Maryland 2024 Regular Session

Maryland Senate Bill SB818 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 496
2	1
3		-	– 1 –
4		-	Chapter 496
5		-	(Senate Bill 818)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	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	+	Italics indicate opposite chamber/conference committee amendments.
	9	+	sb0818
8	10
9		-	Information Technology – Artificial Intelligence – Policies and Procedures
10		-	(Artificial Intelligence Governance Act of 2024)
	11	+	SENATE BILL 818
	12	+	S1, P2, K3 (4lr1621)
	13	+	ENROLLED BILL
	14	+	— Education, Energy, and the Environment/Health and Government Operations —
	15	+	Introduced by Senators Hester, Gile, Augustine, Elfreth, Ellis, Feldman, Ferguson,
	16	+	Jackson, Lam, Rosapepe, Smith, Waldstreicher, West, and Zucker Zucker,
	17	+	Brooks, Lewis Young, Simonaire, M. Washington, and Watson
11	18
12		-	FOR the purpose of requiring each unit of State government to conduct a certain annual
13		-	data inventory, a certain annual inventory of systems that employ artificial
14		-	intelligence, and a certain impact assessment on or before a certain date; requiring
15		-	prohibiting the Department of Information Technology from making certain
16		-	information publicly available under certain circumstances to conduct ongoing
17		-	monitoring of certain systems under certain circumstances ; requiring the
18		-	Department of Information Technology, in consultation with the Governor’s Artificial
19		-	Intelligence Subcabinet of the Governor’s Executive Council, to adopt policies and
20		-	procedures concerning the development, procurement, implementation deployment,
21		-	use, and assessment of systems that employ artificial intelligence by units of State
22		-	government; prohibiting a unit of State government from implementing deploying or
23		-	using a system that employs artificial intelligence under certain circumstances
24		-	beginning on a certain date; requiring a unit of State government to conduct certain
25		-	regular impact assessments under certain circumstances; exempting the Office of the
26		-	Attorney General, the Comptroller, the Treasurer, and certain public institutions of
27		-	higher education from certain provisions; establishing the Governor’s Artificial
28		-	Intelligence Subcabinet of the Governor’s Executive Council; establishing
29		-	competitive proof of concept procurement as a formal competitive procurement
30		-	method for the procurement of certain products and services; exempting certain
31		-	competitive proof of concept procurements from oversight by the Board of Public
32		-	Works; requiring the Department of General Services, in consultation with the
33		-	Department of Information Technology, to develop certain policies and procedures
34		-	for the development and implementation of competitive proof of concept
35		-	procurements; requiring the Subcabinet to develop a certain roadmap; and generally
36		-	relating to the use of artificial intelligence by units of State government.
	19	+	Read and Examined by Proofreaders:
37	20
38		-	BY repealing and reenacting, without amendments,
39		-	Article – State Finance and Procurement
40		-	Section 3.5–101(a), (c), (d), and (f)
41		-	Annotated Code of Maryland
42		-	(2021 Replacement Volume and 2023 Supplement)
	21	+	_______________________________________________
	22	+	Proofreader.
	23	+	_______________________________________________
	24	+	Proofreader.
43	25
44		-	BY repealing and reenacting, with amendments,
45		-	Article – State Finance and Procurement
46		-	Section 3.5–301, 3.5–303(a), and 12–101 Section 3.5–301 and 3.5–303(a)
47		-	Annotated Code of Maryland
48		-	(2021 Replacement Volume and 2023 Supplement)
49		-	Ch. 496 2024 LAWS OF MARYLAND
	26	+	Sealed with the Great Seal and presented to the Governor, for his approval this
50	27
51		-	– 2 –
52		-	BY adding to
53		-	Article – State Finance and Procurement
54		-	Section 3.5–318; 3.5–801 through 3.5–805 3.5–806 to be under the new subtitle
55		-	“Subtitle 8. Artificial Intelligence”; and 13–116
56		-	Annotated Code of Maryland
57		-	(2021 Replacement Volume and 2023 Supplement)
	28	+	_______ day of _______________ at ________________________ o’clock, __ ______M.
58	29
59		-	Preamble
	30	+	______________________________________________
	31	+	President.
60	32
61		-	WHEREAS, Artificial intelligence is transforming society and work, and the pace of
62		-	that change will present new opportunities and risks for the State’s residents, workers, and
63		-	economy; and
	33	+	CHAPTER ______
64	34
65		-	WHEREAS, The State must ensure the responsible, ethical, beneficial, and
66		-	trustworthy use of artificial intelligence in State government; and
	35	+	AN ACT concerning 1
67	36
68		-	WHEREAS, The State is home to a rich and growing artificial intelligence ecosystem
69		-	of academic, industry, government, and civil society experts, researchers, builders,
70		-	organizers, and stakeholders; and
	37	+	Information Technology – Artificial Intelligence – Policies and Procedures 2
	38	+	(Artificial Intelligence Governance Act of 2024) 3
71	39
72		-	WHEREAS, To foster an environment for innovation while respecting individuals,
73		-	employees, and civil rights, as artificial intelligence technologies are developed and evolve,
74		-	the technologies should be analyzed and monitored by government officials, industry
75		-	experts, consumer protection advocates, and other stakeholders; and
	40	+	FOR the purpose of requiring each unit of State government to conduct a certain annual 4
	41	+	data inventory, a certain annual inventory of systems that employ artificial 5
	42	+	intelligence, and a certain impact assessment on or before a certain date; requiring 6
	43	+	prohibiting the Department of Information Technology from making certain 7
	44	+	information publicly available under certain circumstances to conduct ongoing 8
	45	+	monitoring of certain systems under certain circumstances ; requiring the 9
	46	+	Department of Information Technology, in consultation with the Governor’s Artificial 10
	47	+	Intelligence Subcabinet of the Governor’s Executive Council, to adopt policies and 11
	48	+	procedures concerning the development, procurement, implementation deployment, 12
	49	+	use, and assessment of systems that employ artificial intelligence by units of State 13 2 SENATE BILL 818
76	50
77		-	WHEREAS, Given the rapid rate of change in artificial intelligence technologies and
78		-	industry, the State must chart a principled yet adaptable, pragmatic path forward, so that
79		-	the technologies’ benefits can be confidently harnessed on behalf of Marylanders and in
80		-	service of the Governor’s mission to Leave No One Behind; and
81	51
82		-	WHEREAS, Leaders across State government share a common interest in
83		-	establishing effective artificial intelligence governance and are committed to working
84		-	together to develop the legal and policy framework for its responsible use in the State; and
	52	+	government; prohibiting a unit of State government from implementing deploying or 1
	53	+	using a system that employs artificial intelligence under certain circumstances 2
	54	+	beginning on a certain date; requiring a unit of State government to conduct certain 3
	55	+	regular impact assessments under certain circumstances; exempting the Office of the 4
	56	+	Attorney General, the Comptroller, the Treasurer, and certain public institutions of 5
	57	+	higher education from certain provisions; establishing the Governor’s Artificial 6
	58	+	Intelligence Subcabinet of the Governor’s Executive Council; establishing 7
	59	+	competitive proof of concept procurement as a formal competitive procurement 8
	60	+	method for the procurement of certain products and services; exempting certain 9
	61	+	competitive proof of concept procurements from oversight by the Board of Public 10
	62	+	Works; requiring the Department of General Services, in consultation with the 11
	63	+	Department of Information Technology, to develop certain policies and procedures 12
	64	+	for the development and implementation of competitive proof of concept 13
	65	+	procurements; requiring the Subcabinet to develop a certain roadmap; and generally 14
	66	+	relating to the use of artificial intelligence by units of State government. 15
85	67
86		-	WHEREAS, Automated systems should be safe and effective, developed with
87		-	consultation from diverse communities, stakeholders, and domain experts to identify
88		-	concerns, risks, and potential impacts of the systems; and
	68	+	BY repealing and reenacting, without amendments, 16
	69	+	Article – State Finance and Procurement 17
	70	+	Section 3.5–101(a), (c), (d), and (f) 18
	71	+	Annotated Code of Maryland 19
	72	+	(2021 Replacement Volume and 2023 Supplement) 20
89	73
90		-	WHEREAS, Designers, developers, and deployers of automated systems should take
91		-	proactive and continuous measures to protect individuals and communities from
92		-	algorithmic discrimination and to use and design systems in an equitable way; and
	74	+	BY repealing and reenacting, with amendments, 21
	75	+	Article – State Finance and Procurement 22
	76	+	Section 3.5–301, 3.5–303(a), and 12–101 Section 3.5–301 and 3.5–303(a) 23
	77	+	Annotated Code of Maryland 24
	78	+	(2021 Replacement Volume and 2023 Supplement) 25
93	79
94		-	WHEREAS, Designers, developers, and deployers of automated systems should seek
95		-	permission and respect decisions regarding collection, use, access, transfer, and deletion of
96		-	data in appropriate ways and to the greatest extent possible; where not possible, alternative
97		-	privacy by design safeguards should be used; and WES MOORE, Governor Ch. 496
	80	+	BY adding to 26
	81	+	Article – State Finance and Procurement 27
	82	+	Section 3.5–318; 3.5–801 through 3.5–805 3.5–806 to be under the new subtitle 28
	83	+	“Subtitle 8. Artificial Intelligence”; and 13–116 29
	84	+	Annotated Code of Maryland 30
	85	+	(2021 Replacement Volume and 2023 Supplement) 31
98	86
99		-	~~– 3 –~~
	87	+	Preamble 32
100	88
101		-	WHEREAS, Designers, developers, and deployers of automated systems should
102		-	provide generally accessible plain language documentation including clear descriptions of
103		-	the overall system functioning and the role automation plays, notice that such systems are
104		-	in use, the individual or organization responsible for the system, and explanations of
105		-	outcomes that are clear, timely, and accessible; and
	89	+	WHEREAS, Artificial intelligence is transforming society and work, and the pace of 33
	90	+	that change will present new opportunities and risks for the State’s residents, workers, and 34
	91	+	economy; and 35
106	92
107		-	WHEREAS, Designers, developers, and deployers of automated systems should
108		-	consider the specific types of actions for which a human alternative is appropriate,
109		-	commensurate with the magnitude of the action and risk of harm, along with the extent to
110		-	which a human alternative would be beneficial to individuals and the public interest; now,
111		-	therefore,
	93	+	WHEREAS, The State must ensure the responsible, ethical, beneficial, and 36
	94	+	trustworthy use of artificial intelligence in State government; and 37
112	95
113		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
114		-	That the Laws of Maryland read as follows:
	96	+	WHEREAS, The State is home to a rich and growing artificial intelligence ecosystem 38
	97	+	of academic, industry, government, and civil society experts, researchers, builders, 39
	98	+	organizers, and stakeholders; and 40 SENATE BILL 818 3
115	99
116		-	Article – State Finance and Procurement
117	100
118		-	3.5–101.
119	101
120		-	(a) In this title the following words have the meanings indicated.
	102	+	WHEREAS, To foster an environment for innovation while respecting individuals, 1
	103	+	employees, and civil rights, as artificial intelligence technologies are developed and evolve, 2
	104	+	the technologies should be analyzed and monitored by government officials, industry 3
	105	+	experts, consumer protection advocates, and other stakeholders; and 4
121	106
122		-	(c) “Department” means the Department of Information Technology.
	107	+	WHEREAS, Given the rapid rate of change in artificial intelligence technologies and 5
	108	+	industry, the State must chart a principled yet adaptable, pragmatic path forward, so that 6
	109	+	the technologies’ benefits can be confidently harnessed on behalf of Marylanders and in 7
	110	+	service of the Governor’s mission to Leave No One Behind; and 8
123	111
124		-	(d) “Secretary” means the Secretary of Information Technology.
	112	+	WHEREAS, Leaders across State government share a common interest in 9
	113	+	establishing effective artificial intelligence governance and are committed to working 10
	114	+	together to develop the legal and policy framework for its responsible use in the State; and 11
125	115
126		-	(f) “Unit of State government” means an agency or unit of the Executive Branch
127		-	of State government.
	116	+	WHEREAS, Automated systems should be safe and effective, developed with 12
	117	+	consultation from diverse communities, stakeholders, and domain experts to identify 13
	118	+	concerns, risks, and potential impacts of the systems; and 14
128	119
129		-	3.5–301.
	120	+	WHEREAS, Designers, developers, and deployers of automated systems should take 15
	121	+	proactive and continuous measures to protect individuals and communities from 16
	122	+	algorithmic discrimination and to use and design systems in an equitable way; and 17
130	123
131		-	(a) In this subtitle the following words have the meanings indicated.
	124	+	WHEREAS, Designers, developers, and deployers of automated systems should seek 18
	125	+	permission and respect decisions regarding collection, use, access, transfer, and deletion of 19
	126	+	data in appropriate ways and to the greatest extent possible; where not possible, alternative 20
	127	+	privacy by design safeguards should be used; and 21
132	128
133		-	(B) “ARTIFICIAL INTELLIGEN CE” HAS THE MEANING STAT ED IN § 3.5–801
134		-	OF THIS TITLE.
	129	+	WHEREAS, Designers, developers, and deployers of automated systems should 22
	130	+	provide generally accessible plain language documentation including clear descriptions of 23
	131	+	the overall system functioning and the role automation plays, notice that such systems are 24
	132	+	in use, the individual or organization responsible for the system, and explanations of 25
	133	+	outcomes that are clear, timely, and accessible; and 26
135	134
136		-	[(b)] (C) “Cybersecurity” means processes or capabilities wherein systems,
137		-	communications, and information are protected and defended against damage,
138		-	unauthorized use or modification, and exploitation.
	135	+	WHEREAS, Designers, developers, and deployers of automated systems should 27
	136	+	consider the specific types of actions for which a human alternative is appropriate, 28
	137	+	commensurate with the magnitude of the action and risk of harm, along with the extent to 29
	138	+	which a human alternative would be beneficial to individuals and the public interest; now, 30
	139	+	therefore, 31
139	140
140		-	~~[(c)] (D) “Cybersecurity~~ ~~strategy” means a vision,~~ ~~a plan~~ of ~~action~~, ~~or guiding~~
141		-	~~principles.~~
	141	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 32
	142	+	That the Laws of Maryland read as follows: 33
142	143
143		-	[(d)] (E) (1) “Development” means all expenditures for a new information
144		-	technology system or an enhancement to an existing system including system:
145		-	Ch. 496 2024 LAWS OF MARYLAND
	144	+	Article – State Finance and Procurement 34
146	145
147		-	– ~~4 –~~
148		-	~~(i) planning;~~
	146	+	3.5–101. 35
	147	+	4 SENATE BILL 818
149	148
150		-	(ii) creation;
151	149
152		-	(~~iii~~) ~~installation;~~
	150	+	(a) In this title the following words have the meanings indicated. 1
153	151
154		-	(iv) ~~testing; and~~
	152	+	(c) “Department” means the Department of Information Technology. 2
155	153
156		-	(v) ~~initial training~~.
	154	+	(d) “Secretary” means the Secretary of Information Technology. 3
157	155
158		-	(2) “Development” does not include:
	156	+	(f) “Unit of State government” means an agency or unit of the Executive Branch 4
	157	+	of State government. 5
159	158
160		-	(i) ongoing operating costs, software or hardware maintenance,
161		-	routine upgrades, or modifications that merely allow for a continuation of the existing level
162		-	of functionality; or
	159	+	3.5–301. 6
163	160
164		-	(ii) expenditures made after a new or enhanced system has been
165		-	legally accepted by the user and is being used for the business process for which it was
166		-	intended.
	161	+	(a) In this subtitle the following words have the meanings indicated. 7
167	162
168		-	~~[(e)]~~ (F) “~~Fund~~” ~~means~~ the ~~Major Information Technology Development Project~~
169		-	~~Fund~~.
	163	+	(B) “ARTIFICIAL INTELLIGEN CE” HAS THE MEANING STAT ED IN § 3.5–801 8
	164	+	OF THIS TITLE. 9
170	165
171		-	[(f)] (G) “Information technology” means all electronic information processing,
172		-	including:
	166	+	[(b)] (C) “Cybersecurity” means processes or capabilities wherein systems, 10
	167	+	communications, and information are protected and defended against damage, 11
	168	+	unauthorized use or modification, and exploitation. 12
173	169
174		-	(1) maintenance;
	170	+	[(c)] (D) “Cybersecurity strategy” means a vision, a plan of action, or guiding 13
	171	+	principles. 14
175	172
176		-	(2) telecommunications;
	173	+	[(d)] (E) (1) “Development” means all expenditures for a new information 15
	174	+	technology system or an enhancement to an existing system including system: 16
177	175
178		-	(3) ~~hardware~~;
	176	+	(i) planning; 17
179	177
180		-	(4) ~~software~~; ~~and~~
	178	+	(ii) creation; 18
181	179
182		-	(5) ~~associated services.~~
	180	+	(iii) installation; 19
183	181
184		-	[(g)] (H) “Information technology services” means information provided by
185		-	electronic means by or on behalf of a unit of State government.
