CHNOLOGY SYSTEM . 19
321	402
322		-	(II) ON OR BEFORE JANUARY 1, 2026, AND EVERY OTHER 27
323		-	JANUARY 1 THEREAFTER , THE DEPARTMENT , IN CONSULTATION WITH EACH UNIT 28
324		-	OF STATE GOVERNMENT , SHALL SUBMIT A REPORT TO THE GOVERNOR, THE 29
325		-	SECRETARY, AND, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 30
326		-	ARTICLE, THE GENERAL ASSEMBLY THAT PROVIDE S: 31
	403	+	(2) THE AMOUNT IN PARAGRA PH (1)(II) OF THIS SUBSECTION M AY BE 20
	404	+	ADJUSTED BY THE DEPARTMENT OF INFORMATION TECHNOLOGY EACH YEAR FOR 21
	405	+	INFLATION. 22
327	406
328		-	1. AN ESTIMATE OF THE F UNDING REQUIRED TO 32
329		-	MODERNIZE EACH LEGAC Y SYSTEM IN THE UNIT ; AND 33
	407	+	(b) (1) The Board may control procurement by units. 23
330	408
331		-	2. A 5–YEAR PROJECTION OF FUND ING REQUIRED TO 34
332		-	MODERNIZE EACH LEGAC Y SYSTEM. 35 8 HOUSE BILL 1188
	409	+	(2) To implement the provisions of this Division II, the Board may: 24
	410	+
	411	+	(i) set policy; 25
	412	+
	413	+	(ii) adopt regulations, in accordance with Title 10, Subtitle 1 of the 26
	414	+	State Government Article; and 27
	415	+
	416	+	(iii) establish internal operational procedures consistent with this 28
	417	+	Division II. 29
	418	+
	419	+	(3) The Board shall ensure that the regulations of the primary 30
	420	+	procurement units provide for procedures that are consistent with this Division II and Title 31 10 HOUSE BILL 1188
333	421
334	422
	423	+	13, Subtitle 4 of the State Personnel and Pensions Article and, to the extent the 1
	424	+	circumstances of a particular type of procurement or a particular unit do not require 2
	425	+	otherwise, are substantially the same. 3
335	426
336		-	3.5–308. 1
	427	+	(4) The Board may delegate any of its authority that it determines to be 4
	428	+	appropriate for delegation and may require prior Board approval for specified procurement 5
	429	+	actions. 6
337	430
338		-	(a) This section does not apply to a public institution of higher education. 2
	431	+	(5) Except as limited by the Maryland Constitution, the Board may 7
	432	+	exercise any control authority conferred on a primary procurement unit by this Division II 8
	433	+	and, to the extent that its action conflicts with the action of the primary procurement unit, 9
	434	+	the action of the Board shall prevail. 10
339	435
340		-	(b) [In] BEFORE submitting its information technology project requests, a unit 3
341		-	of State government shall [designate projects which are major information technology 4
342		-	development projects] SUBMIT INFORMATION I N SUPPORT OF THE REQ UEST 5
343		-	REQUIRED BY THE SECRETARY FOR REVIEW AND DETERMINATION CO NSISTENT 6
344		-	WITH § 3.5–301(J) OF THIS SUBTITLE . 7
	436	+	(c) On or before December 1 each year, the Department of General Services shall 11
	437	+	submit a report to the Board on procurements made under subsection (a)(2) of this section 12
	438	+	that shall include for each procurement: 13
345	439
346		-	(c) In reviewing information technology project requests, the Secretary may 8
347		-	change a unit’s designation of a major information technology development project. 9
	440	+	(1) the purpose of the procurement; 14
348	441
349		-	(d) The Secretary shall review and, with the advice of the Secretary of Budget and 10
350		-	Management, approve major information technology development projects and 11
351		-	specifications for consistency with all statewide plans, policies, and standards, including a 12
352		-	systems development life cycle plan. 13
	442	+	(2) the name of the contractor; 15
353	443
354		-	(e) The Secretary shall be responsible for overseeing the implementation of major 14
355		-	information technology development projects, regardless of fund source. 15
	444	+	(3) the contract amount; 16
356	445
357		-	(f) (1) With the advice of the Secretary of Budget and Management, 16
358		-	expenditures for major information technology development projects shall be subject to the 17
359		-	approval of the Secretary who shall approve expenditures only when those projects are 18
360		-	consistent with statewide plans, policies, and standards. 19
	446	+	(4) the method of procurement utilized; 17
361	447
362		-	(2) THE SECRETARY SHALL MAKE A RECOMME NDATION TO THE 20
363		-	SECRETARY OF BUDGET AND MANAGEMENT THAT PROJE CT FUNDS, REGARDLESS 21
364		-	OF FUND SOURCE , BE WITHHELD IF: 22
	448	+	(5) the number of bidders who bid on the procurement; and 18
365	449
366		-	(I) A UNIT OF STATE GOVERNMENT IS NOT CO NSISTENTLY 23
367		-	REPORTING ON THE STA TUS OF A PROJECT OR PROJECTS TO THE DEPARTMENT IN 24
368		-	THE FORM AND MANNER REQUIRED BY THE DEPARTMENT ; OR 25
	450	+	(6) the contract term. 19
369	451
370		-	(II) THE DEPARTMENT DETERMINES THAT PROJECT 26
371		-	IMPLEMENTATION ISSUE S EXIST, INCLUDING PROJECT TI MELINE DELAYS, 27
372		-	SIGNIFICANT COST INC REASES, VENDOR NONPERFORMANC E, DECREASED AGENCY 28
373		-	CAPACITY, OR OTHER ISSUES THAT INDICATE ISSUES OF C ONCERN THAT COULD 29
374		-	JEOPARDIZE SUCCESSFU L IMPLEMENTATION . 30
	452	+	SECTION 2. AND BE IT FURTHER ENACTED, That on or before December 1, 20
	453	+	2024, the Secretary of Information Technology shall: 21
375	454
376		-	(g) (1) The Secretary shall approve funding for major information technology 31
377		-	development projects, EXPEDITED PROJECTS , AND OTHER EXPENDITUR ES FROM THE 32
378		-	FUND only when [those]: 33
379		-	HOUSE BILL 1188 9
	455	+	(1) develop a strategic plan that includes modernization efforts and 22
	456	+	proposed modernization investments of information technology systems that are: 23
380	457
	458	+	(i) specific; 24
381	459
382		-	(I) THE MAJOR INFORMATIO N TECHNOLOGY DEVELOP MENT 1
383		-	PROJECTS OR THE EXPE DITED PROJECTS ARE I N COMPLIANCE WITH ST ATEWIDE 2
384		-	PLANS, POLICIES, AND STANDARDS, AS DETERMINED BY THE SECRETARY; AND 3
	460	+	(ii) measurable; 25
385	461
386		-	(II) THE MAJOR INFORMATIO N TECHNOLOGY DEVELOP MENT 4
387		-	projects are supported by an approved systems development life cycle plan. 5
	462	+	(iii) achievable; 26
388	463
389		-	(2) An approved systems development life cycle plan shall include 6
390		-	submission of: 7
	464	+	(iv) relevant; and 27
391	465
392		-	(i) a project planning request that details initial planning for the 8
393		-	project, including: 9
394		-
395		-	1. the project title, appropriation code, and summary; 10
396		-
397		-	2. a description of: 11
398		-
399		-	A. the [needs addressed by the project] BUSINESS AND 12
400		-	TECHNOLOGY OUTC OMES TO BE ACHIEVED BY THE PROJECT ; 13
401		-
402		-	B. THE FEATURES AVAILAB LE TO THE END USER O N 14
403		-	COMPLETION , INCLUDING USER ACCEP TANCE TESTING AND AC CESSIBILITY PLANS ; 15
404		-
405		-	C. the potential risks associated with the project; 16
406		-
407		-	[C.] D. possible alternatives; and 17
408		-
409		-	[D.] E. the scope and complexity of the project; and 18
410		-
411		-	3. an estimate of: 19
412		-
413		-	A. the total costs required to complete through planning; and 20
414		-
415		-	B. the fund sources available to support planning costs; and 21
416		-
417		-	(ii) a project implementation request to begin full design, 22
418		-	development, and implementation of the project after the completion of planning, including: 23
419		-
420		-	1. the project title, appropriation code, and summary; 24
421		-
422		-	2. a description of: 25
423		-
424		-	A. the [needs addressed by the project] BUSINESS AND 26
425		-	TECHNOLOGY OUTCOMES TO BE ACHIEVED BY TH E PROJECT AND THE ME TRICS BY 27
426		-	WHICH THE SUCCESS OF THOSE OUTCOMES WILL BE MEASURED ; 28
427		-	10 HOUSE BILL 1188
428		-
429		-
430		-	B. THE FEATURES AVAILAB LE TO THE END USER O N 1
431		-	COMPLETION , INCLUDING USER ACCEP TANCE TESTING AND AC CESSIBILITY PLANS; 2
432		-
433		-	C. the potential risks associated with the project; 3
434		-
435		-	[C.] D. possible alternatives; 4
436		-
437		-	[D.] E. the scope and complexity of the project; and 5
438		-
439		-	[E.] F. how the project meets the goals of the statewide 6
440		-	master plan; and 7
441		-
442		-	3. an estimate of: 8
443		-
444		-	A. the total project cost, BY PHASE; and 9
445		-
446		-	B. the fund sources [available] TO BE UTILIZED. 10
447		-
448		-	(3) The Secretary may approve funding incrementally, consistent with the 11
449		-	systems development life cycle plan. 12
450		-
451		-	(H) THE DEPARTMENT , IN CONSULTATION WITH THE MODERNIZE 13
452		-	MARYLAND COMMISSION ESTABLISHE D UNDER § 3.5–316 OF THIS SUBTITLE , 14
453		-	SHALL: 15
454		-
455		-	(1) DEVELOP STANDARDS FO R UNITS OF STATE GOVERNMENT TO 16
456		-	ASSIST IN IDENTIFYIN G LEGACY SYSTEMS THA T REQUIRE MODERNIZAT ION 17
457		-	PROJECTS APPROPRIATE TO BE FINANCED AS AN EXPEDITED PROJECT TH ROUGH 18
458		-	THE FUND; 19
459		-
460		-	(2) ADOPT AN INFORMATION TECHNOLOGY INVESTMENT MATURITY 20
461		-	MODEL THAT INCLUDES : 21
462		-
463		-	(I) CRITERIA TO INFORM A ND PRIORITIZE INVEST MENT 22
464		-	DECISIONS; 23
465		-
466		-	(II) PROCESSES TO DEVELOP THE INFORMATION REQU IRED TO 24
467		-	EVALUATE INVESTMENT PROPOSALS AGAINST THE CRITERIA UNDER ITEM (I) OF 25
468		-	THIS ITEM; AND 26
469		-
470		-	(III) MANAGEMENT PROCESSES TO MONITOR THE 27
471		-	IMPLEMENTATION OF AP PROVED MODERNIZATION PROJECTS; AND 28
472		-
473		-	(3) DEVELOP A STATE MODERNIZATION PLAN. 29
	466	+	(v) time–bound; 28
474	467		HOUSE BILL 1188 11
475	468
476	469
477		-	3.5–309. 1
	470	+	(2) develop a strategy for centralization of information technology 1
	471	+	management across the Executive Branch of State government under the Department of 2
	472	+	Information Technology; and 3
478	473
479		-	(a) ~~There is [a~~ ~~Major Information Technology Development Project Fund]~~ ~~AN 2~~
480		-	~~INFORMATION TECHNOLOGY INVESTMENT FUND~~. 3
	474	+	(3) submit the strategic plan and centralization strategy to the Governor 4
	475	+	and, in accordance with § 2–1257 of the State Government Article, the General Assembly. 5
481	476
482		-	(b) The purpose of the Fund is to support major information technology 4
483		-	development projects AND EXPEDITED PROJEC TS. 5
484		-
485		-	(c) The Secretary: 6
486		-
487		-	(1) shall administer the Fund in accordance with this section; and 7
488		-
489		-	(2) subject to the provisions of § 2–201 of this article and § 3.5–307 of this 8
490		-	subtitle, may receive and accept contributions, grants, or gifts of money or property. 9
491		-
492		-	(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 10
493		-	this article. 11
494		-
495		-	(2) The State Treasurer shall hold the Fund separately and the 12