	182	+	(iv) testing; and 20
186	183
187		-	[(h)] (I) “Major information technology development project” means any
188		-	information technology development project that meets one or more of the following
189		-	criteria:
	184	+	(v) initial training. 21
190	185
191		-	(1) the estimated total cost of development equals or exceeds $1,000,000;
192		-	WES MOORE, Governor Ch. 496
	186	+	(2) “Development” does not include: 22
193	187
194		-	– 5 –
195		-	(2) the project is undertaken to support a critical business function
196		-	associated with the public health, education, safety, or financial well–being of the citizens
197		-	of Maryland; or
	188	+	(i) ongoing operating costs, software or hardware maintenance, 23
	189	+	routine upgrades, or modifications that merely allow for a continuation of the existing level 24
	190	+	of functionality; or 25
198	191
199		-	(3) the Secretary determines that the project requires the special attention
200		-	and consideration given to a major information technology development project due to:
	192	+	(ii) expenditures made after a new or enhanced system has been 26
	193	+	legally accepted by the user and is being used for the business process for which it was 27
	194	+	intended. 28
	195	+	SENATE BILL 818 5
201	196
202		-	(i) the significance of the project’s potential benefits or risks;
203	197
204		-	(ii) the impact of the project on the public or local governments;
	198	+	[(e)] (F) “Fund” means the Major Information Technology Development Project 1
	199	+	Fund. 2
205	200
206		-	(iii) the public visibility of the project; or
	201	+	[(f)] (G) “Information technology” means all electronic information processing, 3
	202	+	including: 4
207	203
208		-	(iv) ~~other reasons as determined by the Secretary.~~
	204	+	(1) maintenance; 5
209	205
210		-	[(i)] (J) “Master plan” means the statewide information technology master plan
211		-	and statewide cybersecurity strategy.
	206	+	(2) telecommunications; 6
212	207
213		-	[(j)] (K) “Nonvisual access” means the ability, through keyboard control,
214		-	synthesized speech, Braille, or other methods not requiring sight to receive, use, and
215		-	manipulate information and operate controls necessary to access information technology in
216		-	accordance with standards adopted under § 3.5–303(b) of this subtitle.
	208	+	(3) hardware; 7
217	209
218		-	[(k)] (L) “Resource sharing” means the utilization of a State resource by private
219		-	industry in exchange for the provision to the State of a communication service or other
220		-	consideration.
	210	+	(4) software; and 8
221	211
222		-	[(l)] (M) “Systems development life cycle plan” means a plan that defines all
223		-	actions, functions, or activities to be performed by a unit of State government in the
224		-	definition, planning, acquisition, development, testing, implementation, operation,
225		-	enhancement, and modification of information technology systems.
	212	+	(5) associated services. 9
226	213
227		-	3.5–303.
	214	+	[(g)] (H) “Information technology services” means information provided by 10
	215	+	electronic means by or on behalf of a unit of State government. 11
228	216
229		-	(a) The Secretary is responsible for carrying out the following duties:
	217	+	[(h)] (I) “Major information technology development project” means any 12
	218	+	information technology development project that meets one or more of the following 13
	219	+	criteria: 14
230	220
231		-	(1) developing, maintaining, revising, and enforcing information
232		-	technology policies, procedures, and standards;
	221	+	(1) the estimated total cost of development equals or exceeds $1,000,000; 15
233	222
234		-	(2) providing technical assistance, advice, and recommendations to the
235		-	Governor and any unit of State government concerning information technology matters;
	223	+	(2) the project is undertaken to support a critical business function 16
	224	+	associated with the public health, education, safety, or financial well–being of the citizens 17
	225	+	of Maryland; or 18
236	226
237		-	(3) reviewing the annual project plan for each unit of State government to
238		-	make information and services available to the public over the Internet;
239		-	Ch. 496 2024 LAWS OF MARYLAND
	227	+	(3) the Secretary determines that the project requires the special attention 19
	228	+	and consideration given to a major information technology development project due to: 20
240	229
241		-	– 6 –
242		-	(4) developing and maintaining a statewide information technology master
243		-	plan that will:
	230	+	(i) the significance of the project’s potential benefits or risks; 21
244	231
245		-	(i) centralize the management and direction of information
246		-	technology policy within the Executive Branch of State government under the control of the
247		-	Department;
	232	+	(ii) the impact of the project on the public or local governments; 22
248	233
249		-	(ii) include all aspects of State information technology including
250		-	telecommunications, security, data processing, and information management;
	234	+	(iii) the public visibility of the project; or 23
251	235
252		-	(iii) consider interstate transfers as a result of federal legislation and
253		-	regulation;
	236	+	(iv) other reasons as determined by the Secretary. 24
254	237
255		-	(iv) ensure that the State information technology plan and related
256		-	policies and standards are consistent with State goals, objectives, and resources, and
257		-	represent a long–range vision for using information technology to improve the overall
258		-	effectiveness of State government;
	238	+	[(i)] (J) “Master plan” means the statewide information technology master plan 25
	239	+	and statewide cybersecurity strategy. 26
259	240
260		-	(v) ~~include standards to assure~~ nonvisual access to the ~~information~~
261		-	~~and services made available~~ to ~~the public over the Internet;~~ and
	241	+	[(j)] (K) “Nonvisual access” means the ability, through keyboard control, 27
	242	+	synthesized speech, Braille, or other methods not requiring sight to receive, use, and 28 6 SENATE BILL 818
262	243
263		-	(vi) allows a State agency to maintain the agency’s own information
264		-	technology unit that provides for information technology services to support the mission of
265		-	the agency;
266	244
267		-	~~(5) developing~~ and ~~maintaining a statewide cybersecurity strategy that~~
268		-	~~will:~~
	245	+	manipulate information and operate controls necessary to access information technology in 1
	246	+	accordance with standards adopted under § 3.5–303(b) of this subtitle. 2
269	247
270		-	(i) ~~centralize~~ the ~~management and direction~~ of ~~cybersecurity~~
271		-	~~strategy within~~ the ~~Executive Branch~~ of ~~State government under the control of the~~
272		-	~~Department; and~~
	248	+	[(k)] (L) “Resource sharing” means the utilization of a State resource by private 3
	249	+	industry in exchange for the provision to the State of a communication service or other 4
	250	+	consideration. 5
273	251
274		-	(ii) serve as the basis for budget allocations for cybersecurity
275		-	preparedness for the Executive Branch of State government;
	252	+	[(l)] (M) “Systems development life cycle plan” means a plan that defines all 6
	253	+	actions, functions, or activities to be performed by a unit of State government in the 7
	254	+	definition, planning, acquisition, development, testing, implementation, operation, 8
	255	+	enhancement, and modification of information technology systems. 9
276	256
277		-	(6) adopting by regulation and enforcing nonvisual access standards to be
278		-	used in the procurement of information technology services by or on behalf of units of State
279		-	government in accordance with subsection (c) of this section;
	257	+	3.5–303. 10
280	258
281		-	(7) in consultation with the Maryland Cybersecurity Coordinating Council,
282		-	advising and overseeing a consistent cybersecurity strategy for units of State government,
283		-	including institutions under the control of the governing boards of the public institutions
284		-	of higher education;
	259	+	(a) The Secretary is responsible for carrying out the following duties: 11
285	260
286		-	(8) ~~advising~~ and ~~consulting with the Legislative and Judicial branches of~~
287		-	~~State government regarding a cybersecurity strategy~~; ~~WES MOORE, Governor Ch. 496~~
	261	+	(1) developing, maintaining, revising, and enforcing information 12
	262	+	technology policies, procedures, and standards; 13
288	263
289		-	– 7 –
	264	+	(2) providing technical assistance, advice, and recommendations to the 14
	265	+	Governor and any unit of State government concerning information technology matters; 15
290	266
291		-	(9) in consultation with the Maryland Cybersecurity Coordinating Council,
292		-	developing guidance on consistent cybersecurity strategies for counties, municipal
293		-	corporations, school systems, and all other political subdivisions of the State;
	267	+	(3) reviewing the annual project plan for each unit of State government to 16
	268	+	make information and services available to the public over the Internet; 17
294	269
295		-	(10) ~~upgrading~~ information technology ~~and cybersecurity–related State~~
296		-	~~government infrastructure;~~ ~~[and]~~
	270	+	(4) developing and maintaining a statewide information technology master 18
	271	+	plan that will: 19
297	272
298		-	(11) annually evaluating:
	273	+	(i) centralize the management and direction of information 20
	274	+	technology policy within the Executive Branch of State government under the control of the 21
	275	+	Department; 22
299	276
300		-	(i) the feasibility of units of State government providing public
301		-	services using artificial intelligence, machine learning, commercial cloud computer
302		-	services, device–as–a–service procurement models, and other emerging technologies; and
	277	+	(ii) include all aspects of State information technology including 23
	278	+	telecommunications, security, data processing, and information management; 24
303	279
304		-	(ii) ~~the development~~ of ~~data analytics capabilities to enable~~
305		-	~~data–driven policymaking by units of State government~~; ~~AND~~
	280	+	(iii) consider interstate transfers as a result of federal legislation and 25
	281	+	regulation; 26
306	282
307		-	(12) ~~CONDUCTING INVENTORI ES~~ AND ~~ONGOING ASSESSME NTS OF~~
308		-	~~SYSTEMS THAT EMPLOY ARTIFICIAL INTELLIGE NCE THAT~~ ARE ~~USED BY A UNIT OF~~
309		-	~~STATE GOVERNMENT AS R EQUIRED UNDER § 3.5–318 OF THIS SUBTITLE § 3.5–803~~
310		-	OF ~~THIS TITLE.~~
	283	+	(iv) ensure that the State information technology plan and related 27
	284	+	policies and standards are consistent with State goals, objectives, and resources, and 28
	285	+	represent a long–range vision for using information technology to improve the overall 29
	286	+	effectiveness of State government; 30
311	287
312		-	3.5–318.
	288	+	(v) include standards to assure nonvisual access to the information 31
	289	+	and services made available to the public over the Internet; and 32
	290	+	SENATE BILL 818 7
313	291
314		-	(A) ON OR BEFORE DECEMBER 1, 2024, AND ANNUALLY THEREAF TER,
315		-	EACH UNIT OF STATE GOVERNMENT SHAL L CONDUCT A DATA INV ENTORY THAT
316		-	IDENTIFIES DATA THAT MEETS THE CRITERIA E STABLISHED BY THE CHIEF DATA
317		-	OFFICER AND THAT IS :
318	292
319		-	(1) (I) NECESSARY FOR THE OP ERATION OF THE UNIT ; OR
	293	+	(vi) allows a State agency to maintain the agency’s own information 1
	294	+	technology unit that provides for information technology services to support the mission of 2
	295	+	the agency; 3
320	296
321		-	(II) OTHERWISE REQUIRED T O BE COLLECTED :
	297	+	(5) developing and maintaining a statewide cybersecurity strategy that 4
	298	+	will: 5
322	299
323		-	1. AS A CONDITION TO RE CEIVE FEDERAL FUNDS ; OR
	300	+	(i) centralize the management and direction of cybersecu rity 6
	301	+	strategy within the Executive Branch of State government under the control of the 7
	302	+	Department; and 8
324	303
325		-	2. BY FEDERAL OR STATE LAW; AND
	304	+	(ii) serve as the basis for budget allocations for cybersecurity 9
	305	+	preparedness for the Executive Branch of State government; 10
326	306
327		-	(2) IN A FORM PRESCRIBED BY THE CHIEF DATA OFFICER,
328		-	INCLUDING WHEN THE D ATA IS USED IN ARTIFICIA L INTELLIGENCE .
	307	+	(6) adopting by regulation and enforcing nonvisual access standards to be 11
	308	+	used in the procurement of information technology services by or on behalf of units of State 12
	309	+	government in accordance with subsection (c) of this section; 13
329	310
330		-	(B) THE DEPARTMENT SHALL DEVE LOP AND PUBLISH GUID ANCE ON THE
331		-	POLICIES AND PROCEDU RES FOR THE INVENTOR Y.
	311	+	(7) in consultation with the Maryland Cybersecurity Coordinating Council, 14
	312	+	advising and overseeing a consistent cybersecurity strategy for units of State government, 15
	313	+	including institutions under the control of the governing boards of the public institutions 16
	314	+	of higher education; 17
332	315
333		-	~~SUBTITLE~~ 8~~. ARTIFICIAL INTELLIGENCE .~~
334		-	~~Ch.~~ ~~496~~ ~~2024 LAWS OF MARYLAND~~
	316	+	(8) advising and consulting with the Legislative and Judicial branches of 18
	317	+	State government regarding a cybersecurity strategy; 19
335	318
336		-	– 8 –
337		-	3.5–801.
	319	+	(9) in consultation with the Maryland Cybersecurity Coordinating Council, 20
	320	+	developing guidance on consistent cybersecurity strategies for counties, municipal 21
	321	+	corporations, school systems, and all other political subdivisions of the State; 22
338	322
339		-	(A) ~~IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS~~
340		-	~~INDICATED.~~
	323	+	(10) upgrading information technology and cybersecurity–related State 23
	324	+	government infrastructure; [and] 24
341	325
342		-	(B) (1) “ALGORITHMIC DECISION SYSTEM” MEANS A COMPUTATIONA L
343		-	PROCESS THAT FACILIT ATES DECISION MAKING .
	326	+	(11) annually evaluating: 25
344	327
345		-	(2) ~~“ALGORITHMIC DECISION SYSTEM”~~ ~~INCLUDES DECISIONS~~
346		-	~~DERIVED FROM~~ MACHINE S, ~~STATISTICS, FACIAL RECOGNITION , AND DECISIONS ON~~
347		-	~~PAPER.~~
	328	+	(i) the feasibility of units of State government providing public 26
	329	+	services using artificial intelligence, machine learning, commercial cloud computer 27
	330	+	services, device–as–a–service procurement models, and other emerging technologies; and 28
348	331
349		-	(C) “ARTIFICIAL INTELLIGEN CE” MEANS A MACHINE –BASED SYSTEM THAT :
	332	+	(ii) the development of data analytics capabilities to enable 29
	333	+	data–driven policymaking by units of State government; AND 30
350	334
351		-	(1) CAN, FOR A GIVEN SET OF H UMAN–DEFINED OBJECTIVES , MAKE
352		-	PREDICTIONS, RECOMMENDATIONS , OR DECISIONS INFLUEN CING REAL OR VIRTUAL
353		-	ENVIRONMENTS ;
	335	+	(12) CONDUCTING INVENTORI ES AND ONGOING ASSESSME NTS OF 31
	336	+	SYSTEMS THAT EMPLOY ARTIFICIAL INTELLIGE NCE THAT ARE USED BY A UNIT OF 32
	337	+	STATE GOVERNMENT AS R EQUIRED UNDER § 3.5–318 OF THIS SUBTITLE § 3.5–803 33
	338	+	OF THIS TITLE. 34 8 SENATE BILL 818
354	339
355		-	(2) USES MACHINE AND HUM AN–BASED INPUTS TO PERCEIVE REAL
356		-	AND VIRTUAL ENVIRONM ENTS AND ABSTRACTS T HOSE PERCEPTIONS INT O MODELS
357		-	THROUGH ANALYSIS IN AN AUTOMATED MANNER ; AND
358	340
359		-	(3) USES MODEL INFERENCE TO FORMULATE OPTIONS FOR
360		-	INFORMATION OR ACTIO N.
361	341
362		-	~~(D) “HIGH–RISK” MEANS AN ACT THAT IS LIKELY TO:~~
	342	+	3.5–318. 1
363	343
364		-	(1) RESULT IN ANY UNLAWF UL DISCRIMINATION ;
	344	+	(A) ON OR BEFORE DECEMBER 1, 2024, AND ANNUALLY THEREAF TER, 2
	345	+	EACH UNIT OF STATE GOVERNMENT SHAL L CONDUCT A DATA INV ENTORY THAT 3
	346	+	IDENTIFIES DATA THAT MEETS THE CRITERIA E STABLISHED BY THE CHIEF DATA 4
	347	+	OFFICER AND THAT IS: 5
365	348
366		-	(2) HAVE AN UNLAWFUL DIS PARATE IMPACT ON ANY INDIVIDUAL OR
367		-	GROUP OF INDIVIDUALS ON THE BASIS OF ANY ACTUAL OR PERCEIVED
368		-	CHARACTERISTIC ; OR
	349	+	(1) (I) NECESSARY FOR THE OP ERATION OF THE UNIT ; OR 6
369	350
370		-	(3) HAVE A NEGATIVE IMPA CT ON THE HEALTH , SAFETY, OR
371		-	WELL–BEING OF AN INDIVIDUAL.
	351	+	(II) OTHERWISE REQUIRED T O BE COLLECTED : 7
372	352
373		-	(E) (D) “IMPACT ASSESSMENT ” MEANS A DOCUMENTED R ISK–BASED
374		-	EVALUATION OF A SYST EM THAT EMPLOYS RIGHTS–IMPACTING OR
375		-	SAFETY–IMPACTING ARTIFICIAL INTELLIGE NCE.
	353	+	1. AS A CONDITION TO RE CEIVE FEDERAL FUNDS ; OR 8
376	354
377		-	(D) (1) “HIGH–RISK ARTIFICIAL INTE LLIGENCE” MEANS ARTIFICIAL
378		-	INTELLIGENCE THAT IS A RISK TO INDIVIDUAL S OR COMMUNITIES , AS DEFINED WES MOORE, Governor Ch. 496
	355	+	2. BY FEDERAL OR STATE LAW; AND 9
379	356
380		-	– 9 –
381		-	UNDER REGULATIONS AD OPTED BY THE DEPARTMENT IN CONSULT ATION WITH THE
382		-	GOVERNOR’S ARTIFICIAL INTELLIGENCE SUBCABINET.
	357	+	(2) IN A FORM PRESCRIBED BY THE CHIEF DATA OFFICER, 10
	358	+	INCLUDING WHEN THE D ATA IS USED IN ARTIF ICIAL INTELLIGENCE . 11
383	359
384		-	(2) “HIGH–RISK ARTIFICIAL INTE LLIGENCE” INCLUDES
385		-	RIGHTS–IMPACTING ARTIFICIAL INTELLIGENCE AND SAF ETY–IMPACTING
386		-	ARTIFICIAL INTELLIGE NCE.