496		-	Comptroller shall account for the Fund. 13
497		-
498		-	(3) The State Treasurer shall invest and reinvest the money of the Fund in 14
499		-	the same manner as other State money may be invested. 15
500		-
501		-	(4) Any investment earnings of the Fund shall be paid into the Fund. 16
502		-
503		-	(e) Except as provided in subsection (f) of this section, the Fund consists of: 17
504		-
505		-	(1) money appropriated in the State budget to the Fund; 18
506		-
507		-	(2) as approved by the Secretary, money received from: 19
508		-
509		-	(i) the sale, lease, or exchange of communication sites, 20
510		-	communication facilities, or communication frequencies for information technology 21
511		-	purposes; or 22
512		-
513		-	(ii) an information technology agreement inv olving resource 23
514		-	sharing; 24
515		-
516		-	(3) that portion of money earned from pay phone commissions to the extent 25
517		-	that the commission rates exceed those in effect in December 1993; 26
518		-
519		-	(4) money received and accepted as contributions, grants, or gifts as 27
520		-	authorized under subsection (c) of this section; 28
521		-	12 HOUSE BILL 1188
522		-
523		-
524		-	(5) general funds appropriated for major information technology 1
525		-	development projects of any unit of State government other than a public institution of 2
526		-	higher education that: 3
527		-
528		-	(i) are unencumbered and unexpended at the end of a fiscal year; 4
529		-
530		-	(ii) have been abandoned; or 5
531		-
532		-	(iii) have been withheld by the General Assembly or the Secretary; 6
533		-
534		-	(6) any investment earnings; and 7
535		-
536		-	(7) any other money from any source accepted for the benefit of the Fund. 8
537		-
538		-	(f) The Fund does not include any money: 9
539		-
540		-	(1) received by the Department of Transportation, the Maryland 10
541		-	Transportation Authority, Baltimore City Community College, or the Maryland Public 11
542		-	Broadcasting Commission; 12
543		-
544		-	(2) received by the Judicial or Legislative branches of State government; or 13
545		-
546		-	(3) generated from pay phone commissions that are credited to other 14
547		-	accounts or funds in accordance with other provisions of law or are authorized for other 15
548		-	purposes in the State budget or through an approved budget amendment. 16
549		-
550		-	(g) The Governor shall submit with the State budget: 17
551		-
552		-	(1) a summary showing the unencumbered balance in the Fund as of the 18
553		-	close of the prior fiscal year and a listing of any encumbrances; 19
554		-
555		-	(2) an estimate of projected revenue from each of the sources specified in 20
556		-	subsection (e) of this section for the fiscal year for which the State budget is submitted; 21
557		-	[and] 22
558		-
559		-	(3) a descriptive listing of MAJOR INFORMATION TE CHNOLOGY 23
560		-	DEVELOPMENT projects reflecting projected costs for the fiscal year for which the State 24
561		-	budget is submitted and any estimated future year costs; AND 25
562		-
563		-	(4) THE AMOUNT PROPOSED TO BE SET ASIDE FOR EXPEDITED 26
564		-	PROJECTS. 27
565		-
566		-	(h) Expenditures from the Fund shall be made only: 28
567		-
568		-	(1) in accordance with an appropriation approved by the General Assembly 29
569		-	in the annual State budget; [or] 30 HOUSE BILL 1188 13
570		-
571		-
572		-
573		-	(2) through an approved State budget amendment under Title 7, Subtitle 1
574		-	2, Part II of this article, provided that a State budget amendment for any project not 2
575		-	requested as part of the State budget submission or for any project for which the scope or 3
576		-	cost has increased by more than 5% or $250,000 shall be submitted to the budget 4
577		-	committees allowing a 30–day period for their review and comment; OR 5
578		-
579		-	(3) FOR EXPEDITED PROJECT CONTRACTS APPROVED F OR FUNDING 6
580		-	BY THE SECRETARY AND APPROVE D BY THE BOARD OF PUBLIC WORKS AS 7
581		-	PROVIDED IN § 12–101 OF THIS ARTICLE . 8
582		-
583		-	(i) The Fund may be used: 9
584		-
585		-	(1) for major information technology development projects; 10
586		-
587		-	(2) as provided in subsections (j) and [(l)] (M) of this section; [or] 11
588		-
589		-	(3) notwithstanding § 3.5–301(b)(2) of this subtitle, for the costs of the first 12
590		-	12 months of operation and maintenance of a major information technology development 13
591		-	project; 14
592		-
593		-	(4) FOR EXPEDITED PROJECTS ; OR 15
594		-
595		-	(5) FOR MAJOR INFORMATIO N TECHNOLOGY DEVELOP MENT 16
596		-	PROJECTS AND EXPEDIT ED PROJECTS THROUGH A REVOLVING LOAN PRO CESS 17
597		-	THROUGH WHICH AN AGE NCY MAY REIMBURSE TH E FUND IN FUTURE FISCAL YEARS 18
598		-	AS ESTABLISHED BY TH E SECRETARY IN REGULATI ON. 19
599		-
600		-	(j) Notwithstanding subsection (b) of this section and except for the cost incurred 20
601		-	in administering the Fund, each fiscal year up to $1,000,000 of this Fund may be used for: 21
602		-
603		-	(1) educationally related information technology projects; 22
604		-
605		-	(2) application service provider initiatives as provided for in Title 9, 23
606		-	Subtitle 22 of the State Government Article; or 24
607		-
608		-	(3) information technology projects, including: 25
609		-
610		-	(i) pilots; and 26