	360	+	(B) THE DEPARTMENT SHALL DEVE LOP AND PUBLISH GUID ANCE ON THE 12
	361	+	POLICIES AND PROCEDU RES FOR THE INVENTOR Y. 13
387	362
388		-	(E) “IMPACT ASSESSMENT ” MEANS AN ASSESSMENT OF ARTIFICIAL
389		-	INTELLIGENCE SYSTEMS MADE UNDER REGULATIO NS ADOPTED BY THE
390		-	DEPARTMENT IN CONSULT ATION WITH THE GOVERNOR’S ARTIFICIAL
391		-	INTELLIGENCE SUBCABINET AND REQUIR ED UNDER § 3.5–803 OF THIS SUBTITLE.
	363	+	SUBTITLE 8. ARTIFICIAL INTELLIGENCE . 14
392	364
393		-	~~(E) (F) “PUBLIC SENIOR HIGHER EDUCATION INSTITUTIO N” MEANS:~~
	365	+	3.5–801. 15
394	366
395		-	(1) THE CONSTITUENT INST ITUTIONS OF THE UNIVERSITY SYSTEM
396		-	OF MARYLAND AND THE UNIVERSITY OF MARYLAND CENTER FOR
397		-	ENVIRONMENTAL SCIENCE;
	367	+	(A) IN THIS SUBTITLE THE FOLLOWING WOR DS HAVE THE MEANINGS 16
	368	+	INDICATED. 17
398	369
399		-	(2) MORGAN STATE UNIVERSITY; OR
	370	+	(B) (1) “ALGORITHMIC DECISION SYSTEM” MEANS A COMPUTATIONA L 18
	371	+	PROCESS THAT FACILIT ATES DECISION MAKING . 19
400	372
401		-	(3) ST. MARY’S COLLEGE OF MARYLAND.
	373	+	(2) “ALGORITHMIC DECISION SYSTEM” INCLUDES DECISIONS 20
	374	+	DERIVED FROM MACHINE S, STATISTICS, FACIAL RECOGNITION , AND DECISIONS ON 21
	375	+	PAPER. 22
402	376
403		-	(F) (G) “RIGHTS–IMPACTING ARTIFICIAL INTELLIGENCE ” MEANS
404		-	ARTIFICIAL INTELLIGE NCE WHOSE OUTPUT SER VES AS A BASIS FOR D ECISION OR
405		-	ACTION THAT HAS A LEGAL, MATERIAL, OR SIMILARLY SIGNIFI CANT EFFECT ON AN
406		-	INDIVIDUAL’S OR COMMUNITY ’S:
	377	+	(C) “ARTIFICIAL INTELLIGEN CE” MEANS A MACHINE –BASED SYSTEM THAT : 23
407	378
408		-	(1) CIVIL RIGHTS , CIVIL LIBERTIES , OR PRIVACY , INCLUDING
409		-	FREEDOM OF SPEECH , VOTING, HUMAN AUTONOMY , AND PROTECTIONS FROM
410		-	DISCRIMINATION , EXCESSIVE PUNISHMENT , AND UNLAWFUL SURV EILLANCE;
	379	+	(1) CAN, FOR A GIVEN SET OF H UMAN–DEFINED OBJECTIVES , MAKE 24
	380	+	PREDICTIONS, RECOMMENDATIONS , OR DECISIONS INFLUEN CING REAL OR VIRTUAL 25
	381	+	ENVIRONMENTS ; 26
	382	+	SENATE BILL 818 9
411	383
412		-	(2) EQUAL OPPORTUNITIES , INCLUDING EQUITABLE ACCESS TO
413		-	EDUCATION, HOUSING, CREDIT, EMPLOYMENT , AND OTHER SITUATIONS WHERE
414		-	CIVIL RIGHTS AND EQU AL OPPORTUNITY PROTE CTIONS APPLY; OR
415	384
416		-	(3) ACCESS TO CRITICAL R ESOURCES OR SERVICES , INCLUDING
417		-	HEALTH CARE, FINANCIAL SERVICES , SOCIAL SERVICES , TRANSPORTATION ,
418		-	NONDECEPTIVE INFORMA TION ABOUT GOODS AND SERVICES, AND GOVERNMENT
419		-	BENEFITS OR PRIVILEG ES. IS SIGNIFICANTLY LIK ELY TO AFFECT CIVIL RIGHTS,
420		-	CIVIL LIBERTIES, EQUAL OPPORTUNITIES , ACCESS TO CRITICAL RESOURCES, OR
421		-	PRIVACY.
	385	+	(2) USES MACHINE AND HUMAN–BASED INPUTS TO PERC EIVE REAL 1
	386	+	AND VIRTUAL ENVIRONM ENTS AND ABSTRACTS T HOSE PERCEPTIONS INT O MODELS 2
	387	+	THROUGH ANALYSIS IN AN AUTOMATED MANNER ; AND 3
422	388
423		-	(G) ~~(H) “SAFETY–IMPACTING ARTIFICIAL INTELLIGENCE ” MEANS~~
424		-	~~ARTIFICIAL INTELLIGE NCE THAT HAS THE POT ENTIAL TO MEANINGFULLY Ch~~. ~~496 2024 LAWS OF MARYLAND~~
	389	+	(3) USES MODEL INFERENCE TO FORMULATE OPTIONS FOR 4
	390	+	INFORMATION OR ACTIO N. 5
425	391
426		-	– 10 –
427		-	SIGNIFICANTLY IMPACT THE SAFETY OF INDIVIDUALS AND C OMMUNITIES
428		-	REGARDING:
	392	+	(D) “HIGH–RISK” MEANS AN ACT THAT IS LIKELY TO: 6
429	393
430		-	(1) HUMAN LIFE OR WELL –BEING, INCLUDING LOSS OF LI FE, SERIOUS
431		-	INJURY, BODILY HARM , BIOLOGICAL OR CHEMIC AL WEAPONS , OCCUPATIONAL
432		-	HAZARDS, HARASSMENT OR ABUSE , OR MENTAL HEALTH ;
	394	+	(1) RESULT IN ANY UNLAWF UL DISCRIMINATION ; 7
433	395
434		-	(2) THE CLIMATE OR THE E NVIRONMENT , INCLUDING IRREVERSIB LE
435		-	OR SIGNIFICANT ENVIR ONMENTAL DAMAGE ;
	396	+	(2) HAVE AN UNLAWFUL DIS PARATE IMPACT ON ANY INDIVIDUAL OR 8
	397	+	GROUP OF INDIVIDUALS ON THE BASIS OF ANY ACTUAL OR PERCEIVED 9
	398	+	CHARACTERISTIC ; OR 10
436	399
437		-	(3) ~~CRITICAL INFRASTRUCT URE,~~ ~~INCLUDING~~ THE ~~INFRAS TRUCTURE~~
438		-	~~FOR VOTING AND PROTE CTING THE INTEGRITY~~ OF ~~ELECTIONS; OR~~
	400	+	(3) HAVE A NEGATIVE IMPA CT ON THE HEALTH , SAFETY, OR 11
	401	+	WELL–BEING OF AN INDIVIDU AL. 12
439	402
440		-	(4) STRATEGIC ASSETS OR RESOURCES, INCLUDING INTELLECTU AL
441		-	PROPERTY. OF HUMAN LIFE, WELL–BEING, OR CRITICAL INFRASTR UCTURE.
	403	+	(E) (D) “IMPACT ASSESSMENT ” MEANS A DOCUMENTED R ISK–BASED 13
	404	+	EVALUATION OF A SYST EM THAT EMPLOYS RIGHTS–IMPACTING OR 14
	405	+	SAFETY–IMPACTING ARTIFICIAL INTELLIGE NCE. 15
442	406
443		-	3.5–802.
	407	+	(D) (1) “HIGH–RISK ARTIFICIAL INTE LLIGENCE” MEANS ARTIFICIAL 16
	408	+	INTELLIGENCE THAT IS A RISK TO INDIVIDUAL S OR COMMUNITIES , AS DEFINED 17
	409	+	UNDER REGULATIONS AD OPTED BY THE DEPARTMENT IN CONSULT ATION WITH THE 18
	410	+	GOVERNOR’S ARTIFICIAL INTELLIGENCE SUBCABINET. 19
444	411
445		-	(A) THIS SUBTITLE APPLIES T O EACH PUBLIC SENIOR HIGHER EDUCATION
446		-	INSTITUTION AND BALTIMORE CITY COMMUNITY COLLEGE IN A PARTNERS HIP FOR
447		-	THE DEVELOPMENT , PROCUREMENT , DEPLOYMENT , OR USE OF ARTIFICIAL
448		-	INTELLIGENCE WITH A UNIT OF STATE GOVERNMENT .
	412	+	(2) “HIGH–RISK ARTIFICIAL INTE LLIGENCE” INCLUDES 20
	413	+	RIGHTS–IMPACTING ARTIFICIAL INTELLIGENCE AND SAF ETY–IMPACTING 21
	414	+	ARTIFICIAL INTELLIGE NCE. 22
449	415
450		-	(B) EXCEPT AS PROVIDED IN § 3.5–804(D) OF THIS SUBTITLE , THIS
451		-	SUBTITLE DOES NOT AP PLY TO ARTIFICIAL IN TELLIGENCE DEPLOYED BY PUBLIC
452		-	SENIOR HIGHER EDUCAT ION INSTITUTIONS OR BALTIMORE CITY COMMUNITY
453		-	COLLEGE USED SOLELY F OR A RESEARCH OR ACA DEMIC PURPOSE , INCLUDING IN A
454		-	PARTNERSHIP FOR THE DEVELOPMENT , PROCUREMENT , DEPLOYMENT , OR USE OF
455		-	ARTIFICIAL INTELLIGE NCE WITH A UNIT OF STATE GOVERNMENT .
	416	+	(E) “IMPACT ASSESSMENT ” MEANS AN ASSESSMENT OF ARTIFICIAL 23
	417	+	INTELLIGENCE SYSTEMS MADE UNDER REGULATIO NS ADOPTED BY THE 24
	418	+	DEPARTMENT IN CONSULT ATION WITH THE GOVERNOR’S ARTIFICIAL 25
	419	+	INTELLIGENCE SUBCABINET AND REQUIR ED UNDER § 3.5–803 OF THIS SUBTITLE. 26
456	420
457		-	(C) A PUBLIC SENIOR HIGHER EDUCATION INSTITUTIO N OR BALTIMORE
458		-	CITY COMMUNITY COLLEGE SHALL ESTABLI SH POLICIES AND PROC EDURES THAT
459		-	ARE FUNCTIONALLY COM PATIBLE WITH THE POL ICIES AND PROCEDURES ADOPTED
460		-	UNDER § 3.5–804(A) OF THIS SUBTITLE FOR ARTIFICIAL INTELLIGE NCE DEPLOYED
461		-	FOR AN OPERATIONS –RELATED PURPOSE .
	421	+	(E) (F) “PUBLIC SENIOR HIGHER EDUCATION INSTITUTIO N” MEANS: 27
462	422
463		-	(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
464		-	THIS SUBTITLE DOES NOT APPLY TO:
	423	+	(1) THE CONSTITUENT INST ITUTIONS OF THE UNIVERSITY SYSTEM 28
	424	+	OF MARYLAND AND THE UNIVERSITY OF MARYLAND CENTER FOR 29
	425	+	ENVIRONMENTAL SCIENCE; 30
465	426
466		-	(I) THE OFFICE OF THE ATTORNEY GENERAL;
	427	+	(2) MORGAN STATE UNIVERSITY; OR 31
	428	+	10 SENATE BILL 818
467	429
468		-	(II) THE COMPTROLLER ; OR
469		-	WES MOORE, Governor Ch. 496
470	430
471		-	– 11 –
472		-	(III) THE STATE TREASURER.
	431	+	(3) ST. MARY’S COLLEGE OF MARYLAND. 1
473	432
474		-	(2) ON OR BEFORE JUNE 1, 2025, EACH ENTITY LISTED U NDER
475		-	PARAGRAPH (1) OF THIS SUBSECTION S HALL ESTABLISH POLIC IES AND
476		-	PROCEDURES THAT ARE FUNCTIONALLY COMPATI BLE WITH THE POLICIE S AND
477		-	PROCEDURES ADOPTED U NDER § 3.5–804(A) OF THIS SUBTITLE FOR THE
478		-	DEVELOPMENT , PROCUREMENT , DEPLOYMENT , USE, AND ONGOING ASSESSME NT OF
479		-	SYSTEMS THAT EMPLOY HIGH–RISK ARTIFICIAL INTE LLIGENCE.
	433	+	(F) (G) “RIGHTS–IMPACTING ARTIFICIAL INTELLIGENCE ” MEANS 2
	434	+	ARTIFICIAL INTELLIGE NCE WHOSE OUTPUT SER VES AS A BASIS FOR D ECISION OR 3
	435	+	ACTION THAT HAS A LEGAL, MATERIAL, OR SIMILARLY SIGNIFI CANT EFFECT ON AN 4
	436	+	INDIVIDUAL’S OR COMMUNITY ’S: 5
480	437
481		-	~~(B)~~ (1) ~~EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION~~ ,
482		-	~~THIS SUBTITLE APPLIE S TO EACH PUBLIC SEN IOR HIGHER EDUCATION INSTITUTION~~
483		-	AND ~~BALTIMORE CITY COMMUNITY COLLEGE.~~
	438	+	(1) CIVIL RIGHTS , CIVIL LIBERTIES , OR PRIVACY , INCLUDING 6
	439	+	FREEDOM OF SPEECH , VOTING, HUMAN AUTONOMY , AND PROTECTIONS FROM 7
	440	+	DISCRIMINATION , EXCESSIVE PUNISHMENT , AND UNLAWFUL SURV EILLANCE; 8
484	441
485		-	(2) THIS SUBTITLE DOES NO T APPLY TO ARTIFICIA L INTELLIGENCE
486		-	DEPLOYED BY A PUBLIC SENIOR HIGHER EDUCAT ION INSTITUTION OR BALTIMORE
487		-	CITY COMMUNITY COLLEGE THAT IS USED SOLELY FOR A RESEARC H OR ACADEMIC
488		-	PURPOSE, INCLUDING IN PARTNERSHIP WITH A UNIT OF STATE GOVERNMENT FOR
489		-	THE DEVELOPMENT , PROCUREMENT , DEPLOYMENT , OR USE OF ARTIFICIAL
490		-	INTELLIGENCE .
	442	+	(2) EQUAL OPPORTUNITIES , INCLUDING EQUITABLE ACCESS TO 9
	443	+	EDUCATION, HOUSING, CREDIT, EMPLOYMENT , AND OTHER SITUATIONS WHERE 10
	444	+	CIVIL RIGHTS AND EQU AL OPPORTUNITY PROTE CTIONS APPLY; OR 11
491	445
492		-	(3) ON OR BEFORE JUNE 1, 2025, EACH PUBLIC SENIOR H IGHER
493		-	EDUCATION INSTITUTIO N AND BALTIMORE CITY COMMUNITY COLLEGE SHALL
494		-	ESTABLISH POLICIES AND PROCEDURES THAT ARE FUNCTIONALLY COMPATI BLE
495		-	WITH THE POLICIES AN D PROCEDURES ADOPTED UNDER § 3.5–804(A) OF THIS
496		-	SUBTITLE FOR THE DEV ELOPMENT, PROCUREMENT , DEPLOYMENT , USE, AND
497		-	ONGOING ASSESSMENT O F SYSTEMS THAT EMPLO Y HIGH–RISK ARTIFICI AL
498		-	INTELLIGENCE USED SO LELY FOR A RESEARCH OR ACADEMIC PURPOSE .
	446	+	(3) ACCESS TO CRITICAL R ESOURCES OR SERVICES , INCLUDING 12
	447	+	HEALTH CARE, FINANCIAL SERVICES , SOCIAL SERVICES , TRANSPORTATION , 13
	448	+	NONDECEPTIVE INFORMA TION ABOUT GOODS AND SERVICES, AND GOVERNMENT 14
	449	+	BENEFITS OR PRIVILEG ES. IS SIGNIFICANTLY LIK ELY TO AFFECT CIVIL RIGHTS, 15
	450	+	CIVIL LIBERTIES, EQUAL OPPORTUNITIES , ACCESS TO CRITICAL RESOURCES, OR 16
	451	+	PRIVACY. 17
499	452
500		-	(4) ON OR BEFORE SEPTEMBER 1, 2025, AND EACH YEAR
501		-	THEREAFTER , EACH PUBLIC SENIOR H IGHER EDUCATION INST ITUTION AND
502		-	BALTIMORE CITY COMMUNITY COLLEGE SHALL SUBMIT TO THE DEPARTMENT A
503		-	REPORT ON ALL HIGH–RISK ARTIFICIAL INTE LLIGENCE PROCURED AN D DEPLOYED
504		-	FOR A RESEARCH OR AC ADEMIC PURPOSE .
	453	+	(G) (H) “SAFETY–IMPACTING ARTIFICIAL INTELLIGENCE ” MEANS 18
	454	+	ARTIFICIAL INTELLIGE NCE THAT HAS THE POT ENTIAL TO MEANINGFULLY 19
	455	+	SIGNIFICANTLY IMPACT THE SAFETY OF INDIVIDUALS AND C OMMUNITIES 20
	456	+	REGARDING: 21
505	457
506		-	3.5–803.
	458	+	(1) HUMAN LIFE OR WELL –BEING, INCLUDING LOSS OF LI FE, SERIOUS 22
	459	+	INJURY, BODILY HARM , BIOLOGICAL OR CHEMIC AL WEAPONS , OCCUPATIONAL 23
	460	+	HAZARDS, HARASSMENT OR ABUSE , OR MENTAL HEALTH ; 24
507	461
508		-	(A) ON OR ~~BEFORE DECEMBER 1~~, ~~2024 2025,~~ ~~AND ANNUALLY REGULARLY~~
509		-	~~THEREAFTER , EACH UNIT OF STATE GOVERNMENT SHAL L:~~
	462	+	(2) THE CLIMATE OR THE E NVIRONMENT , INCLUDING IRREVERSIB LE 25
	463	+	OR SIGNIFICANT ENVIR ONMENTAL DAMAGE ; 26
510	464
511		-	(1) CONDUCT AN INVENTORY OF SYSTEMS THAT EMPL OY
512		-	RIGHTS–IMPACTING OR SAFETY –IMPACTING HIGH–RISK ARTIFICIAL INTELLIGE NCE;
513		-	AND
514		-	Ch. 496 2024 LAWS OF MARYLAND
	465	+	(3) CRITICAL INFRASTRUCT URE, INCLUDING THE INFRAS TRUCTURE 27
	466	+	FOR VOTING AND PROTE CTING THE INTEGRITY OF ELECTIONS; OR 28
515	467
516		-	– 12 –
517		-	(2) PROVIDE THE INVENTOR Y TO THE DEPARTMENT IN A FORMA T
518		-	REQUIRED BY THE DEPARTMENT .