611		-
612		-	(ii) prototypes. 27
613		-
614		-	(k) A unit of State government or local government may submit a request to the 28
615		-	Secretary to support the cost of an information technology project with money under 29
616		-	subsection (j) of this section. 30
617		-	14 HOUSE BILL 1188
618		-
619		-
620		-	(L) (1) EACH FISCAL YEAR , AT LEAST 20% OF THE AMOUNT INCLUD ED IN 1
621		-	THE GOVERNOR’S ALLOWANCE AND APPR OPRIATED TO THE FUND SHALL BE SET 2
622		-	ASIDE TO BE USED FOR EXPEDITED PROJECTS . 3
623		-
624		-	(2) ANY AMOUNT SET ASIDE UNDER PARAGRAPH (1) OF THIS 4
625		-	SUBSECTION THAT IS N OT USED IN THE FISCA L YEAR THAT IT IS SE T ASIDE SHALL 5
626		-	REMAIN SET ASIDE IN THE FUND AND AVAILABLE TO BE USED FOR FUTURE 6
627		-	EXPEDITED PROJECTS . 7
628		-
629		-	[(l)] (M) (1) Notwithstanding subsection (b) of this section and in accordance 8
630		-	with paragraph (2) of this subsection, money paid into the Fund under subsection (e)(2) of 9
631		-	this section shall be used to support: 10
632		-
633		-	(i) the State telecommunication and computer network established 11
634		-	under § 3.5–404 of this title, including program development for these activities; and 12
635		-
636		-	(ii) the Statewide Public Safety Interoperability Radio System, also 13
637		-	known as Maryland First (first responder interoperable radio system team), under Title 1, 14
638		-	Subtitle 5 of the Public Safety Article. 15
639		-
640		-	(2) The Secretary may determine the portion of the money paid into the 16
641		-	Fund that shall be allocated to each program described in paragraph (1) of this subsection. 17
642		-
643		-	[(m)] (N) (1) On or before November 1 of each year, the Secretary shall report 18
644		-	to the Governor[,] AND the Secretary of Budget and Management[, and to the budget 19
645		-	committees of the General Assembly and submit a copy of the report to the General 20
646		-	Assembly,] AND, in accordance with § 2–1257 of the State Government Article, TO THE 21
647		-	SENATE BUDGET AND TAXATION COMMITTEE, THE SENATE COMMITTEE ON 22
648		-	EDUCATION, ENERGY, AND THE ENVIRONMENT , THE HOUSE APPROPRIATIONS 23
649		-	COMMITTEE, THE HOUSE HEALTH AND GOVERNMENT OPERATIONS COMMITTEE, 24
650		-	AND THE JOINT COMMITTEE ON CYBERSECURITY , INFORMATION TECHNOLOGY , 25
651		-	AND BIOTECHNOLOGY . 26
652		-
653		-	(2) The report shall include: 27
654		-
655		-	(i) the financial status of the Fund and a summary of its operations 28
656		-	for the preceding fiscal year; 29
657		-
658		-	(ii) an accounting for the preceding fiscal year of all money from each 30
659		-	of the revenue sources specified in subsection (e) of this section, including any expenditures 31
660		-	made from the Fund; and 32
661		-
662		-	(iii) for each project receiving money from the Fund in the preceding 33
663		-	fiscal year and for each major information technology development project OR EXPEDITED 34 HOUSE BILL 1188 15
664		-
665		-
666		-	PROJECT receiving funding from any source other than the Fund in the preceding fiscal 1
667		-	year: 2
668		-
669		-	1. the status of the project AND PROJECT FUNDING 3
670		-	DECISIONS; 4
671		-
672		-	2. a comparison of estimated and actual costs of the project; 5
673		-
674		-	3. any known or anticipated changes in scope or costs of the 6
675		-	project; 7
676		-
677		-	4. an evaluation of whether the project is using best 8
678		-	practices; and 9
679		-
680		-	5. a summary of any monitoring and oversight of the project 10
681		-	from outside the agency in which the project is being developed, including a description of 11
682		-	any problems identified by any external review and any corrective actions taken. 12
683		-
684		-	[(n)] (O) On or before January 15 of each year, for each major information 13
685		-	technology development project OR EXPEDITED PROJECT currently in development or for 14
686		-	which operations and maintenance funding is being provided in accordance with subsection 15
687		-	(i)(3) of this section, subject to § 2–1257 of the State Government Article, the Secretary 16
688		-	shall provide a summary report to the Department of Legislative Services with the most 17
689		-	up–to–date project information including: 18
690		-
691		-	(1) project FUNDING DECISIONS AN D PROJECT status; 19
692		-
693		-	(2) any schedule, cost, and scope changes since the last annual report; 20
694		-
695		-	(3) a risk assessment including any problems identified by any internal or 21
696		-	external review and any corrective actions taken; and 22
697		-
698		-	(4) any change in the monitoring or oversight status. 23
699		-
700		-	(P) (1) THE SECRETARY MAY ADOPT R EGULATIONS NECESSARY TO 24
701		-	CARRY OUT THIS SECTI ON. 25
702		-
703		-	(2) THE SECRETARY SHALL ADOPT REGULATIONS NECESSAR Y TO 26
704		-	ESTABLISH A PROCESS FOR UNITS OF STATE GOVERNMENT TO R EQUEST AND 27
705		-	RECEIVE FUNDING FOR AN EXPEDITED PROJECT ALIGNED WITH THE STATE 28
706		-	MODERNIZATION PLAN THAT SHALL : 29
707		-
708		-	(I) ALLOW UNITS OF STATE GOVERNMENT TO A PPLY FOR 30
709		-	PROJECT FUNDING BIAN NUALLY; 31
710		-	16 HOUSE BILL 1188
711		-
712		-
713		-	(II) BE CONSISTENT WITH T HE GOALS AND PREFERE NCES 1
714		-	ESTABLISHED UNDER TITLE 14 OF THIS ARTICLE AND ENCOURAGE SMALL AND 2
715		-	MINORITY BUSINESS EN TERPRISE VENDORS ; AND 3
716		-
717		-	(III) PROVIDE MEASURES THAT ENSURE COMPLIAN CE WITH THIS 4
718		-	SUBTITLE AND THE DEPARTMENT ’S REGULATIONS BY BOT H VENDORS AND UNITS OF 5
719		-	STATE GOVERNMENT . 6
720		-
721		-	3.5–309.1. 7
722		-
723		-	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 8
724		-	INDICATED. 9
725		-
726		-	(2) “FUND” MEANS THE INFORMATION TECHNOLOGY INVESTMENT 10
727		-	FUND. 11
728		-
729		-	(3) “LEGACY SYSTEM ” MEANS A HARDWARE OR SOFTWARE SYSTEM 12
730		-	THAT IS OUTMODED OR OBSOLETE. 13
731		-
732		-	(B) THERE IS AN INFORMATION TECHNOLOGY INVESTMENT FUND. 14
733		-
734		-	(C) (1) THE PURPOSE OF THE FUND IS TO ASSESS AND REPLACE LEGACY 15
735		-	SYSTEMS. 16
736		-
737		-	(2) THE DEPARTMENT SHALL HIRE A CONSULTANT TO ASSE SS A 17
738		-	LEGACY SYSTEM , PRIORITIZED BASED ON THE SECURITY RISK OF THE SYSTEM. 18
739		-
740		-	(D) THE SECRETARY SHALL ADMIN ISTER THE FUND. 19
741		-
742		-	(E) THE DEPARTMENT , IN CONSULTATION WITH EACH UNIT OF STATE 20
743		-	GOVERNMENT , SHALL DETERMINE THE FUNDIN G REQUIRED TO ASSESS EACH 21
744		-	LEGACY SYSTEM IN THE UNIT AND A 5–YEAR PROJECTION OF F UNDING REQUIRED 22
745		-	TO MODERNIZE THE LEG ACY SYSTEM. 23
746		-
747		-	(F) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 24
748		-	SUBJECT TO § 7–302 OF THIS ARTICLE. 25
749		-
750		-	(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 26
751		-	AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 27
752		-
753		-	(G) THE FUND CONSISTS OF : 28
754		-
755		-	(1) TO THE EXTENT PRACTI CABLE, MONEY RECEIVED FROM THE SALE 29
756		-	OF STATE GENERAL OBLIGAT ION BONDS; AND 30 HOUSE BILL 1188 17
757		-
758		-
759		-
760		-	(2) MONEY APPROPRIATED I N THE STATE BUDGET TO THE FUND. 1
761		-
762		-	(H) THE FUND MAY BE USED FOR LEGACY SYSTEM ASSESS MENTS AND 2
763		-	REPLACEMENTS . 3
764		-
765		-	(I) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 4
766		-	IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 5
767		-
768		-	(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 6
769		-	THE GENERAL FUND OF THE STATE. 7
770		-
771		-	(J) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 8
772		-	WITH THE STATE BUDGET . 9
773		-
774		-	(K) (1) BEGINNING IN FISCAL Y EAR 2026 AND EACH FISCAL YEAR 10
775		-	THEREAFTER , THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDGET BIL L AN 11
776		-	APPROPRIATION TO THE FUND. 12
777		-
778		-	(2) IN FISCAL YEAR 2026, THE APPROPRIATION MA DE UNDER 13
779		-	PARAGRAPH (1) OF THIS SUBSECTION S HALL BE GREATER THAN THE 14
780		-	DEPARTMENT ’S BUDGET FOR FISCAL YEAR 2025 FOR MAJOR INFORMATIO N 15
781		-	TECHNOLOGY DEVELOPME NT PROJECTS. 16
782		-
783		-	(L) ON OR BEFORE JANUARY 1, 2028, THE DEPARTMENT SHALL : 17
784		-
785		-	(1) ESTABLISH A PROCESS THROUGH WHICH THE PR OCESS TO ASSESS 18
786		-	AND REPLACE LEGACY S YSTEMS IS REPLACED W ITH THE PROCESS FOR APPROVING 19
787		-	AND REVIEWING MAJOR INFORMATION TECHNOLO GY DEVELOPMENT P ROJECTS 20
788		-	UNDER § 3.5–308 OF THIS SUBTITLE , INCLUDING GUARDRAILS TO ENSURE 21
789		-	COMPLIANCE WITH THE PROCESS; AND 22
790		-
791		-	(2) SUBMIT A REPORT TO T HE GOVERNOR AND , IN ACCORDANCE 23
792		-	WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY 24
793		-	ON THE PROCESS ESTABLISHED UNDER IT EM (1) OF THIS SUBSECTION . 25
794		-
795		-	3.5–309.2. 26
796		-
797		-	(A) IN THIS SECTION , “BOARD” MEANS THE TECHNOLOGY INVESTMENT 27
798		-	BOARD. 28
799		-
800		-	(B) THERE IS A TECHNOLOGY INVESTMENT BOARD IN THE DEPARTMENT . 29
801		-
802		-	(C) THE BOARD CONSISTS OF : 30 18 HOUSE BILL 1188
803		-
804		-
805		-
806		-	(1) THE SECRETARY, OR THE SECRETARY’S DESIGNEE; 1
807		-
808		-	(2) THE COMPTROLLER , OR THE COMPTROLLER ’S DESIGNEE; 2
809		-
810		-	(3) THE STATE TREASURER, OR THE STATE TREASURER’S DESIGNEE; 3
811		-
812		-	(4) THE GOVERNOR, OR THE GOVERNOR’S DESIGNEE; 4
813		-
814		-	(5) A MEMBER OF THE PUBL IC, APPOINTED BY THE GOVERNOR; AND 5
815		-
816		-	(6) ANY OTHER MEMBERS TH E GOVERNOR DETERMINES A RE 6
817		-	APPROPRIATE . 7
818		-
819		-	(D) THE SECRETARY OR THE SECRETARY’S DESIGNEE SHALL SER VE AS 8
820		-	CHAIR OF THE BOARD. 9
821		-
822		-	(E) THE DEPARTMENT SHALL PROV IDE STAFF FOR THE BOARD. 10
823		-
824		-	(F) THE BOARD SHALL: 11
825		-
826		-	(1) DEVELOP ENTERPRISE A RCHITECTURE STANDARDS FOR U NITS 12
827		-	OF STATE GOVERNMENT TO A SSIST IN IDENTIFYING LEGACY SYSTEMS THAT 13
828		-	REQUIRE MODERNIZATIO N; 14
829		-
830		-	(2) BEGINNING JANUARY 1, 2028, EVALUATE AND APPROVE ALL 15
831		-	MAJOR INFORMATION TE CHNOLOGY DEVELOPMENT PROJECTS INVOLVING T HE 16
832		-	MODERNIZATION OF INF ORMATION TECHNOLOGY AND LEGACY SYSTEMS ; AND 17
833		-
834		-	(3) ADOPT AN INFORMATION TECHNOLOGY INVESTMENT MATURITY 18
835		-	MODEL THAT INCLUDES : 19
836		-
837		-	(I) CRITERIA TO INFORM I NVESTMENT DECISIONS ; 20
838		-
839		-	(II) PROCESSES TO DEVELOP THE INFORMATION REQU IRED TO 21
840		-	EVALUATE INVESTMENT PROPOSALS AGAINST TH E CRITERIA UNDER ITE M (I) OF 22
841		-	THIS ITEM; AND 23
842		-
843		-	(III) MANAGEMENT PROCESSES TO MONITOR THE 24
844		-	IMPLEMENTATION OF AP PROVED MODERNIZATION PROJECTS. 25
845		-
846		-	(G) ON OR BEFORE DECEMBER 1 EACH YEAR, THE BOARD SHALL REPORT 26
847		-	FUNDING DECISIONS MA DE UNDER SUBSECTION (F) OF THIS SECTION TO T HE 27