	468	+	(4) STRATEGIC ASSETS OR RESOURCES, INCLUDING INTELLECTU AL 29
	469	+	PROPERTY. OF HUMAN LIFE, WELL–BEING, OR CRITICAL INFRASTR UCTURE. 30
519	470
520		-	(B) FOR EACH SYSTEM , THE INVENTORY REQUIR ED BY THIS SECTION SHAL L
521		-	INCLUDE:
	471	+	3.5–802. 31
522	472
523		-	(1) THE NAME OF THE SYST EM;
	473	+	(A) THIS SUBTITLE APPLIES T O EACH PUBLIC SENIOR HIGHER EDUCATION 32
	474	+	INSTITUTION AND BALTIMORE CITY COMMUNITY COLLEGE IN A PARTNERS HIP FOR 33 SENATE BILL 818 11
524	475
525		-	(2) THE VENDOR THAT PROV IDED THE SYSTEM , IF APPLICABLE;
526	476
527		-	(3) A DESCRIPTION OF THE CAPABILITIES OF THE SYSTEM;
	477	+	THE DEVELOPMENT , PROCUREMENT , DEPLOYMENT , OR USE OF ARTIFICIAL 1
	478	+	INTELLIGENCE WITH A UNIT OF STATE GOVERNMENT . 2
528	479
529		-	(4) A STATEMENT OF THE P URPOSE AND THE INTEN DED USES OF THE
530		-	SYSTEM;
	480	+	(B) EXCEPT AS PROVIDED IN § 3.5–804(D) OF THIS SUBTITLE , THIS 3
	481	+	SUBTITLE DOES NOT AP PLY TO ARTIFICIAL IN TELLIGENCE DEPLOYED BY PUBLIC 4
	482	+	SENIOR HIGHER EDUCAT ION INSTITUTIONS OR BALTIMORE CITY COMMUNITY 5
	483	+	COLLEGE USED SOLELY F OR A RESEARCH OR ACA DEMIC PURPOSE , INCLUDING IN A 6
	484	+	PARTNERSHIP FOR THE DEVELOPMENT , PROCUREMENT , DEPLOYMENT , OR USE OF 7
	485	+	ARTIFICIAL INTELLIGE NCE WITH A UNIT OF STATE GOVERNMENT . 8
531	486
532		-	(5) WHETHER THE SYSTEM U NDERWENT AN IMPACT A SSESSMENT
533		-	PRIOR TO BEING IMPLEMENTED DEPLOYED;
	487	+	(C) A PUBLIC SENIOR HIGHER EDUCATION INSTITUTIO N OR BALTIMORE 9
	488	+	CITY COMMUNITY COLLEGE SHALL ESTABLI SH POLICIES AND PROC EDURES THAT 10
	489	+	ARE FUNCTIONALLY COM PATIBLE WITH THE POL ICIES AND PROCEDURES ADOPTED 11
	490	+	UNDER § 3.5–804(A) OF THIS SUBTITLE FOR ARTIFICIAL INTELLIGE NCE DEPLOYED 12
	491	+	FOR AN OPERATIONS –RELATED PURPOSE . 13
534	492
535		-	(6) WHETHER THE SYSTEM I S USED TO INDEPENDEN TLY MAKE A
536		-	DECISION OR JUDGMENT OR TO INFORM OR SUPP ORT A DECISION OR JU DGMENT
537		-	DETERMINED BY THE DEPARTMENT TO INVOLVE A HIGH–RISK ACTION
538		-	RIGHTS–IMPACTING OR SAFETY –IMPACTING HIGH–RISK ARTIFICIAL INTELLIGE NCE;
539		-	AND
	493	+	(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 14
	494	+	THIS SUBTITLE DOES NOT APPLY TO: 15
540	495
541		-	(7) A DETERMINATION OF THE RISK THAT USE OF A S YSTEM MAY BE
542		-	HIGH–RISK SUMMARY OF THE RESUL TS OF THE MOST RECEN T IMPACT ASSESSMENT .
	496	+	(I) THE OFFICE OF THE ATTORNEY GENERAL; 16
543	497
544		-	(C) THE DEPARTMENT SHALL MAKE EACH INVENTORY REQUI RED BY THIS
545		-	SECTION AN AGGREGATED STATEW IDE INVENTORY PUBLICLY AVAILABLE O N ITS
546		-	WEBSITE.
	498	+	(II) THE COMPTROLLER ; OR 17
547	499
548		-	(D) (1) THE DEPARTMENT MAY NOT MA KE PUBLICLY AVAILABL E ON THE
549		-	DEPARTMENT ’S WEBSITE INFORMATIO N FROM THE INVENTORI ES REQUIRED BY
550		-	THIS SECTION THAT RE LATE TO THE SAFETY A ND SECURITY OF STATE SYSTEMS IF
551		-	THE PUBLICATION OF T HE INFORMATION IS LI KELY TO COMPROMISE T HE SECURITY
552		-	OR INTEGRITY OF THE SYSTEM.
	500	+	(III) THE STATE TREASURER. 18
553	501
554		-	(2) ON REQUEST , THE DEPARTMENT SHALL PROV IDE TO THE
555		-	GOVERNOR, MEMBERS O F THE GENERAL ASSEMBLY, AND LAW ENFORCEMENT THE
556		-	INFORMATION DESCRIBE D IN PARAGRAPH (1) OF THIS SUBSECTION .
	502	+	(2) ON OR BEFORE JUNE 1, 2025, EACH ENTITY LISTED U NDER 19
	503	+	PARAGRAPH (1) OF THIS SUBSECTION S HALL ESTABLISH POLIC IES AND 20
	504	+	PROCEDURES THAT ARE FUNCTIONALLY COMPATI BLE WITH THE POLICIE S AND 21
	505	+	PROCEDURES ADOPTED U NDER § 3.5–804(A) OF THIS SUBTITLE FOR THE 22
	506	+	DEVELOPMENT , PROCUREMENT , DEPLOYMENT , USE, AND ONGOING ASSESSME NT OF 23
	507	+	SYSTEMS THAT EMPLOY HIGH–RISK ARTIFICIAL INTE LLIGENCE. 24
557	508
558		-	(E) (1) ON OR BEFORE FEBRUARY 1, 2025, DECEMBER 31, 2025 2026,
559		-	EACH UNIT OF STATE GOVERNMENT SHAL L CONDUCT AN IMPACT ASSESSMENT OF A WES MOORE, Governor Ch. 496
	509	+	(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 25
	510	+	THIS SUBTITLE APPLIE S TO EACH PUBLIC SEN IOR HIGHER EDUCATION INSTITUTION 26
	511	+	AND BALTIMORE CITY COMMUNITY COLLEGE. 27
560	512
561		-	– 13 –
562		-	SYSTEM PROCURED ON OR AFTER FEBRUARY 1, 2025 2026, THAT INVOLVES A
563		-	HIGH–RISK ACTION RIGHTS–IMPACTING OR SAFETY –IMPACTING HIGH–RISK
564		-	ARTIFICIAL INTELLIGE NCE.
	513	+	(2) THIS SUBTITLE DOES NO T APPLY TO ARTIFICIA L INTELLIGENCE 28
	514	+	DEPLOYED BY A PUBLIC SENIOR HIGHER EDUCAT ION INSTITUTION OR BALTIMORE 29
	515	+	CITY COMMUNITY COLLEGE THAT IS USED SOLELY FOR A RESEARC H OR ACADEMIC 30
	516	+	PURPOSE, INCLUDING IN PARTNERSHIP WITH A UNIT OF STATE GOVERNMENT FOR 31
	517	+	THE DEVELOPMENT , PROCUREMENT , DEPLOYMENT , OR USE OF ARTIFICIAL 32
	518	+	INTELLIGENCE . 33
	519	+	12 SENATE BILL 818
565	520
566		-	(2) ON OR BEFORE FEBRUARY JULY 1, 2027, EACH UNIT OF STATE
567		-	GOVERNMENT SHALL CON DUCT AN IMPACT ASSES SMENT OF A SYSTEM PR OCURED
568		-	BEFORE FEBRUARY 1, 2025 2026, THAT INVOLVES RIGHTS–IMPACTING OR
569		-	SAFETY–IMPACTING HIGH–RISK ARTIFICIAL INTELLIGE NCE.
570	521
571		-	3.5–803. 3.5–804.
	522	+	(3) ON OR BEFORE JUNE 1, 2025, EACH PUBLIC SENIOR H IGHER 1
	523	+	EDUCATION INSTITUTIO N AND BALTIMORE CITY COMMUNITY COLLEGE SHALL 2
	524	+	ESTABLISH POLICIES AND P ROCEDURES THAT ARE F UNCTIONALLY COMPATIB LE 3
	525	+	WITH THE POLICIES AN D PROCEDURES ADOPTED UNDER § 3.5–804(A) OF THIS 4
	526	+	SUBTITLE FOR THE DEV ELOPMENT, PROCUREMENT , DEPLOYMENT , USE, AND 5
	527	+	ONGOING ASSESSMENT O F SYSTEMS THAT EMPLO Y HIGH–RISK ARTIFICIA L 6
	528	+	INTELLIGENCE USED SO LELY FOR A RESEARCH OR ACADEMIC PURPOSE . 7
572	529
573		-	(A) ON OR BEFORE DECEMBER 1, 2024, THE DEPARTMENT , IN
574		-	CONSULTATION WITH TH E GOVERNOR’S ARTIFICIAL INTELLIGENCE SUBCABINET,
575		-	SHALL ADOPT POLICIES AND PROCEDURES CONCE RNING THE DEVELOPMEN T,
576		-	PROCUREMENT , IMPLEMENTATION DEPLOYMENT , USE, AND ONGOING ASSESSME NT
577		-	OF SYSTEMS THAT EMPL OY RIGHTS–IMPACTING OR SAFETY –IMPACTING HIGH–RISK
578		-	ARTIFICIAL INTELLIGE NCE BY A UNIT OF STATE GOVERNMENT .
	530	+	(4) ON OR BEFORE SEPTEMBER 1, 2025, AND EACH YEAR 8
	531	+	THEREAFTER , EACH PUBLIC SENIOR H IGHER EDUCATION INST ITUTION AND 9
	532	+	BALTIMORE CITY COMMUNITY COLLEGE SHALL SUBMIT TO THE DEPARTMENT A 10
	533	+	REPORT ON ALL HIGH–RISK ARTIFICIAL INTE LLIGENCE PROCURED AN D DEPLOYED 11
	534	+	FOR A RESEARCH OR AC ADEMIC PURPOSE . 12
579	535
580		-	(B) THE POLICIES AND PROC EDURES REQUIRED BY SUBSECTION (A) OF
581		-	THIS SECTION SHALL :
	536	+	3.5–803. 13
582	537
583		-	(1) SUBJECT TO ANY OTHER APPLICABLE LAW , GOVERN THE
584		-	PROCUREMENT , IMPLEMENTATION DEPLOYMENT , AND ONGOING ASSESSME NT OF
585		-	SYSTEMS THAT EMPLOY RIGHTS–IMPACTING OR SAFETY –IMPACTING HIGH–RISK
586		-	ARTIFICIAL INTELLIGE NCE BY A UNIT OF STATE GOVERNMENT ;
	538	+	(A) ON OR BEFORE DECEMBER 1, 2024 2025, AND ANNUALLY REGULARLY 14
	539	+	THEREAFTER , EACH UNIT OF STATE GOVERNMENT SHAL L: 15
587	540
588		-	(2) ~~BE SUFFICIENT TO ENSURE~~ THAT ~~THE U SE OF ANY SYSTEM THA T~~
589		-	~~EMPLOYS~~ ARTIFICIAL ~~I NTELLIGENCE BY ANY U NIT OF STATE GOVERNMENT IS N OT~~
590		-	~~HIGH–RISK;~~
	541	+	(1) CONDUCT AN INVENTORY OF SYSTEMS THAT EMPL OY 16
	542	+	RIGHTS–IMPACTING OR SAFETY –IMPACTING HIGH–RISK ARTIFICIAL INTELLIGE NCE; 17
	543	+	AND 18
591	544
592		-	(3) REQUIRE EACH UNIT OF STATE GOVERNMENT TO A SSESS THE
593		-	LIKELY IMPACT OF ANY SYSTEM THAT EMPLOYS ARTIFICIAL INTELLIGE NCE BEFORE
594		-	IMPLEMENTING THE SYS TEM;
	545	+	(2) PROVIDE THE INVENTOR Y TO THE DEPARTMENT IN A FORMA T 19
	546	+	REQUIRED BY THE DEPARTMENT . 20
595	547
596		-	(2) DEFINE THE CRITERIA FOR AN INVENTORY OF SYSTEMS THAT
597		-	EMPLOY RIGHTS–IMPACTING OR SAFETY –IMPACTING HIGH–RISK ARTIFICIAL
598		-	INTELLIGENCE ;
	548	+	(B) FOR EACH SYSTEM , THE INVENTORY REQUIR ED BY THIS SECTION SHAL L 21
	549	+	INCLUDE: 22
599	550
600		-	(3) GOVERN THE PROCUREME NT, DEPLOYMENT , USE, AND ONGOING
601		-	ASSESSMENT OF SYSTEM S THAT EMPLOY RIGHTS –IMPACTING OR
602		-	SAFETY–IMPACTING ARTIFICIAL INTELLIGENCE FOR AN OPERATIONS–RELATED
603		-	PURPOSE BY A UNIT OF STATE GOVERNMENT IN P ARTNERSHIP WITH A PU BLIC
604		-	SENIOR HIGHER EDUCATION INSTITUTIO N OR WITH BALTIMORE CITY COMMUNITY
605		-	COLLEGE; Ch. 496 2024 LAWS OF MARYLAND
	551	+	(1) THE NAME OF THE SYST EM; 23
606	552
607		-	~~– 14 –~~
	553	+	(2) THE VENDOR THAT PROV IDED THE SYSTEM , IF APPLICABLE; 24
608	554
609		-	(3) BE SUFFICIENT TO ENS URE THAT THE USE OF ANY SYSTEM THAT
610		-	EMPLOYS ARTIFICIAL I NTELLIGENCE BY A UNI T OF STATE GOVERNMENT IS
611		-	GOVERNED BY ADEQUATE GUARDRAILS TO PROTEC T INDIVIDUALS AND
612		-	COMMUNITIES ;
	555	+	(3) A DESCRIPTION OF THE CAPABILITIES OF THE SYSTEM; 25
613	556
614		-	(4) IF THE DEPARTMENT IS NOTIFIE D THAT AN INDIVIDUAL OR GROUP
615		-	OF INDIVIDUALS MAY H AVE BEEN NEGATIVELY IMPACTED BY A SYSTEM THAT
616		-	EMPLOYS HIGH –RISK ARTIFICIAL INTE LLIGENCE, REQUIRE THE DEPARTMENT TO :
	557	+	(4) A STATEMENT OF THE P URPOSE AND THE INTEN DED USES OF THE 26
	558	+	SYSTEM; 27
617	559
618		-	(I) NOTIFY AN INDIVIDUAL OR A GROUP O F INDIVIDUALS
619		-	DETERMINED TO HAVE B EEN NEGATIVELY IMPAC TED BY A SYSTEM THAT EMP LOYS
620		-	RIGHTS–IMPACTING OR SAFETY –IMPACTING HIGH–RISK ARTIFICIAL
621		-	INTELLIGENCE ; AND
	560	+	(5) WHETHER THE SYSTEM U NDERWENT AN IMPACT A SSESSMENT 28
	561	+	PRIOR TO BEING IMPLEMENTED DEPLOYED; 29
622	562
623		-	(II) PROVIDE GUIDANCE TO AN INDIVIDUAL OR A G ROUP OF
624		-	INDIVIDUALS DETERMIN ED TO HAVE BEEN NEGA TIVELY IMPACTED BY A SYSTEM
625		-	THAT EMPLOYS RIGHTS–IMPACTING OR SAFETY –IMPACTING HIGH–RISK ARTIFICIAL
626		-	INTELLIGENCE ON AVAILABLE OPTIONS TO OPT OUT OF THE SY STEM; AND
	563	+	(6) WHETHER THE SYSTEM I S USED TO INDEPENDEN TLY MAKE A 30
	564	+	DECISION OR JUDGMENT OR TO INFORM OR SUPP ORT A DECISION OR JU DGMENT 31
	565	+	DETERMINED BY THE DEPARTMENT TO INVOLVE A HIGH–RISK ACTION 32 SENATE BILL 818 13
627	566
628		-	(5) PROVIDE GUIDANCE TO UNITS OF STATE GOVERNMENT ON
629		-	PROCUREMENT OF A SYS TEM THAT EMPLOYS RIGHTS–IMPACTING OR
630		-	SAFETY–IMPACTING HIGH–RISK ARTIFICIAL INTELLIGE NCE THAT ENSURES DAT A
631		-	PRIVACY AND COMPLIAN CE WITH APPLICABLE S TATUTES AND REGULATI ONS.