848		-	BOARD OF PUBLIC WORKS. 28
849		-	HOUSE BILL 1188 19
850		-
851		-
852		-	3.5–316. 1
853		-
854		-	(a) (1) In this section the following words have the meanings indicated. 2
855		-
856		-	(2) “Commission” means the Modernize Maryland Oversight Commission. 3
857		-
858		-	(3) “Critical system” means an information technology or cybersecurity 4
859		-	system that is severely outdated, as determined by the Department. 5
860		-
861		-	(4) “LEGACY SYSTEM ” HAS THE MEANING STAT ED IN § 3.5–309.1 OF 6
862		-	THIS SUBTITLE. 7
863		-
864		-	(b) There is an independent Modernize Maryland Oversight Commission. 8
865		-
866		-	(c) The purpose of the Commission is to[: 9
867		-
868		-	(1) ensure the confidentiality, integrity, and availability of information 10
869		-	held by the State concerning State residents; and 11
870		-
871		-	(2) advise the Secretary and State Chief Information Security Officer on: 12
872		-
873		-	(i) the appropriate information technology and cybersecurity 13
874		-	investments and upgrades; 14
875		-
876		-	(ii) the funding sources for the appropriate information technology 15
877		-	and cybersecurity upgrades; and 16
878		-
879		-	(iii) future mechanisms for the procurement of appropriate 17
880		-	information technology and cybersecurity upgrades, including ways to increase the 18
881		-	efficiency of procurements made for information technology and cybersecurity upgrades] 19
882		-	ENSURE RECOMMEND BEST PRACTICES RELAT ED TO THE MODERNIZAT ION AND THE 20
883		-	REPLACEMENT OF LEGAC Y SYSTEMS. 21
884		-
885		-	(d) The Commission consists of the following members: 22
886		-
887		-	(1) the Secretary, OR THE SECRETARY’S DESIGNEE; 23
888		-
889		-	(2) the State Chief Information Security Officer, OR THE CHIEF 24
890		-	INFORMATION SECURITY OFFICER’S DESIGNEE; 25
891		-
892		-	(3) three chief information security officers representing different units of 26
893		-	State government, appointed by the Governor; 27
894		-
895		-	(4) one information technology modernization expert with experience in 28
896		-	the private sector, appointed by the Governor; 29
897		-	20 HOUSE BILL 1188
898		-
899		-
900		-	(5) one representative from RECOMMEND ED BY the Maryland Chamber 1
901		-	of Commerce with knowledge of cybersecurity issues, APPOINTED BY THE GOVERNOR; 2
902		-
903		-	(6) two individuals who are end users of State information technology 3
904		-	systems, appointed by the Governor; 4
905		-
906		-	(7) one representative from RECOMMENDE D BY the Cybersecurity 5
907		-	Association of Maryland, APPOINTED BY THE GOVERNOR; [and] 6
908		-
909		-	(8) one individual who is either an instructor or a professional in the 7
910		-	academic field of cybersecurity at a college or university in the State, appointed by the 8
911		-	Governor; AND 9
912		-
913		-	(9) ONE EMPLOYEE OF THE OFFICE OF LEGISLATIVE AUDITS, 10
914		-	APPOINTED BY THE LEGISLATIVE AUDITOR ONE REPRESENTATIVE O F THE 11
915		-	INFORMATION TECHNOLO GY INDUSTRY, APPOINTED BY THE GOVERNOR. 12
916		-
917		-	(e) The cochairs of the Joint Committee on Cybersecurity, Information 13
918		-	Technology, and Biotechnology shall serve as advisory, nonvoting members of the 14
919		-	Commission. 15
920		-
921		-	(F) THE UNIVERSITY OF MARYLAND GLOBAL CAMPUS SHALL STAFF TH E 16
922		-	COMMISSION. 17
923		-
924		-	(F) A MEMBER OF THE COMMISSION: 18
925		-
926		-	(1) MAY NOT RECEIVE COMP ENSATION AS A MEMBER OF THE 19
927		-	COMMISSION; BUT 20
928		-
929		-	(2) IS ENTITLED TO REIMB URSEMENT FOR EXPENSE S UNDER THE 21
930		-	STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 22
931		-
932		-	(G) (1) THE TERM OF AN APPOIN TED MEMBER IS 3 YEARS. 23
933		-
934		-	(2) THE TERMS OF MEMBERS ARE STAGGERED AS REQ UIRED BY THE 24
935		-	TERMS PROVIDED FOR M EMBERS OF THE COMMISSION ON JULY 1, 2024. 25
936		-
937		-	(3) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL 26
938		-	A SUCCESSOR IS APPOI NTED AND QUALIFIES . 27
939		-
940		-	(H) (1) THE DEPARTMENT , IN CONSULTATION WITH THE DEPARTMENT 28
941		-	OF LEGISLATIVE SERVICES, SHALL PROVIDE STAFF TO THE COMMISSION. 29
942		-
943		-	(2) THE SECRETARY OR THE SECRETARY’S DESIGNEE IS THE CH AIR 30
944		-	OF THE COMMISSION. 31 HOUSE BILL 1188 21
945		-
946		-
947		-
948		-	[(f)] (G) (I) The Commission shall: 1
949		-
950		-	[(1) advise the Secretary on a strategic roadmap with a timeline and budget 2
951		-	that will: 3
952		-
953		-	(i) require the updates and investments of critical information 4
954		-	technology and cybersecurity systems identified by the Commission in the first 5
955		-	recommendations reported under paragraph (2) of this subsection to be completed on or 6
956		-	before December 31, 2025; and 7
957		-
958		-	(ii) require all updates and investments of information technology 8
959		-	and cybersecurity to be made on or before December 31, 2030; 9
960		-
961		-	(2) make periodic recommendations on investments in State information 10
962		-	technology structures based on the assessments completed in accordance with the 11
963		-	framework developed in § 3.5–317 of this subtitle; 12
964		-
965		-	(3) review and provide recommendations on the Department’s basic 13
966		-	security standards for use of the network established under § 3.5–404(b) of this title; and 14