632	567
633		-	(C) THE DEPARTMENT SHALL MAKE THE POLICIES AND PRO CEDURES
634		-	REQUIRED BY SUBSECTION (A) OF THIS SECTION PUBLICL Y AVAILABLE ON ITS
635		-	WEBSITE WITHIN 45 DAYS AFTER THE POLIC IES AND PROCEDURES A RE ADOPTED.
	568	+	RIGHTS–IMPACTING OR SAFETY –IMPACTING HIGH–RISK ARTIFICIAL INTELLIGE NCE; 1
	569	+	AND 2
636	570
637		-	(D) EACH PUBLIC SENIOR HI GHER EDUCATION INSTI TUTION AND
638		-	BALTIMORE CITY COMMUNITY COLLEGE SHALL SUBMIT TO THE DEPARTMENT AN
639		-	ANNUAL REPORT ON ART IFICIAL INTELLIGENCE PROCURED AND DEPLOYE D.
	571	+	(7) A DETERMINATION OF THE RISK THAT USE OF A S YSTEM MAY BE 3
	572	+	HIGH–RISK SUMMARY OF THE RESUL TS OF THE MOST RECEN T IMPACT ASSESSMENT . 4
640	573
641		-	3.5–804. 3.5–805.
	574	+	(C) THE DEPARTMENT SHALL MAKE EACH INVENTORY REQUI RED BY THIS 5
	575	+	SECTION AN AGGREGATED STATEW IDE INVENTORY PUBLICLY AVAILABLE O N ITS 6
	576	+	WEBSITE. 7
642	577
643		-	(A) BEGINNING JULY JANUARY JULY 1, 2025, A UNIT OF STATE
644		-	GOVERNMENT MAY NOT P ROCURE OR IMPLEMENT A DEPLOY A NEW SYSTEM THAT
645		-	EMPLOYS ARTIFICIAL I NTELLIGENCE UNLESS T HE SYSTEM COMPLIES W ITH THE
646		-	POLICIES AND PROCEDU RES ADOPTED UNDER § 3.5–803 3.5–804 OF THIS SUBTITLE.
	578	+	(D) (1) THE DEPARTMENT MAY NOT MA KE PUBLICLY AVAILABL E ON THE 8
	579	+	DEPARTMENT ’S WEBSITE INFORMATIO N FROM THE INVENTORI ES REQUIRED BY 9
	580	+	THIS SECTION THAT RE LATE TO THE SAFETY A ND SECURITY OF STATE SYSTEMS IF 10
	581	+	THE PUBLICATION OF T HE INFORMATION IS LI KELY TO COMPROMISE T HE SECURITY 11
	582	+	OR INTEGRITY OF THE SYSTEM. 12
647	583
648		-	(B) A UNIT OF STATE GOVERNMENT THAT EMPLOYS RIGHTS–IMPACTING OR
649		-	SAFETY–IMPACTING HIGH–RISK ARTIFICIAL INTELLIGE NCE SHALL CONDUCT WES MOORE, Governor Ch. 496
	584	+	(2) ON REQUEST , THE DEPARTMENT SHALL PROV IDE TO THE 13
	585	+	GOVERNOR, MEMBERS O F THE GENERAL ASSEMBLY, AND LAW ENFORCEMENT THE 14
	586	+	INFORMATION DESCRIBE D IN PARAGRAPH (1) OF THIS SUBSECTION . 15
650	587
651		-	– 15 –
652		-	REGULAR IMPACT ASSES SMENTS, AS DETERMINED BY THE GOVERNOR’S ARTIFICIAL
653		-	INTELLIGENCE SUBCABINET OF THE GOVERNOR’S EXECUTIVE COUNCIL.
	588	+	(E) (1) ON OR BEFORE FEBRUARY 1, 2025, DECEMBER 31, 2025 2026, 16
	589	+	EACH UNIT OF STATE GOVERNMENT SHAL L CONDUCT AN IMPACT ASSESSMENT OF A 17
	590	+	SYSTEM PROCURED ON OR AFTER FEBRUARY 1, 2025 2026, THAT INVOLVES A 18
	591	+	HIGH–RISK ACTION RIGHTS–IMPACTING OR SAFETY –IMPACTING HIGH–RISK 19
	592	+	ARTIFICIAL INTELLIGE NCE. 20
654	593
655		-	3.5–805. 3.5–806.
	594	+	(2) ON OR BEFORE FEBRUARY JULY 1, 2027, EACH UNIT OF STATE 21
	595	+	GOVERNMENT SHALL CON DUCT AN IMPACT ASSES SMENT OF A SYSTEM PR OCURED 22
	596	+	BEFORE FEBRUARY 1, 2025 2026, THAT INVOLVES RIGHTS–IMPACTING OR 23
	597	+	SAFETY–IMPACTING HIGH–RISK ARTIFICIAL INTELLIGE NCE. 24
656	598
657		-	(A) THERE IS A GOVERNOR’S ARTIFICIAL INTELLIGENCE SUBCABINET OF
658		-	THE GOVERNOR’S EXECUTIVE COUNCIL.
	599	+	3.5–803. 3.5–804. 25
659	600
660		-	(B) THE PURPOSE OF THE SUBCABINET IS TO FACI LITATE AND ENHANCE
661		-	COOPERATION AMONG UN ITS OF STATE GOVERNMENT , IN CONSULTATION WITH
662		-	ACADEMIC INSTITUTION S AND INDUSTRIES UTI LIZING ARTIFICIAL IN TELLIGENCE.
	601	+	(A) ON OR BEFORE DECEMBER 1, 2024, THE DEPARTMENT , IN 26
	602	+	CONSULTATION WITH TH E GOVERNOR’S ARTIFICIAL INTELLIGENCE SUBCABINET, 27
	603	+	SHALL ADOPT POLICIES AND PROCEDURES CONCE RNING THE DEVELOPMEN T, 28
	604	+	PROCUREMENT , IMPLEMENTATION DEPLOYMENT , USE, AND ONGOING ASSESSME NT 29
	605	+	OF SYSTEMS THAT EMPL OY RIGHTS–IMPACTING OR SAFETY –IMPACTING HIGH–RISK 30
	606	+	ARTIFICIAL INTELLIGE NCE BY A UNIT OF STATE GOVERNMENT . 31
663	607
664		-	(C) THE SUBCABINET CONSISTS O F THE FOLLOWING MEMB ERS:
	608	+	(B) THE POLICIES AND PROC EDURES REQUIRED BY SUBSECTION (A) OF 32
	609	+	THIS SECTION SHALL : 33
	610	+	14 SENATE BILL 818
665	611
666		-	(1) THE SECRETARY, OR THE SECRETARY’S DESIGNEE;
667	612
668		-	(2) THE SECRETARY OF BUDGET AND MANAGEMENT , OR THE
669		-	SECRETARY’S DESIGNEE;
	613	+	(1) SUBJECT TO ANY OTHER APPLICABLE LAW , GOVERN THE 1
	614	+	PROCUREMENT , IMPLEMENTATION DEPLOYMENT , AND ONGOING ASSESSME NT OF 2
	615	+	SYSTEMS THAT EMPLOY RIGHTS–IMPACTING OR SAFETY –IMPACTING HIGH–RISK 3
	616	+	ARTIFICIAL INTELLIGE NCE BY A UNIT OF STATE GOVERNMENT ; 4
670	617
671		-	(3) THE SECRETARY OF GENERAL SERVICES, OR THE SECRETARY’S
672		-	DESIGNEE;
	618	+	(2) BE SUFFICIENT TO ENSURE THAT THE U SE OF ANY SYSTEM THA T 5
	619	+	EMPLOYS ARTIFICIAL I NTELLIGENCE BY ANY U NIT OF STATE GOVERNMENT IS N OT 6
	620	+	HIGH–RISK; 7
673	621
674		-	(4) THE SECRETARY OF LABOR, OR THE SECRETARY’S DESIGNEE;
	622	+	(3) REQUIRE EACH UNIT OF STATE GOVERNMENT TO A SSESS THE 8
	623	+	LIKELY IMPACT OF ANY SYSTEM THAT EMPLOYS ARTIFICIAL INTELLIGE NCE BEFORE 9
	624	+	IMPLEMENTING THE SYS TEM; 10
675	625
676		-	(5) THE SECRETARY OF COMMERCE, OR THE SECRETARY’S
677		-	DESIGNEE;
	626	+	(2) DEFINE THE CRITERIA FOR AN INVENTORY OF SYSTEMS THAT 11
	627	+	EMPLOY RIGHTS–IMPACTING OR SAFETY –IMPACTING HIGH–RISK ARTIFICIAL 12
	628	+	INTELLIGENCE ; 13
678	629
679		-	(6) THE DIRECTOR OF THE GOVERNOR’S OFFICE OF HOMELAND
680		-	SECURITY, OR THE DIRECTOR’S DESIGNEE;
	630	+	(3) GOVERN THE PROCUREME NT, DEPLOYMENT , USE, AND ONGOING 14
	631	+	ASSESSMENT OF SYSTEM S THAT EMPLOY RIGHTS –IMPACTING OR 15
	632	+	SAFETY–IMPACTING ARTIFICIAL INTELLIGENCE FOR AN OPERATIONS–RELATED 16
	633	+	PURPOSE BY A UNIT OF STATE GOVERNMENT IN P ARTNERSHIP WITH A PU BLIC 17
	634	+	SENIOR HIGHER EDUCATION INSTITUTIO N OR WITH BALTIMORE CITY COMMUNITY 18
	635	+	COLLEGE; 19
681	636
682		-	(7) THE CHIEF PRIVACY OFFICER, OR THE CHIEF PRIVACY
683		-	OFFICER’S DESIGNEE;
	637	+	(3) BE SUFFICIENT TO ENS URE THAT THE USE OF ANY SYSTEM THAT 20
	638	+	EMPLOYS ARTIFICIAL I NTELLIGENCE BY A UNI T OF STATE GOVERNMENT IS 21
	639	+	GOVERNED BY ADEQUATE GUARDRAILS TO PROTEC T INDIVIDUALS AND 22
	640	+	COMMUNITIES ; 23
684	641
685		-	(8) THE CHIEF DATA OFFICER, OR THE CHIEF DATA OFFICER’S
686		-	DESIGNEE;
	642	+	(4) IF THE DEPARTMENT IS NOTIFIE D THAT AN INDIVIDUAL OR GROUP 24
	643	+	OF INDIVIDUALS MAY H AVE BEEN NEGATIVELY IMPACTED BY A SYSTEM THAT 25
	644	+	EMPLOYS HIGH –RISK ARTIFICIAL INTE LLIGENCE, REQUIRE THE DEPARTMENT TO : 26
687	645
688		-	(9) THE CHIEF INFORMATION SECURITY OFFICER, OR THE CHIEF
689		-	INFORMATION SECURITY OFFICER’S DESIGNEE;
	646	+	(I) NOTIFY AN INDIVIDUAL OR A GROUP O F INDIVIDUALS 27
	647	+	DETERMINED TO HAVE B EEN NEGATIVELY IMPAC TED BY A SYSTEM THAT EMP LOYS 28
	648	+	RIGHTS–IMPACTING OR SAFETY –IMPACTING HIGH–RISK ARTIFICIAL 29
	649	+	INTELLIGENCE ; AND 30
690	650
691		-	(10) THE GOVERNOR’S SENIOR ADVISOR FOR RESPONSIBLE
692		-	ARTIFICIAL INTELLIGENCE , OR THE SENIOR ADVISOR’S DESIGNEE; AND
	651	+	(II) PROVIDE GUIDANCE TO AN INDIVIDUAL OR A G ROUP OF 31
	652	+	INDIVIDUALS DETERMIN ED TO HAVE BEEN NEGA TIVELY IMPACTED BY A SYSTEM 32
	653	+	THAT EMPLOYS RIGHTS–IMPACTING OR SAFETY –IMPACTING HIGH–RISK ARTIFICIAL 33
	654	+	INTELLIGENCE ON AVAILABLE OPTIONS TO OPT OUT OF THE SY STEM; AND 34
	655	+	SENATE BILL 818 15
693	656
694		-	(11) ANY OTHER MEMBER OF THE GOVERNOR’S EXECUTIVE COUNCIL,
695		-	APPOINTED BY THE GOVERNOR. Ch. 496 2024 LAWS OF MARYLAND
696	657
697		-	– 16 –
	658	+	(5) PROVIDE GUIDANCE TO UNITS OF STATE GOVERNMENT ON 1
	659	+	PROCUREMENT OF A SYS TEM THAT EMPLOYS RIGHTS–IMPACTING OR SAFETY –2
	660	+	IMPACTING HIGH–RISK ARTIFICIAL INTELLIGE NCE THAT ENSURES DAT A PRIVACY 3
	661	+	AND COMPLIANCE WITH APPLICABLE STATUTES AND REGULATIONS . 4
698	662
699		-	(D) THE SECRETARY SHALL CHAIR THE SUBCABINET.