967		-
968		-	(4) each year, in accordance with § 2–1257 of the State Government Article, 15
969		-	report its findings and recommendations to the Senate Budget and Taxation Committee, 16
970		-	the Senate Education, Health, and Environmental Affairs Committee, the House 17
971		-	Appropriations Committee, the House Health and Government Operations Committee, and 18
972		-	the Joint Committee on Cybersecurity, Information Technology, and Biotechnology.] 19
973		-
974		-	(1) IDENTIFY BEST PRACTI CES FOR INFORMATION TECHNOLOGY 20
975		-	MODERNIZATION AND TH E REPLACEMENT OF LEG ACY SYSTEMS; 21
976		-
977		-	(2) PROVIDE RECOMMENDATI ONS FOR MODERNIZATIO N OF 22
978		-	INFORMATION TECHNOLO GY SYSTEMS TO EACH UNIT OF STATE GOVERNMENT THE 23
979		-	GOVERNOR, THE SECRETARY, AND THE GENERAL ASSEMBLY; 24
980		-
981		-	(3) PROVIDE RECOMMENDATI ONS TO PROMOTE TRANSPARENCY IN 25
982		-	MODERNIZATION EFFORT S IN UNITS OF STATE GOVERNMENT ; AND 26
983		-
984		-	(4) EACH YEAR, IN ACCORDANCE WITH § 2–1257 OF THE STATE 27
985		-	GOVERNMENT ARTICLE, REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE 28
986		-	GOVERNOR, THE SECRETARY, THE SENATE BUDGET AND TAXATION COMMITTEE, 29
987		-	THE SENATE COMMITTEE ON EDUCATION, ENERGY, AND THE ENVIRONMENT , THE 30
988		-	HOUSE APPROPRIATIONS COMMITTEE, THE HOUSE HEALTH AND GOVERNMENT 31
989		-	OPERATIONS COMMITTEE, AND THE JOINT COMMITTEE ON CYBERSECURITY , 32
990		-	INFORMATION TECHNOLOGY , AND BIOTECHNOLOGY . 33
991		-	22 HOUSE BILL 1188
992		-
993		-
994		-	[(g)] (H) (J) The report submitted under subsection [(f)(4)] (G)(4) (I)(4) of this 1
995		-	section may not contain information about the security of an information system. 2
996		-
997		-	12–101. 3
998		-
999		-	(a) (1) This section does not apply to: 4
1000		-
1001		-	[(1)] (I) capital expenditures by the Department of Transportation or the 5
1002		-	Maryland Transportation Authority, in connection with State roads, bridges, or highways, 6
1003		-	as provided in § 12–202 of this title; [or] 7
1004		-
1005		-	[(2)] (II) procurements by the Department of General Services for the 8
1006		-	purpose of modernizing cybersecurity infrastructure for the State valued below $1,000,000; 9
1007		-	OR 10
1008		-
1009		-	(III) PROCUREMENTS BY THE DEPARTMENT OF INFORMATION 11
1010		-	TECHNOLOGY TO MODERNI ZE AN INFORMATION TE CHNOLOGY SYSTEM . 12
1011		-
1012		-	(2) THE AMOUNT IN PARAGRA PH (1)(II) OF THIS SUBSECTION M AY BE 13
1013		-	ADJUSTED BY THE DEPARTMENT OF INFORMATION TECHNOLOGY EACH YEAR FOR 14
1014		-	INFLATION. 15
1015		-
1016		-	(b) (1) The Board may control procurement by units. 16
1017		-
1018		-	(2) To implement the provisions of this Division II, the Board may: 17
1019		-
1020		-	(i) set policy; 18
1021		-
1022		-	(ii) adopt regulations, in accordance with Title 10, Subtitle 1 of the 19
1023		-	State Government Article; and 20
1024		-
1025		-	(iii) establish internal operational procedures consistent with this 21
1026		-	Division II. 22
1027		-
1028		-	(3) The Board shall ensure that the regulations of the primary 23
1029		-	procurement units provide for procedures that are consistent with this Division II and Title 24
1030		-	13, Subtitle 4 of the State Personnel and Pensions Article and, to the extent the 25
1031		-	circumstances of a particular type of procurement or a particular unit do not require 26
1032		-	otherwise, are substantially the same. 27
1033		-
1034		-	(4) The Board may delegate any of its authority that it determines to be 28
1035		-	appropriate for delegation and may require prior Board approval for specified procurement 29
1036		-	actions. 30
1037		-
1038		-	(5) Except as limited by the Maryland Constitution, the Board may 31
1039		-	exercise any control authority conferred on a primary procurement unit by this Division II 32 HOUSE BILL 1188 23
1040		-
1041		-
1042		-	and, to the extent that its action conflicts with the action of the primary procurement unit, 1
1043		-	the action of the Board shall prevail. 2
1044		-
1045		-	(c) On or before December 1 each year, the Department of General Services shall 3
1046		-	submit a report to the Board on procurements made under subsection (a)(2) of this section 4
1047		-	that shall include for each procurement: 5
1048		-
1049		-	(1) the purpose of the procurement; 6
1050		-
1051		-	(2) the name of the contractor; 7
1052		-
1053		-	(3) the contract amount; 8
1054		-
1055		-	(4) the method of procurement utilized; 9
1056		-
1057		-	(5) the number of bidders who bid on the procurement; and 10
1058		-
1059		-	(6) the contract term. 11
1060		-
1061		-	SECTION 2. AND BE IT FURTHER ENACTED, That on or before December 1, 12
1062		-	2024, the Secretary of Information Technology shall: 13
1063		-
1064		-	(1) develop a strategic plan that includes modernization efforts and 14
1065		-	proposed modernization investments of information technology systems that are: 15
1066		-
1067		-	(i) specific; 16
1068		-
1069		-	(ii) measurable; 17
1070		-
1071		-	(iii) achievable; 18
1072		-
1073		-	(iv) relevant; and 19
1074		-
1075		-	(v) time–bound; 20
1076		-
1077		-	(2) develop a strategy for centralization of information technology 21
1078		-	management across the Executive Branch of State government under the Department of 22