	663	+	(C) THE DEPARTMENT SHALL MAKE THE POLICIES AND PRO CEDURES 5
	664	+	REQUIRED BY SUBSECTION (A) OF THIS SECTION PUBLICL Y AVAILABLE ON ITS 6
	665	+	WEBSITE WITHIN 45 DAYS AFTER THE POLIC IES AND PROCEDURES A RE ADOPTED. 7
700	666
701		-	(E) THE SUBCABINET SHALL :
	667	+	(D) EACH PUBLIC SENIOR HI GHER EDUCATION INSTI TUTION AND 8
	668	+	BALTIMORE CITY COMMUNITY COLLEGE SHALL SUBMIT TO THE DEPARTMENT AN 9
	669	+	ANNUAL REPORT ON ART IFICIAL INTELLIGENCE PROCURED AND DEPLOYE D. 10
702	670
703		-	(1) DEVELOP STRATEGY , POLICY, AND MONITORING PROCE SSES FOR
704		-	RESPONSIBLE AND PROD UCTIVE USE OF ARTIFI CIAL INTELLIGENCE AN D
705		-	ASSOCIATED DATA BY U NITS OF STATE GOVERNMENT ;
	671	+	3.5–804. 3.5–805. 11
706	672
707		-	(2) OVERSEE THE STATE’S IMPLEMENTATION OF :
	673	+	(A) BEGINNING JULY JANUARY JULY 1, 2025, A UNIT OF STATE 12
	674	+	GOVERNMENT MAY NOT P ROCURE OR IMPLEMENT A DEPLOY A NEW SYSTEM THAT 13
	675	+	EMPLOYS ARTIFICIAL I NTELLIGENCE UNLESS T HE SYSTEM COMPLIES W ITH THE 14
	676	+	POLICIES AND PROCEDU RES ADOPTED UNDER § 3.5–803 3.5–804 OF THIS SUBTITLE. 15
708	677
709		-	(I) ARTIFICIAL INTELLIGE NCE INVENTORY ;
	678	+	(B) A UNIT OF STATE GOVERNMENT THAT EMPLOYS RIGHTS–IMPACTING OR 16
	679	+	SAFETY–IMPACTING HIGH–RISK ARTIFICIAL INTELLIGE NCE SHALL CONDUCT 17
	680	+	REGULAR IMPACT ASSES SMENTS, AS DETERMINED BY THE GOVERNOR’S ARTIFICIAL 18
	681	+	INTELLIGENCE SUBCABINET OF THE GOVERNOR’S EXECUTIVE COUNCIL. 19
710	682
711		-	~~(II) DATA INVENTO RY;~~
	683	+	3.5–805. 3.5–806. 20
712	684
713		-	(III) ARTIFICIAL INTELLIGE NCE IMPACT ASSESSMEN TS;
	685	+	(A) THERE IS A GOVERNOR’S ARTIFICIAL INTELLIGENCE SUBCABINET OF 21
	686	+	THE GOVERNOR’S EXECUTIVE COUNCIL. 22
714	687
715		-	(IV) ~~(III) MONITORING~~ OF ~~ARTIFI~~ ~~CIAL INTELLIGENCE~~
716		-	~~INVOLVING A HIGH –RISK~~ ~~ACTION RIGHTS–IMPACTING OR SAFETY –IMPACTING~~
717		-	~~ARTIFICIAL INTELLIGE NCE;~~ AND
	688	+	(B) THE PURPOSE OF THE SUBCABINET IS TO FACI LITATE AND ENHANCE 23
	689	+	COOPERATION AMONG UN ITS OF STATE GOVERNMENT , IN CONSULTATION WITH 24
	690	+	ACADEMIC INSTITUTION S AND INDUSTRIES UTI LIZING ARTIFICIAL IN TELLIGENCE. 25
718	691
719		-	(III) MONITORING OF HIGH –RISK ARTIFICIAL INTELLIGENCE ;
720		-	AND
	692	+	(C) THE SUBCABINET CONSISTS O F THE FOLLOWING MEMB ERS: 26
721	693
722		-	(V) (IV) COMPLIANCE WITH STATE POLICIES AND
723		-	PROCEDURES ;
	694	+	(1) THE SECRETARY, OR THE SECRETARY’S DESIGNEE; 27
724	695
725		-	(3) ~~SUPPORT ARTIFICIAL I NTELLIGENCE~~ AND ~~DATA INNOVATION~~
726		-	~~ACROSS UNITS OF STATE GOVERNMENT AND IN PRIVATE SECTO R ENTERPRISE BY:~~;
	696	+	(2) THE SECRETARY OF BUDGET AND MANAGEMENT , OR THE 28
	697	+	SECRETARY’S DESIGNEE; 29
727	698
728		-	(I) ~~IDENTIFYING AND PRIO RITIZING BEST USES~~ OF ~~ARTIFICIAL~~
729		-	~~INTELLIGENCE IN EACH UNIT OF STATE GOVERNMENT AND IN PRIVATE SECTOR~~
730		-	~~ENTERPRISE;~~
	699	+	(3) THE SECRETARY OF GENERAL SERVICES, OR THE SECRETARY’S 30
	700	+	DESIGNEE; 31
	701	+	16 SENATE BILL 818
731	702
732		-	(II) TESTING PROOFS OF CO NCEPT OF PRIORITY AR TIFICIAL
733		-	INTELLIGENCE USE IN PROTOTYPING ;
734	703
735		-	(III) REDUCING BARRIERS TO THE RESPONSIBLE USE OF
736		-	ARTIFICIAL INTEL LIGENCE AND STATE DATA;
	704	+	(4) THE SECRETARY OF LABOR, OR THE SECRETARY’S DESIGNEE; 1
737	705
738		-	(IV) ~~DEVELOPING SUCCESSFU L ARTIFICIAL INTELLI GENCE~~
739		-	~~PILOTS INTO PRODUCTI ON~~; ~~AND~~
	706	+	(5) THE SECRETARY OF COMMERCE, OR THE SECRETARY’S 2
	707	+	DESIGNEE; 3
740	708
741		-	(V) TRAINING AND WORKFOR CE DEVELOPMENT ; WES MOORE, Governor Ch. 496
	709	+	(6) THE DIRECTOR OF THE GOVERNOR’S OFFICE OF HOMELAND 4
	710	+	SECURITY, OR THE DIRECTOR’S DESIGNEE; 5
742	711
743		-	– 17 –
	712	+	(7) THE CHIEF PRIVACY OFFICER, OR THE CHIEF PRIVACY 6
	713	+	OFFICER’S DESIGNEE; 7
744	714
745		-	(4) DEVELOP AND IMPLEMEN T A COMPREHENSIVE AC TION PLAN FOR
746		-	RESPONSIBLE AND PROD UCTIVE USE OF ARTIFI CIAL INTELLIGENCE AND
747		-	ASSOCIATED DATA BY U NITS OF STATE GOVERNMENT ;
	715	+	(8) THE CHIEF DATA OFFICER, OR THE CHIEF DATA OFFICER’S 8
	716	+	DESIGNEE; 9
748	717
749		-	(5) ~~ESTABLISH PARTNERSHI PS~~, ~~MEMORANDA OF UNDERST ANDING,~~
750		-	~~AND CONTRACTS TO SUP PORT THE AIMS OF THI~~ S ~~SECTION~~;
	718	+	(9) THE CHIEF INFORMATION SECURITY OFFICER, OR THE CHIEF 10
	719	+	INFORMATION SECURITY OFFICER’S DESIGNEE; 11
751	720
752		-	(6) ~~PROMOTE ARTIFICIAL I NTELLIGENCE KNOWLEDG E,~~ ~~SKILLS, AND~~
753		-	~~TALENT IN STATE GOVERNMENT BY:~~
	721	+	(10) THE GOVERNOR’S SENIOR ADVISOR FOR RESPONSIBLE 12
	722	+	ARTIFICIAL INTELLIGENCE , OR THE SENIOR ADVISOR’S DESIGNEE; AND 13
754	723
755		-	(I) IDENTIFYING AND OFFE RING TRAINING PROGRA MS FOR
756		-	STATE WORKERS ON THE USE OF ARTIFICIAL IN TELLIGENCE AND PARTI CULARLY
757		-	GENERATIVE ARTIFICIA L INTELLIGENCE ; AND
	724	+	(11) ANY OTHER MEMBER OF THE GOVERNOR’S EXECUTIVE COUNCIL, 14
	725	+	APPOINTED BY THE GOVERNOR. 15
758	726
759		-	(II) EXPLORING WAYS TO PR OVIDE EXTERNAL ARTIF ICIAL
760		-	INTELLIGENCE TALENT AN OPPORTUNITY TO SERVE TH E STATE AND UNITS OF
761		-	STATE GOVERNMENT IN T ARGETED, SHORT–TERM PROJECTS , INCLUDING BY
762		-	LEVERAGING INSTITUTI ONS OF HIGHER EDUCAT ION OR INDUSTRY ; AND
	727	+	(D) THE SECRETARY SHALL CHAIR THE SUBCABINET. 16
763	728
764		-	(7) IDENTIFY ARTIFICIAL INTELLIGENCE USE CAS ES AND BUILD
765		-	FOUNDATIONAL INFRAST RUCTURE BY REQUIRING:
	729	+	(E) THE SUBCABINET SHALL: 17
766	730
767		-	(I) ~~THE DEPARTMENT TO EVALUAT~~ ~~E RELEVANT~~
768		-	~~INFRASTRUCTURE TO SA FELY, SECURELY,~~ AND ~~EFFICIENTLY TEST ARTIFICIAL~~
769		-	~~INTELLIGENCE PROOFS~~ OF ~~CONCEPT AND PILOT S~~;
	731	+	(1) DEVELOP STRATEGY , POLICY, AND MONITORING PROCE SSES FOR 18
	732	+	RESPONSIBLE AND PROD UCTIVE USE OF ARTIFI CIAL INTELLIGENCE AN D 19
	733	+	ASSOCIATED DATA BY U NITS OF STATE GOVERNMENT ; 20
770	734
771		-	(II) THE DEPARTMENT OF GENERAL SERVICES, IN
772		-	CONSULTATION WITH TH E DEPARTMENT , TO CREATE A MODEL FOR RUNNI NG AND
773		-	PROCURING ARTIFICIAL INTELLIGENCE PROOFS OF CONCEPT AND PILOT S, IN
774		-	ACCORDANCE WITH STATE LAWS, REGULATIONS , AND POLICIES; AND
	735	+	(2) OVERSEE THE STATE’S IMPLEMENTATION OF : 21
775	736
776		-	(III) THE DEPARTMENT , IN CONSULTATION WITH THE
777		-	SUBCABINET, TO COORDINATE WITH A GENCIES TO PROVIDE S UPPORT IN
778		-	IDENTIFYING AND PRIO RITIZING USE CASES A ND EXECUTING PROOFS OF CONCEPT
779		-	AND PILOTS ALIGNED W ITH THE GOVERNOR’S PRIORITIES.
	737	+	(I) ARTIFICIAL INTELLIGENCE INVENTO RY; 22
780	738
781		-	(F) THE GOVERNOR SHALL PROVID E THE SUBCABINET WITH SUFFI CIENT
782		-	RESOURCES TO PERFORM THE FUNCTIONS OF THI S SECTION.
	739	+	(II) DATA INVENTORY ; 23
783	740
784		-	(G) FOR EACH FISCAL YEAR , THE GOVERNOR MAY INCLUDE IN THE ANNUAL
785		-	BUDGET BILL AN APPRO PRIATION OF UP TO $3,000,000 FOR PARTNERSHIPS AND
786		-	CONTRACTS TO SUPPORT THE FUNCTIONS REQUIR ED IN THIS SECTION.
787		-	Ch. 496 2024 LAWS OF MARYLAND
	741	+	(III) ARTIFICIAL INTELLIGE NCE IMPACT ASSESSMEN TS; 24
788	742
789		-	– 18 –
790		-	12–101.
	743	+	(IV) (III) MONITORING OF ARTIFI CIAL INTELLIGENCE 25
	744	+	INVOLVING A HIGH –RISK ACTION RIGHTS–IMPACTING OR SAFETY –IMPACTING 26
	745	+	ARTIFICIAL INTELLIGE NCE; AND 27
	746	+	SENATE BILL 818 17
791	747
792		-	(a) This section does not apply to:
793	748
794		-	(1) capital expenditures by the Department of Transportation or the
795		-	Maryland Transportation Authority, in connection with State roads, bridges, or highways,
796		-	as provided in § 12–202 of this title; [or]
	749	+	(III) MONITORING OF HIGH –RISK ARTIFICIAL INTE LLIGENCE; 1
	750	+	AND 2
797	751
798		-	(2) procurements by the Department of General Services AND THE
799		-	DEPARTMENT OF INFORMATION TECHNOLOGY for the purpose of modernizing
800		-	INFORMATION TECHNOLO GY AND cybersecurity infrastructure for the State valued
801		-	below $1,000,000; OR
	752	+	(V) (IV) COMPLIANCE WITH STATE POLICIES AND 3
	753	+	PROCEDURES ; 4
802	754
803		-	(3) ~~COMPETITIVE PROOF OF CONCEPT PROCUREMENTS VALUED~~
804		-	~~BELOW $1,000,000 MADE UNDER § 13–116~~ OF ~~THIS ARTICLE .~~
	755	+	(3) SUPPORT ARTIFICIAL I NTELLIGENCE AND DATA INNOVATION 5
	756	+	ACROSS UNITS OF STATE GOVERNMENT AND IN PRIVATE SECTO R ENTERPRISE BY:; 6
805	757
806		-	(b) (1) The Board may control procurement by units.
	758	+	(I) IDENTIFYING AND PRIO RITIZING BEST USES O F ARTIFICIAL 7
	759	+	INTELLIGENCE IN EACH UNIT OF STATE GOVERNMENT AND IN PRIVATE SECTOR 8
	760	+	ENTERPRISE; 9
807	761
808		-	(2) To implement the provisions of this Division II, the Board may:
	762	+	(II) TESTING PROOFS OF CO NCEPT OF PRIORITY AR TIFICIAL 10
	763	+	INTELLIGENCE USE IN PROTOTYPING ; 11
809	764
810		-	(i) set policy;
	765	+	(III) REDUCING BARRIERS TO THE RESPONSIBLE U SE OF 12
	766	+	ARTIFICIAL INTELLIGE NCE AND STATE DATA; 13
811	767
812		-	(ii) ~~adopt regulations,~~ ~~in accordance with Title 10,~~ ~~Subtitle 1 of the~~
813		-	~~State Government Article~~; and
	768	+	(IV) DEVELOPING SUCCESSFU L ARTIFICIAL INTELLI GENCE 14
	769	+	PILOTS INTO PRODUCTI ON; AND 15
814	770
815		-	(iii) establish internal operational procedures consistent with this
816		-	Division II.
	771	+	(V) TRAINING AND WORKFOR CE DEVELOPMENT ; 16
817	772
818		-	(3) The Board shall ensure that the regulations of the primary
819		-	procurement units provide for procedures that are consistent with this Division II and Title
820		-	13, Subtitle 4 of the State Personnel and Pensions Article and, to the extent the
821		-	circumstances of a particular type of procurement or a particular unit do not require
822		-	otherwise, are substantially the same.
	773	+	(4) DEVELOP AND IMPLEMEN T A COMPREHENSIVE AC TION PLAN FOR 17
	774	+	RESPONSIBLE AND PRODUC TIVE USE OF ARTIFICI AL INTELLIGENCE AND 18
	775	+	ASSOCIATED DATA BY U NITS OF STATE GOVERNMENT ; 19
823	776
824		-	(4) The Board may delegate any of its authority that it determines to be
825		-	appropriate for delegation and may require prior Board approval for specified procurement
826		-	actions.
	777	+	(5) ESTABLISH PARTNERSHI PS, MEMORANDA OF UNDERST ANDING, 20
	778	+	AND CONTRACTS TO SUP PORT THE AIMS OF THI S SECTION; 21
827	779
828		-	(5) Except as limited by the Maryland Constitution, the Board may
829		-	exercise any control authority conferred on a primary procurement unit by this Division II
830		-	and, to the extent that its action conflicts with the action of the primary procurement unit,
831		-	the action of the Board shall prevail.
832		-	WES MOORE, Governor Ch. 496
	780	+	(6) PROMOTE ARTIFICIAL I NTELLIGENCE K NOWLEDGE , SKILLS, AND 22
	781	+	TALENT IN STATE GOVERNMENT BY: 23
833	782
834		-	– 19 –
835		-	(c) On or before December 1 each year, the Department of General Services shall
836		-	submit a report to the Board on procurements made under subsection (a)(2) of this section
837		-	that shall include for each procurement:
	783	+	(I) IDENTIFYING AND OFFE RING TRAINING PROGRA MS FOR 24
	784	+	STATE WORKERS ON THE USE OF ARTIFICIAL IN TELLIGENCE AND PARTI CULARLY 25
	785	+	GENERATIVE ARTIFICIA L INTELLIGENCE ; AND 26
838	786
839		-	(1) the purpose of the procurement;
	787	+	(II) EXPLORING WAYS TO PR OVIDE EXTERNAL ARTIFICIAL 27
	788	+	INTELLIGENCE TALENT AN OPPORTUNITY TO SE RVE THE STATE AND UNITS OF 28
	789	+	STATE GOVERNMENT IN T ARGETED, SHORT–TERM PROJECTS , INCLUDING BY 29
	790	+	LEVERAGING INSTITUTI ONS OF HIGHER EDUCAT ION OR INDUSTRY ; AND 30
	791	+	18 SENATE BILL 818
840	792
841		-	(2) the name of the contractor;
842	793
843		-	(3) the contract amount;
	794	+	(7) IDENTIFY ARTIFICIAL INTELLIGENCE USE CASES AND BUILD 1
	795	+	FOUNDATIONAL INFRAST RUCTURE BY REQUIRING : 2
844	796
845		-	(4) the method of procurement utilized;
	797	+	(I) THE DEPARTMENT TO EVALUAT E RELEVANT 3
	798	+	INFRASTRUCTURE TO SA FELY, SECURELY, AND EFFICIENTLY TEST ARTIFICIAL 4
	799	+	INTELLIGENCE PROOFS OF CONCEPT AND PILOT S; 5
846	800
847		-	(5) the number of bidders who bid on the procurement; and
	801	+	(II) THE DEPARTMENT OF GENERAL SERVICES, IN 6
	802	+	CONSULTATION WITH TH E DEPARTMENT , TO CREATE A MODEL FO R RUNNING AND 7
	803	+	PROCURING ARTIFICIAL INTELLIGENCE PROOFS OF CONCEPT AND PILOT S, IN 8
	804	+	ACCORDANCE WITH STATE LAWS, REGULATIONS , AND POLICIES; AND 9
848	805
849		-	(6) the contract term.
	806	+	(III) THE DEPARTMENT , IN CONSULTATION WITH THE 10
	807	+	SUBCABINET, TO COORDINATE WITH A GENCIES TO PROVIDE S UPPORT IN 11
	808	+	IDENTIFYING AND PRIO RITIZING USE CASES A ND EXECUTING PROOFS OF CONCEPT 12
	809	+	AND PILOTS ALIGNED W ITH THE GOVERNOR’S PRIORITIES. 13
850	810
851		-	(D) ON OR BEFORE DECEMBER 1 EACH YEAR, THE DEPARTMENT OF
852		-	GENERAL SERVICES SHALL SUBMIT A REPORT TO THE BOARD ON PROCUREMENTS
853		-	MADE UNDER SUBSECTIO N (A)(3) OF THIS SECTION THAT SH ALL INCLUDE FOR EACH
854		-	PROCUREMENT :
	811	+	(F) THE GOVERNOR SHALL PROVID E THE SUBCABINET WITH SUFFI CIENT 14
	812	+	RESOURCES TO P ERFORM THE FUNCTIONS OF THIS SECTION. 15
855	813
856		-	(1) THE PURPOSE OF THE P ROCUREMENT ;
	814	+	(G) FOR EACH FISCAL YEAR , THE GOVERNOR MAY INCLUDE IN THE ANNUAL 16
	815	+	BUDGET BILL AN APPRO PRIATION OF UP TO $3,000,000 FOR PARTNERSHIPS AND 17
	816	+	CONTRACTS TO SUPPORT THE FUNCTIONS REQUIR ED IN THIS SECTION. 18
857	817
858		-	~~(2) THE NAME OF THE CONT RACTOR;~~
	818	+	12–101. 19
859	819
860		-	(3) ~~THE CONTRACT AMOUNT ;~~
	820	+	(a) This section does not apply to: 20
861	821
862		-	(4) THE NUMBER OF PROPOS ALS RECEIVED ON THE PROCUREMENT ;
863		-	AND
	822	+	(1) capital expenditures by the Department of Transportation or the 21
	823	+	Maryland Transportation Authority, in connection with State roads, bridges, or highways, 22
	824	+	as provided in § 12–202 of this title; [or] 23
864	825
865		-	(5) THE CONTRACT TERM .
	826	+	(2) procurements by the Department of General Services AND THE 24
	827	+	DEPARTMENT OF INFORMATION TECHNOLOGY for the purpose of modernizing 25
	828	+	INFORMATION TECHNOLO GY AND cybersecurity infrastructure for the State valued 26
	829	+	below $1,000,000; OR 27
866	830
867		-	13–116.
	831	+	(3) COMPETITIVE PROOF OF CONCEPT PROCUREMENTS VALUED 28
	832	+	BELOW $1,000,000 MADE UNDER § 13–116 OF THIS ARTICLE . 29
868	833
869		-	(A) IN THIS SECTION, “PROOF OF CONCEPT ” MEANS A TEST, EVALUATION,
870		-	DEMONSTRATION , OR PILOT PROJECT OF A GOOD OR SERVICE GOOD, SERVICE, OR
871		-	TECHNOLOGY IN A REAL–WORLD ENVIRONMENT TO EVALUATE WHETHER THE GOOD
872		-	OR SERVICE GOOD, SERVICE, OR TECHNOLOGY CAN BE SUCCESSFULLY DEPLOYED
873		-	AND IS BENEFICIAL TO THE STATE.