1079		-	Information Technology; and 23
1080		-
1081		-	(3) submit the strategic plan and centralization strategy to the Governor 24
1082		-	and, in accordance with § 2–1257 of the State Government Article, the General Assembly. 25
1083		-
1084		-	12–101. 26
1085		-
1086		-	(D) A CONTRACT TO MODERNIZ E AN INFORMATION TEC HNOLOGY SYSTEM 27
1087		-	OR TO PROCEED WITH A N EXPEDITED PROJECT AS DEFINED IN § 3.5–301 OF THIS 28 24 HOUSE BILL 1188
1088		-
1089		-
1090		-	ARTICLE SHALL BE EXP EDITED FOR APPROVA L BY THE BOARD AND PLACED ON T HE 1
1091		-	AGENDA OF THE BOARD AS SOON AS PRAC TICABLE. 2
1092		-
1093		-	SECTION 2. AND BE IT FURTHER ENACTED, That on or before December 1, 3
1094		-	2025, the Secretary of Information Technology shall: 4
1095		-
1096		-	(1) develop a State Modernization Plan that includes: 5
1097		-
1098		-	(i) identification of technical debt and legacy systems, including 6
1099		-	their criticality, complexity, and risk to the State; 7
1100		-
1101		-	(ii) designation of priority systems and applications for 8
1102		-	modernization including rehosting, rebuilding, replacing, or retiring; 9
1103		-
1104		-	(iii) in consultation with the Comptroller, specific recommendations 10
1105		-	for a process to remove State agencies from the Annapolis Data Center mainframes 11
1106		-	consistent with the January 1, 2029, sunset goal of the Comptroller; 12
1107		-
1108		-	(iv) high level timeframe and cost estimates; 13
1109		-
1110		-	(v) identification of funding sources for the appropriate information 14
1111		-	technology and cybersecurity upgrades; and 15
1112		-
1113		-	(vi) plans to train and uptrain existing employees to be able to fully 16
1114		-	utilize technology as part of a modernization project. 17
1115		-
1116		-	(2) develop a strategy for centralization of information technology 18
1117		-	management across the Executive Branch of State government under the Department of 19
1118		-	Information Technology; 20
1119		-
1120		-	(3) identify positions in the Department of Information Technology that 21
1121		-	would be suitable for independent salary setting authority or greater flexibility in position 22
1122		-	classification to ensure the Department can recruit and retain the necessary staff to meet 23
1123		-	the mission of the Department; and 24
1124		-
1125		-	(4) submit the strategic plan and centralization strategy to the Governor 25
1126		-	and, in accordance with § 2–1257 of the State Government Article, the General Assembly. 26
1127		-
1128		-	SECTION 3. AND BE IT FURTHER ENACTED, That, beginning in fiscal year 2026, 27
1129		-	the Governor shall include in the annual budget bill two position identification numbers 28
1130		-	and an appropriation in an amount sufficient to create two positions within the Department 29
1131		-	of Information Technology to carry out duties as follows: 30
1132		-
1133		-	(1) one shall assist in administering the process for units of State 31
1134		-	government to apply for expedited projects under this Act; and 32
1135		-	HOUSE BILL 1188 25
1136		-
1137		-
1138		-	(2) one position shall be a grants administrator responsible for aggressively 1
1139		-	seeking all possible federal or private grant funding to support major information 2
1140		-	technology projects or expedited projects under this Act. 3
1141		-
1142		-	SECTION 4. AND BE IT FURTHER ENACTED, That, on or before December 1, 4
1143		-	2024, the Joint Audit and Evaluation Committee, in consultation with the Joint Committee 5
1144		-	on Cybersecurity, Information Technology, and Biotechnology, shall study and make 6
1145		-	recommendations for any statutory and operational changes necessary to address the 7
1146		-	findings of the audit issued on April 2, 2024, by the Office of Legislative Audits in the 8
1147		-	Department of Legislative Services and shall report on any recommendations for statutory 9
1148		-	changes to the Governor and, in accordance with § 2–1257 of the State Government Article, 10
1149		-	the General Assembly, including the Senate Budget and Taxation Committee, the Senate 11
1150		-	Committee on Education, Energy, and the Envir onment, the House Appropriations 12
1151		-	Committee, and the House Health and Government Operations Committee. 13
1152		-
1153		-	SECTION 5. AND BE IT FURTHER ENACTED, That the terms of the appointed 14
1154		-	members of the Modernize Maryland Commission shall expire as follows: 15
1155		-
1156		-	(1) two members on July 1, 2024, as determined by the Governor; 16
1157		-
1158		-	(2) two members on July 1, 2025, as determined by the Governor; and 17
1159		-
1160		-	(3) the remaining appointed member on July 1, 2026. 18
1161		-
1162		-	SECTION 3. 6. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
1163		-	October July 1, 2024. 20
1164		-
1165		-
1166		-
1167		-
1168		-	Approved:
1169		-	________________________________________________________________________________
1170		-	Governor.
1171		-	________________________________________________________________________________
1172		-	Speaker of the House of Delegates.
1173		-	________________________________________________________________________________
1174		-	President of the Senate.
	477	+	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
	478	+	October 1, 2024. 7