	834	+	(b) (1) The Board may control procurement by units. 30
874	835
875		-	(B) (1) A COMPETITIVE PROOF OF CONCEPT PROCUREMENT IS A FORMAL
876		-	COMPETITIVE PROCUREM ENT METHOD THAT MAY BE USED TO SOLICIT P ROPOSALS
877		-	FOR THE CONDUCT OF A PROOF OF CONCEPT PRI OR TO FULL IMPLEMENT ATION
878		-	WHEN THE HEAD OF A U NIT DETERMINES THE P ROCESS TO BE APPROPR IATE AND IN
879		-	THE BEST INTERESTS O F THE UNIT, INCLUDING: Ch. 496 2024 LAWS OF MARYLAND
	836	+	(2) To implement the provisions of this Division II, the Board may: 31
880	837
881		-	~~– 20 –~~
	838	+	(i) set policy; 32 SENATE BILL 818 19
882	839
883		-	(I) TESTING SOFTWARE –AS–A–SERVICE OR OFF –THE–SHELF
884		-	SOFTWARE;
885	840
886		-	(II) TESTING NEW, INNOVATIVE PRODUCTS OR SERVICES; OR
887	841
888		-	(~~III~~) ~~TESTING A PRODUCT OR SERVICE CONCEPTUALIZ ED OR~~
889		-	~~CONCEIVED OF BY A UN IT OF~~ STATE GOVERNMENT .
	842	+	(ii) adopt regulations, in accordance with Title 10, Subtitle 1 of the 1
	843	+	State Government Article; and 2
890	844
891		-	(2) (I) AFTER OBTAINING THE A PPROVAL OF THE HEAD OF THE
892		-	UNIT AND BEFORE COND UCTING A COMPETITIVE PROOF OF CONCEPT
893		-	PROCUREMENT , THE UNIT SHALL OBTAI N APPROVAL FROM THE SECRETARY OF
894		-	INFORMATION TECHNOLOGY , OR THE SECRETARY’S DESIGNEE.
	845	+	(iii) establish internal operational procedures consistent with this 3
	846	+	Division II. 4
895	847
896		-	(II) THE SECRETARY OF INFORMATION TECHNOLOGY MAY
897		-	GRANT APPROVAL FOR A COMPETITIVE PROOF OF CONCEPT PROCUREMENT IF THE
898		-	UNIT:
	848	+	(3) The Board shall ensure that the regulations of the primary 5
	849	+	procurement units provide for procedures that are consistent with this Division II and Title 6
	850	+	13, Subtitle 4 of the State Personnel and Pensions Article and, to the extent the 7
	851	+	circumstances of a particular type of procurement or a particular unit do not require 8
	852	+	otherwise, are substantially the same. 9
899	853
900		-	1. HAS SUFFICIENT INTER NAL RESOURCES TO MAN AGE
901		-	THE PROOF OF CONCEPT , INCLUDING HUMAN CAPI TAL, SUBJECT MATTER
902		-	EXPERTISE, AND TECHNOLOGICAL IN FRASTRUCTURE , OR HAS THE MEANS TO
903		-	OBTAIN THESE RESOURC ES; AND
	854	+	(4) The Board may delegate any of its authority that it determines to be 10
	855	+	appropriate for delegation and may require prior Board approval for specified procurement 11
	856	+	actions. 12
904	857
905		-	2. ENTERS INTO A MEMORA NDUM OF UNDERSTANDIN G
906		-	WITH THE DEPARTMENT OF INFORMATION TECHNOLOGY THAT REQUI RES REGULAR
907		-	STATUS UPDATES , VENDOR CAPACITY , AND ANY OTHER INFORM ATION NECESSARY
908		-	FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY TO EVALUAT E WHETHER
909		-	THE PROOF OF CONCEPT CAN BE SUCCESSFULLY DEPLOYED AND IS BENE FICIAL TO
910		-	THE STATE.
	858	+	(5) Except as limited by the Maryland Constitution, the Board may 13
	859	+	exercise any control authority conferred on a primary procurement unit by this Division II 14
	860	+	and, to the extent that its action conflicts with the action of the primary procurement unit, 15
	861	+	the action of the Board shall prevail. 16
911	862
912		-	(C) (1~~) A COMPETITIVE PROOF~~ OF ~~CONCEPT PROCUREMENT MAY BE~~
913		-	~~CONDUCTED THROUGH TH E ISSUANCE~~ OF ~~A SOLICITATION BY ANY METHOD OF~~
914		-	PROCUREMENT ~~AUTHORIZ ED UNDER THIS DIVISION II.~~
	863	+	(c) On or before December 1 each year, the Department of General Services shall 17
	864	+	submit a report to the Board on procurements made under subsection (a)(2) of this section 18
	865	+	that shall include for each procurement: 19
915	866
916		-	(2) A COMPETITIVE PROOF OF CONCEPT PROCUREMENT
917		-	SOLICITATION SHALL I NCLUDE A STATEMENT O F:
	867	+	(1) the purpose of the procurement; 20
918	868
919		-	(I) THE SCOPE OF WORK OR PROJECT DESCRIPTION ,
920		-	INCLUDING THE INTEND ED USE, QUANTITY, ESTIMATED TIME FRAME FOR THE
921		-	PROOF OF CONCEPT , AND ANTICIPATED NUMB ER OF PROOF OF CONCE PT AWARDS
922		-	THAT WILL BE MADE ; AND
923		-	WES MOORE, Governor Ch. 496
	869	+	(2) the name of the contractor; 21
924	870
925		-	– 21 –
926		-	(II) THE FACTORS , INCLUDING PRICE , THAT WILL BE USED IN
927		-	EVALUATING PROPOSALS AND THE RELATIVE IMP ORTANCE OF EACH .
	871	+	(3) the contract amount; 22
928	872
929		-	(3) A SOLICITATION MAY BE DISTR IBUTED TO VENDORS KN OWN TO
930		-	OFFER GOODS OR SERVI CES WITHIN THE SCOPE OF THE PROOF OF CONC EPT AND
931		-	SHALL, EXCEPT FOR PROCUREME NTS UNDER $15,000 NOT OTHERWISE REQUIR ED
932		-	BY LAW TO BE POSTED , BE POSTED ON EMARYLAND MARKETPLACE ADVANTAGE, IN
933		-	ACCORDANCE WITH THE PO LICIES AND PROCEDURE S UNDER SUBSECTION (G) OF
934		-	THIS SECTION.
	873	+	(4) the method of procurement utilized; 23
935	874
936		-	(D) AFTER RECEIPT OF PROP OSALS BUT BEFORE AWA RD OF A
937		-	PROCUREMENT CONTRACT , A UNIT MAY:
	875	+	(5) the number of bidders who bid on the procurement; and 24
938	876
939		-	(1) CONDUCT DISCUSSIONS WITH AN OFFEROR TO E NSURE FULL
940		-	UNDERSTANDING OF :
	877	+	(6) the contract term. 25
941	878
942		-	(I) THE REQUIREMENTS OF THE UNIT, AS SET FORTH IN THE
943		-	REQUEST FOR PROPOSAL S; AND
	879	+	(D) ON OR BEFORE DECEMBER 1 EACH YEAR, THE DEPARTMENT OF 26
	880	+	GENERAL SERVICES SHALL SUBMIT A REPORT TO THE BOARD ON PROCUREMENTS 27
	881	+	MADE UNDER SUBSECTIO N (A)(3) OF THIS SECTION THAT SHALL INCLUDE FOR EA CH 28
	882	+	PROCUREMENT : 29
944	883
945		-	(II) THE ~~PROPOSAL SUBMITT ED BY~~ THE ~~OFFEROR~~ ; ~~AND~~
	884	+	(1) THE PURPOSE OF THE P ROCUREMENT ; 30
946	885
947		-	(2) REQUEST PRODUCT SAMP LES FOR TESTING BY T HE UNIT OR A
948		-	DEMONSTRATION OF A P RODUCT OR SERVICE AN D USE THESE SAMPLES OR
949		-	DEMONSTRATIONS IN ITS EV ALUATION PROCESS .
	886	+	(2) THE NAME OF THE CONT RACTOR; 31 20 SENATE BILL 818
950	887
951		-	(E) A REQUEST FOR PRODUCT SAMPLES FOR TESTING OR DEMONSTRATION
952		-	MADE UNDER SUBSECTIO N (D)(2) OF THIS SECTION SHAL L BE ISSUED TO ALL
953		-	OFFERORS DEEMED REAS ONABLE AT THE TIME O F THE REQUEST .
954	888
955		-	(F) A UNIT MAY:
956	889
957		-	(1) AWARD ONE OR MORE OF THE PROPOSALS A CONTRACT FOR THE
958		-	PROOF OF CONCEPT ; AND
	890	+	(3) THE CONTRACT AMOUNT ; 1
959	891
960		-	(2) ~~PROVIDE AN OPTION FO R~~ THE ~~STATE TO PROCEED WITH A FULL~~
961		-	~~IMPLEMENTATION OF AN AWARDED PROPOSAL .~~
	892	+	(4) THE NUMBER OF PROPOS ALS RECEIVED ON THE PROCURE MENT; 2
	893	+	AND 3
962	894
963		-	(G) A VENDOR AWARDED A PRO OF OF CONCEPT PROCUR EMENT SHALL BE
964		-	ELIGIBLE TO BID ON A PROCUREMENT TO IMP LEMENT A PROPOSAL RE LATED TO
965		-	THE PROOF OF CONCEPT PROCUREMENT .
	895	+	(5) THE CONTRACT TERM . 4
966	896
967		-	(H) THE DEPARTMENT OF GENERAL SERVICES, IN CONSULTATION WITH
968		-	THE DEPARTMENT OF INFORMATION TECHNOLOGY , SHALL ADOPT POLICIES AND Ch. 496 2024 LAWS OF MARYLAND
	897	+	13–116. 5
969	898
970		-	– 22 –
971		-	PROCEDURES FOR THE D EVELOPMENT AND IMPLE MENTATION OF COMPETITIV E
972		-	PROOF OF CONCEPT PRO CUREMENTS .
	899	+	(A) IN THIS SECTION, “PROOF OF CONCEPT ” MEANS A TEST, EVALUATION, 6
	900	+	DEMONSTRATION , OR PILOT PROJECT OF A GOOD OR SERVICE GOOD, SERVICE, OR 7
	901	+	TECHNOLOGY IN A REAL–WORLD ENVIRONMENT TO EVALUATE WHETHER THE GOOD 8
	902	+	OR SERVICE GOOD, SERVICE, OR TECHNOLOGY CAN BE SUCCESSFULLY DEPLOYED 9
	903	+	AND IS BENEFICIAL TO THE STATE. 10
973	904
974		-	SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1,
975		-	2024, the Governor’s Artificial Intelligence Subcabinet of the Governor’s Executive Council,
976		-	in consultation with the appropriate stakeholders, shall submit an interim report and
977		-	recommendations to the Governor and, in accordance with § 2 –1257 of the State
978		-	Government Article, the General Assembly on the risks and opportunities and associated
979		-	recommendations related to:
	905	+	(B) (1) A COMPETITIVE PROOF OF CONCEPT PROCUREMENT IS A FORMAL 11
	906	+	COMPETITIVE PROCUREM ENT METHOD THAT MAY BE USED TO SOLICIT P ROPOSALS 12
	907	+	FOR THE CONDUCT OF A PROOF OF CONCEPT PRIOR TO FULL IMPLEMENTATI ON 13
	908	+	WHEN THE HEAD OF A U NIT DETERMINES THE P ROCESS TO BE APPROPR IATE AND IN 14
	909	+	THE BEST INTERESTS O F THE UNIT, INCLUDING: 15
980	910
981		-	(1) ~~use of artificial intelligence to support job and business creation and~~
982		-	~~growth in the State~~;
	911	+	(I) TESTING SOFTWARE –AS–A–SERVICE OR OFF –THE–SHELF 16
	912	+	SOFTWARE; 17
983	913
984		-	(2) in collaboration with the Maryland Department of Labor and, as
985		-	appropriate, external experts, workers, labor unions, businesses, and civil society, use of
986		-	artificial intelligence by the State workforce, including opportunities to upskill the
987		-	workforce;
	914	+	(II) TESTING NEW, INNOVATIVE PRODUCTS OR SERVICES ; OR 18
988	915
989		-	(3) in consultation with the Maryland Department of Emergency
990		-	Management, the Public Service Commission, the Department of the Environment, and the
991		-	Department of Transportation, use of artificial intelligence in critical infrastructure and
992		-	guidelines for owners and operators to incorporate risk management into critical
993		-	infrastructure, including mapping emergent cyber and physical security and resiliency
994		-	risks to the State infrastructure and residents stemming from artificial intelligence;
	916	+	(III) TESTING A PRODUCT OR SERVICE CONCEPTUALIZ ED OR 19
	917	+	CONCEIVED OF BY A UN IT OF STATE GOVERNMENT . 20
995	918
996		-	(4) in consultation with the Maryland Department of Health, the U.S.
997		-	Department of Veterans Affairs, and the U.S. Department of Homeland Security, use of
998		-	systems that employ artificial intelligence in health care delivery and human services;
	919	+	(2) (I) AFTER OBTAINING THE A PPROVAL OF THE HEAD OF THE 21
	920	+	UNIT AND BEFORE COND UCTING A COMPETITIVE PROOF OF CONCEPT 22
	921	+	PROCUREMENT , THE UNIT SHALL OBTAI N APPROVAL FROM THE SECRETARY OF 23
	922	+	INFORMATION TECHNOLOGY , OR THE SECRETARY’S DESIGNEE. 24
999	923
1000		-	(5) in consultation with the Department of Information Technology Office
1001		-	of Security Management and the Chief Privacy Officer, use of artificial intelligence in the
1002		-	discovery and remediation of vulnerabilities in cybersecurity and data management across
1003		-	State and local government, including school systems;
	924	+	(II) THE SECRETARY OF INFORMATION TECHNOLOGY MAY 25
	925	+	GRANT APPROVAL FOR A COMPETITIVE PROOF OF CONCEPT PROCUREMENT IF THE 26
	926	+	UNIT: 27
1004	927
1005		-	(6) in consultation with the State Chief Privacy Officer and an independent
1006		-	contractor identified by the Subcabinet, data privacy, specifically regarding the potential
1007		-	to train systems that employ artificial intelligence;
	928	+	1. HAS SUFFICIENT INTERNAL RESOURCES TO MANAGE 28
	929	+	THE PROOF OF CONCEPT , INCLUDING HUMAN CAPI TAL, SUBJECT MATTER 29
	930	+	EXPERTISE, AND TECHNOLOGICAL IN FRASTRUCTURE , OR HAS THE MEANS TO 30
	931	+	OBTAIN THESE RESOURC ES; AND 31
	932	+	SENATE BILL 818 21
1008	933
1009		-	(7) in consultation with the Maryland Department of Labor, the
1010		-	Department of Commerce, and the Governor’s Office of Small, Minority, and Women
1011		-	Business Affairs, use of artificial intelligence in workforce training and hiring of talent with
1012		-	expertise in artificial intelligence, employment practices, and workforce development
1013		-	implications;
1014		-	WES MOORE, Governor Ch. 496
1015	934
1016		-	– 23 –
1017		-	(8) in consultation with the Office of the Attorney General and the Judicial
1018		-	Branch, use of artificial intelligence in the criminal justice system, including whether and
1019		-	how such technology should be used, in what contexts, and with what safeguards;
	935	+	2. ENTERS INTO A MEMORA NDUM OF UNDERSTANDIN G 1
	936	+	WITH THE DEPARTMENT OF INFORMATION TECHNOLOGY THAT REQUI RES REGULAR 2
	937	+	STATUS UPDATES , VENDOR CAPACITY , AND ANY OTHER INFORM ATION NECESSARY 3
	938	+	FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY TO EVALUAT E WHETHER 4
	939	+	THE PROOF OF CONCEPT CAN BE SUCCESSFULLY DEPLOYED AND IS BENE FICIAL TO 5
	940	+	THE STATE. 6
1020	941
1021		-	(9) ~~the~~ procurement ~~of systems that employ artificial intelligence,~~
1022		-	~~including efforts to increase competition and assurance that contracts retain sufficient data~~
1023		-	~~privacy protection against vendor lock–in;~~
	942	+	(C) (1) A COMPETITIVE PROOF OF CONCEPT PROCUREMENT MAY BE 7
	943	+	CONDUCTED THROUGH TH E ISSUANCE OF A SOLI CITATION BY ANY METH OD OF 8
	944	+	PROCUREMENT AUTHORIZ ED UNDER THIS DIVISION II. 9
1024	945
1025		-	(10) use of artificial intelligence by occupations licensed and certified by the
1026		-	State, in consultation with the boards, identifying ways for the regulatory board to identify
1027		-	and manage the risks of opportunities of artificial intelligence and determine appropriate
1028		-	permitted use and supervision by licensees; and
	946	+	(2) A COMPETITIVE PROOF OF CONCEPT PROCUREMENT 10
	947	+	SOLICITATION SH ALL INCLUDE A STATEM ENT OF: 11
1029	948
1030		-	(11) use of artificial intelligence in local school systems, including
1031		-	recommendations to the State on the responsible and productive use of artificial
1032		-	intelligence based on a review of the federal Department of Education Office of Educational
1033		-	Technology’s report entitled “Artificial Intelligence and the Future of Teaching and
1034		-	Learning: Insights and Recommendations”, in collaboration with the State Department of
1035		-	Education.
	949	+	(I) THE SCOPE OF WORK OR PROJECT DESCRIPTION , 12
	950	+	INCLUDING THE INTEND ED USE, QUANTITY, ESTIMATED TIME FRAME FOR THE 13
	951	+	PROOF OF CONCEPT , AND ANTICIPATED NUMB ER OF PROOF OF CONCE PT AWARDS 14
	952	+	THAT WILL BE MADE ; AND 15
1036	953
1037		-	SECTION 2. AND BE IT FURTHER ENACTED, That:
	954	+	(II) THE FACTOR S, INCLUDING PRICE , THAT WILL BE USED IN 16
	955	+	EVALUATING PROPOSALS AND THE RELATIVE IMP ORTANCE OF EACH . 17
1038	956
1039		-	(a) The Governor’s Artificial Intelligence Subcabinet of the Governor’s Executive
1040		-	Council, in consultation with the appropriate units of State government, shall:
	957	+	(3) A SOLICITATION MAY BE DISTRIBUTED TO VENDO RS KNOWN TO 18
	958	+	OFFER GOODS OR SERVI CES WITHIN THE SCOPE OF THE PROOF OF CONC EPT AND 19
	959	+	SHALL, EXCEPT FOR PROCUREME NTS UNDER $15,000 NOT OTHERWISE REQUIR ED 20
	960	+	BY LAW TO BE POSTED , BE POSTED ON EMARYLAND MARKETPLACE ADVANTAGE, IN 21
	961	+	ACCORDANCE WITH THE POLICIES AND PROCEDU RES UNDER SUBSECTION (G) OF 22
	962	+	THIS SECTION. 23
1041	963
1042		-	(1) ~~develop~~ a ~~roadmap to review the risks and opportunities associated~~
1043		-	~~with the use of artificial intelligence in State services;~~ ~~and~~
	964	+	(D) AFTER RECEIPT OF PROP OSALS BUT BEFORE AWA RD OF A 24
	965	+	PROCUREM ENT CONTRACT , A UNIT MAY: 25
1044	966
1045		-	(2) ~~on or before December 1, 2024, submit the roadmap~~ to ~~the Governor~~
1046		-	~~and, in accordance with § 2–1257~~ of ~~the State Government Article, the General Assembly.~~
	967	+	(1) CONDUCT DISCUSSIONS WITH AN OFFEROR TO E NSURE FULL 26
	968	+	UNDERSTANDING OF : 27
1047	969
1048		-	(b) The roadmap developed under subsection (a) of this section shall include:
	970	+	(I) THE REQUIREMENTS OF THE UNIT, AS SET FORTH IN THE 28
	971	+	REQUEST FOR PROPOSAL S; AND 29
1049	972
1050		-	(1) ~~a plan to study~~ the ~~use of artificial intelligence:~~
	973	+	(II) THE PROPOSAL SUBMITT ED BY THE OFFEROR ; AND 30
1051	974
1052		-	(i) to support job and business creation and growth in the State;
	975	+	(2) REQUEST PRODUCT SAMPLES FOR TESTING BY THE UNIT OR A 31
	976	+	DEMONSTRATION OF A P RODUCT OR SERVICE AN D USE THESE SAMPLES OR 32
	977	+	DEMONSTRATIONS IN IT S EVALUATION PROCESS . 33
	978	+	22 SENATE BILL 818
1053	979
1054		-	(ii) by the State workforce, including opportunities to upskill the
1055		-	workforce;
1056	980
1057		-	(iii) in critical infrastructure, including guidelines for owners and
1058		-	operators to incorporate risk management into critical infrastructure;
	981	+	(E) A REQUEST FOR PRODUCT SAMPLES FOR TESTING OR DEMONSTRATION 1
	982	+	MADE UNDER SUBSECTIO N (D)(2) OF THIS SECT ION SHALL BE ISSUED TO ALL 2
	983	+	OFFERORS DEEMED REAS ONABLE AT THE TIME O F THE REQUEST . 3
1059	984
1060		-	(iv) in health care delivery and human services;
1061		-	Ch. 496 2024 LAWS OF MARYLAND
	985	+	(F) A UNIT MAY: 4
1062	986
1063		-	– 24 –
1064		-	(v) in the discovery and remediation of vulnerabilities in
1065		-	cybersecurity and data management across State and local government, including school
1066		-	systems;
	987	+	(1) AWARD ONE OR MORE OF THE PROPOSALS A CONT RACT FOR THE 5
	988	+	PROOF OF CONCEPT ; AND 6
1067	989
1068		-	(vi) ~~in data privacy,~~ ~~specifically regarding~~ the ~~ability~~ to ~~train systems~~
1069		-	~~that employ artificial intelligence;~~
	990	+	(2) PROVIDE AN OPTION FO R THE STATE TO PROCEED WITH A FULL 7
	991	+	IMPLEMENTATION OF AN AWARDED PROPOSAL . 8
1070	992
1071		-	(vii) in workforce training;
	993	+	(G) A VENDOR AWARDED A PRO OF OF CONCEPT PROCUR EMENT SHALL BE 9
	994	+	ELIGIBLE TO BID ON A PROCUREMENT TO IMPLE MENT A PROPOSAL RELA TED TO 10
	995	+	THE PROOF OF CONCEPT PROCUREMENT . 11
1072	996
1073		-	(viii) in the criminal justice system and for public safety purposes,
1074		-	including whether and how such technology should be used, in what contexts, and with
1075		-	what safeguards;
	997	+	(H) THE DEPARTMENT OF GENERAL SERVICES, IN CONSULTATION WITH 12
	998	+	THE DEPARTMENT OF INFORMATION TECHNOLOGY , SHALL ADOPT POLICIES AND 13
	999	+	PROCEDURES FOR THE D EVELOPMENT AND IMPLE MENTATION OF COMPETI TIVE 14
	1000	+	PROOF OF CONCEPT PRO CUREMENTS . 15
1076	1001
1077		-	(ix) by occupations licensed and certified by the State, including
1078		-	identifying ways for State regulatory boards to identify and manage the risks and
1079		-	opportunities of artificial intelligence and determine appropriate permitted use and
1080		-	supervision of licensees;
	1002	+	SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1, 16
	1003	+	2024, the Governor’s Artificial Intelligence Subcabinet of the Governor’s Executive Council, 17
	1004	+	in consultation with the appropriate stakeholders, shall submit an interim report and 18
	1005	+	recommendations to the Governor and, in accordance with § 2 –1257 of the State 19
	1006	+	Government Article, the General Assembly on the risks and opportunities and associated 20
	1007	+	recommendations related to: 21
1081	1008
1082		-	(x) ~~in local school systems, including recommendations~~ to ~~the State~~
1083		-	on the ~~responsible and productive use of artificial intelligence~~;
	1009	+	(1) use of artificial intelligence to support job and business creation and 22
	1010	+	growth in the State; 23
1084	1011
1085		-	(xi) in the conduct of elections, including reducing or eliminating the
1086		-	spread of misinformation; and
	1012	+	(2) in collaboration with the Maryland Department of Labor and, as 24
	1013	+	appropriate, external experts, workers, labor unions, businesses, and civil society, use of 25
	1014	+	artificial intelligence by the State workforce, including opportunities to upskill the 26
	1015	+	workforce; 27
1087	1016
1088		-	(xii) any other State service identified by the Subcabinet;
	1017	+	(3) in consultation with the Maryland Depa rtment of Emergency 28
	1018	+	Management, the Public Service Commission, the Department of the Environment, and the 29
	1019	+	Department of Transportation, use of artificial intelligence in critical infrastructure and 30
	1020	+	guidelines for owners and operators to incorporate risk management into critical 31
	1021	+	infrastructure, including mapping emergent cyber and physical security and resiliency 32
	1022	+	risks to the State infrastructure and residents stemming from artificial intelligence; 33
	1023	+	SENATE BILL 818 23
1089	1024
1090		-	(2) a plan to study:
1091	1025
1092		-	(i) the hiring of talent with expertise in artificial intelligence,
1093		-	employment practices, and workforce development implications;
	1026	+	(4) in consultation with the Maryland Department of Health, the U.S. 1
	1027	+	Department of Veterans Affairs, and the U.S. Department of Homeland Security, use of 2
	1028	+	systems that employ artificial intelligence in health care delivery and human services; 3
1094	1029
1095		-	(ii) methods to ensure that there is diversity in contract awards and
1096		-	training programs related to artificial intelligence in the State, including racial diversity;
1097		-	and
	1030	+	(5) in consultation with the Department of Information Technology Office 4
	1031	+	of Security Management and the Chief Privacy Officer, use of artificial intelligence in the 5
	1032	+	discovery and remediation of vulnerabilities in cybersecurity and data management across 6
	1033	+	State and local government, including school systems; 7
1098	1034
1099		-	(~~iii~~) the ~~procurement of systems that employ artificial intelligence,~~
1100		-	~~including efforts to increase competition and assurance that contracts retain sufficient~~ data
1101		-	~~privacy protection against vendor lock–in~~;
	1035	+	(6) in consultation with the State Chief Privacy Officer and an independent 8
	1036	+	contractor identified by the Subcabinet, data privacy, specifically regarding the potential 9
	1037	+	to train systems that employ artificial intelligence; 10
1102	1038
1103		-	(3) a prioritization of the study topics listed under this subsection,
1104		-	including the methodology for the prioritization;
	1039	+	(7) in consultation with the Maryland Depart ment of Labor, the 11
	1040	+	Department of Commerce, and the Governor’s Office of Small, Minority, and Women 12
	1041	+	Business Affairs, use of artificial intelligence in workforce training and hiring of talent with 13
	1042	+	expertise in artificial intelligence, employment practices, and workforce development 14
	1043	+	implications; 15
1105	1044
1106		-	(4) a list of appropriate stakeholders identified to participate in each study
1107		-	topic; and
	1045	+	(8) in consultation with the Office of the Attorney General and the Judicial 16
	1046	+	Branch, use of artificial intelligence in the criminal justice system, including whether and 17
	1047	+	how such technology should be used, in what contexts, and with what safeguards; 18
1108	1048
1109		-	(5) the projected timeline to complete each study topic. WES MOORE, Governor Ch. 496
	1049	+	(9) the procurement of systems that employ artificial intelligence, 19
	1050	+	including efforts to increase competition and assurance that contracts retain sufficient data 20
	1051	+	privacy protection against vendor lock–in; 21
1110	1052
1111		-	– 25 –
	1053	+	(10) use of artificial intelligence by occupations licensed and certified by the 22
	1054	+	State, in consultation with the boards, identifying ways for the regulatory board to identify 23
	1055	+	and manage the risks of opportunities of artificial intelligence and determine appropriate 24
	1056	+	permitted use and supervision by licensees; and 25
1112	1057
1113		-	SECTION 3. AND BE IT FURTHER ENACTED, That, on or before December 1,
1114		-	2025, the Governor’s Artificial Intelligence Subcabinet of the Governor’s Executive Council
1115		-	shall submit a report and recommendations to the Governor and, in accordance with §
1116		-	2–1257 of the State Government Article, the General Assembly on the sufficiency of the
1117		-	Subcabinet to accomplish the artificial intelligence goals of the State and the efficacy of the
1118		-	potential transition of the Subcabinet to a department or independent unit of State
1119		-	government.
	1058	+	(11) use of artificial intelligence in local school systems, including 26
	1059	+	recommendations to the State on the responsible and productive use of artificial 27
	1060	+	intelligence based on a review of the federal Department of Education Office of Educational 28
	1061	+	Technology’s report entitled “Artificial Intelligence and the Future of Teaching and 29
	1062	+	Learning: Insights and Recommendations”, in collaboration with the State Department of 30
	1063	+	Education. 31
1120	1064
1121		-	SECTION 4. AND BE IT FURTHER ENACTED, That it is the intent of the General
1122		-	Assembly that the Department of Information Technology:
	1065	+	SECTION 2. AND BE IT FURTHER E NACTED, That: 32
1123	1066
1124		-	(1) evaluate the potential of artificial intelligence in creating a statewide
1125		-	virtual 3–1–1 portal as a source for Maryland residents to obtain nonemergency
1126		-	government information and services; and
	1067	+	(a) The Governor’s Artificial Intelligence Subcabinet of the Governor’s Executive 33
	1068	+	Council, in consultation with the appropriate units of State government, shall: 34
1127	1069
1128		-	(2) if the Department determines that the use of artificial intelligence in
1129		-	creating a virtual 3–1–1 portal is feasible, to prioritize the creation of a virtual 3–1–1 portal
1130		-	through a competitive proof of concept procurement in accordance with § 13–116 of the
1131		-	State Finance and Procurement Article, as enacted by Section 1 of this Act.
	1070	+	(1) develop a roadmap to review the risks and opportunities associated 35
	1071	+	with the use of artificial intelligence in State services; and 36
	1072	+	24 SENATE BILL 818
1132	1073
1133		-	SECTION 4. AND BE IT FURTHER ENACTED, Th at it is the intent of the Maryland
1134		-	General Assembly, contingent on the passage of S.B. 955 or H.B. 1174 of the Acts of the
1135		-	General Assembly of 2024 by both Houses of the General Assembly, that the Governor’s
1136		-	Artificial Intelligence Subcabinet consult with the Technology Advisory Commission
1137		-	established under S.B. 955 or H.B. 1174 of the Acts of the General Assembly of 2024 in the
1138		-	performance of its duties under Sections 1 and 2 of this Act.
1139	1074
1140		-	~~SECTION 4.~~ ~~5. AND BE IT FURTHER ENACTED~~, ~~That this Act shall take effect~~
1141		-	~~July 1~~, ~~2024~~.
	1075	+	(2) on or before December 1, 2024, submit the roadmap to the Governor 1
	1076	+	and, in accordance with § 2–1257 of the State Government Article, the General Assembly. 2
1142	1077
1143		-	Approved by the Governor, May 9, 2024.
	1078	+	(b) The roadmap developed under subsection (a) of this section shall include: 3
	1079	+
	1080	+	(1) a plan to study the use of artificial intelligence: 4
	1081	+
	1082	+	(i) to support job and business creation and growth in the State; 5
	1083	+
	1084	+	(ii) by the State workforce, including opportunities to upskill the 6
	1085	+	workforce; 7
	1086	+
	1087	+	(iii) in critical infrastructure, including guidelines for owners and 8
	1088	+	operators to incorporate risk management into critical infrastructure; 9
	1089	+
	1090	+	(iv) in health care delivery and human services; 10
	1091	+
	1092	+	(v) in the discovery and remediation of vulnerabilities in 11
	1093	+	cybersecurity and data management across State and local government, including school 12
	1094	+	systems; 13
	1095	+
	1096	+	(vi) in data privacy, specifically regarding the ability to train systems 14
	1097	+	that employ artificial intelligence; 15
	1098	+
	1099	+	(vii) in workforce training; 16
	1100	+
	1101	+	(viii) in the criminal justice system and for public safety purposes, 17
	1102	+	including whether and how such technology should be used, in what contexts, and with 18
	1103	+	what safeguards; 19
	1104	+
	1105	+	(ix) by occupations licensed and certified by the State, including 20
	1106	+	identifying ways for State regulatory boards to identify and manage the risks and 21
	1107	+	opportunities of artificial intelligence and determine appropriate permitted use and 22
	1108	+	supervision of licensees; 23
	1109	+
	1110	+	(x) in local school systems, including recommendations to the State 24
	1111	+	on the responsible and productive use of artificial intelligence; 25
	1112	+
	1113	+	(xi) in the conduct of elections, including reducing or eliminating the 26
	1114	+	spread of misinformation; and 27
	1115	+
	1116	+	(xii) any other State service identified by the Subcabinet; 28
	1117	+
	1118	+	(2) a plan to study: 29
	1119	+
	1120	+	(i) the hiring of talent with expertise in artificial intelligence, 30
	1121	+	employment practices, and workforce development implications; 31 SENATE BILL 818 25
	1122	+
	1123	+
	1124	+
	1125	+	(ii) methods to ensure that there is diversity in contract awards and 1
	1126	+	training programs related to artificial intelligence in the State, including racial diversity; 2
	1127	+	and 3
	1128	+
	1129	+	(iii) the procurement of systems that employ artificial intelligence, 4
	1130	+	including efforts to increase competition and assurance that contracts retain sufficient data 5
	1131	+	privacy protection against vendor lock–in; 6
	1132	+
	1133	+	(3) a prioritization of the study topics listed under this subsection, 7
	1134	+	including the methodology for the prioritization; 8
	1135	+
	1136	+	(4) a list of appropriate stakeholders identified to participate in each study 9
	1137	+	topic; and 10
	1138	+
	1139	+	(5) the projected timeline to complete each study topic. 11
	1140	+
	1141	+	SECTION 3. AND BE IT FURTHER ENACTED, That, on or before December 1, 12
	1142	+	2025, the Governor’s Artificial Intelligence Subcabinet of the Governor’s Executive Council 13
	1143	+	shall submit a report and recommendations to the Governor and, in accordance with § 14
	1144	+	2–1257 of the State Government Article, the General Assembly on the sufficiency of the 15
	1145	+	Subcabinet to accomplish the artificial intelligence goals of the State and the efficacy of the 16
	1146	+	potential transition of the Subcabinet to a department or independent unit of State 17
	1147	+	government. 18
	1148	+
	1149	+	SECTION 4. AND BE IT FURTHER ENACTED, That it is the intent of the General 19
	1150	+	Assembly that the Department of Information Technology: 20
	1151	+
	1152	+	(1) evaluate the potential of artificial intelligence in creating a statewide 21
	1153	+	virtual 3–1–1 portal as a source for Maryland residents to obtain nonemergency 22
	1154	+	government information and services; and 23
	1155	+
	1156	+	(2) if the Department determines that the use of artificial intelligence in 24
	1157	+	creating a virtual 3–1–1 portal is feasible, to prioritize the creation of a virtual 3–1–1 portal 25
	1158	+	through a competitive proof of concept procurement in accordance with § 13–116 of the 26
	1159	+	State Finance and Procurement Article, as enacted by Section 1 of this Act. 27
	1160	+
	1161	+	SECTION 4. AND BE IT FURTHER ENACTED, That it is the intent of the Maryland 28
	1162	+	General Assembly, contingent on the passage of S.B. 955 or H.B. 1174 of the Acts of the 29
	1163	+	General Assembly of 2024 by both Houses of the General Assembly, that the Governor’s 30
	1164	+	Artificial Intelligence Subcabinet consult with the Technology Advisory Commission 31
	1165	+	established under S.B. 955 or H.B. 1174 of the Acts of the General Assembly of 2024 in the 32
	1166	+	performance of its duties under Sections 1 and 2 of this Act. 33
	1167	+
	1168	+	SECTION 4. 5. AND BE IT FURTHER ENACTED, That this Act shall take effect 34
	1169	+	July 1, 2024. 35