WES MOORE, Governor Ch. 496
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Chapter 496
(Senate Bill 818)
AN ACT concerning
Information Technology – Artificial Intelligence – Policies and Procedures
(Artificial Intelligence Governance Act of 2024)
FOR the purpose of requiring each unit of State government to conduct a certain annual
data inventory, a certain annual inventory of systems that employ artificial
intelligence, and a certain impact assessment on or before a certain date; requiring
prohibiting the Department of Information Technology from making certain
information publicly available under certain circumstances to conduct ongoing
monitoring of certain systems under certain circumstances ; requiring the
Department of Information Technology, in consultation with the Governor’s Artificial
Intelligence Subcabinet of the Governor’s Executive Council, to adopt policies and
procedures concerning the development, procurement, implementation deployment,
use, and assessment of systems that employ artificial intelligence by units of State
government; prohibiting a unit of State government from implementing deploying or
using a system that employs artificial intelligence under certain circumstances
beginning on a certain date; requiring a unit of State government to conduct certain
regular impact assessments under certain circumstances; exempting the Office of the
Attorney General, the Comptroller, the Treasurer, and certain public institutions of
higher education from certain provisions; establishing the Governor’s Artificial
Intelligence Subcabinet of the Governor’s Executive Council; establishing
competitive proof of concept procurement as a formal competitive procurement
method for the procurement of certain products and services; exempting certain
competitive proof of concept procurements from oversight by the Board of Public
Works; requiring the Department of General Services, in consultation with the
Department of Information Technology, to develop certain policies and procedures
for the development and implementation of competitive proof of concept
procurements; requiring the Subcabinet to develop a certain roadmap; and generally
relating to the use of artificial intelligence by units of State government.
BY repealing and reenacting, without amendments,
Article – State Finance and Procurement
Section 3.5–101(a), (c), (d), and (f)
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – State Finance and Procurement
Section 3.5–301, 3.5–303(a), and 12–101 Section 3.5–301 and 3.5–303(a)
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
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BY adding to
Article – State Finance and Procurement
Section 3.5–318; 3.5–801 through 3.5–805 3.5–806 to be under the new subtitle
“Subtitle 8. Artificial Intelligence”; and 13–116
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
Preamble
WHEREAS, Artificial intelligence is transforming society and work, and the pace of
that change will present new opportunities and risks for the State’s residents, workers, and
economy; and
WHEREAS, The State must ensure the responsible, ethical, beneficial, and
trustworthy use of artificial intelligence in State government; and
WHEREAS, The State is home to a rich and growing artificial intelligence ecosystem
of academic, industry, government, and civil society experts, researchers, builders,
organizers, and stakeholders; and
WHEREAS, To foster an environment for innovation while respecting individuals,
employees, and civil rights, as artificial intelligence technologies are developed and evolve,
the technologies should be analyzed and monitored by government officials, industry
experts, consumer protection advocates, and other stakeholders; and
WHEREAS, Given the rapid rate of change in artificial intelligence technologies and
industry, the State must chart a principled yet adaptable, pragmatic path forward, so that
the technologies’ benefits can be confidently harnessed on behalf of Marylanders and in
service of the Governor’s mission to Leave No One Behind; and
WHEREAS, Leaders across State government share a common interest in
establishing effective artificial intelligence governance and are committed to working
together to develop the legal and policy framework for its responsible use in the State; and
WHEREAS, Automated systems should be safe and effective, developed with
consultation from diverse communities, stakeholders, and domain experts to identify
concerns, risks, and potential impacts of the systems; and
WHEREAS, Designers, developers, and deployers of automated systems should take
proactive and continuous measures to protect individuals and communities from
algorithmic discrimination and to use and design systems in an equitable way; and
WHEREAS, Designers, developers, and deployers of automated systems should seek
permission and respect decisions regarding collection, use, access, transfer, and deletion of
data in appropriate ways and to the greatest extent possible; where not possible, alternative
privacy by design safeguards should be used; and WES MOORE, Governor Ch. 496
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WHEREAS, Designers, developers, and deployers of automated systems should
provide generally accessible plain language documentation including clear descriptions of
the overall system functioning and the role automation plays, notice that such systems are
in use, the individual or organization responsible for the system, and explanations of
outcomes that are clear, timely, and accessible; and
WHEREAS, Designers, developers, and deployers of automated systems should
consider the specific types of actions for which a human alternative is appropriate,
commensurate with the magnitude of the action and risk of harm, along with the extent to
which a human alternative would be beneficial to individuals and the public interest; now,
therefore,
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – State Finance and Procurement
3.5–101.
(a) In this title the following words have the meanings indicated.
(c) “Department” means the Department of Information Technology.
(d) “Secretary” means the Secretary of Information Technology.
(f) “Unit of State government” means an agency or unit of the Executive Branch
of State government.
3.5–301.
(a) In this subtitle the following words have the meanings indicated.
(B) “ARTIFICIAL INTELLIGEN CE” HAS THE MEANING STAT ED IN § 3.5–801
OF THIS TITLE.
[(b)] (C) “Cybersecurity” means processes or capabilities wherein systems,
communications, and information are protected and defended against damage,
unauthorized use or modification, and exploitation.
[(c)] (D) “Cybersecurity strategy” means a vision, a plan of action, or guiding
principles.
[(d)] (E) (1) “Development” means all expenditures for a new information
technology system or an enhancement to an existing system including system:
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(i) planning;
(ii) creation;
(iii) installation;
(iv) testing; and
(v) initial training.
(2) “Development” does not include:
(i) ongoing operating costs, software or hardware maintenance,
routine upgrades, or modifications that merely allow for a continuation of the existing level
of functionality; or
(ii) expenditures made after a new or enhanced system has been
legally accepted by the user and is being used for the business process for which it was
intended.
[(e)] (F) “Fund” means the Major Information Technology Development Project
Fund.
[(f)] (G) “Information technology” means all electronic information processing,
including:
(1) maintenance;
(2) telecommunications;
(3) hardware;
(4) software; and
(5) associated services.
[(g)] (H) “Information technology services” means information provided by
electronic means by or on behalf of a unit of State government.
[(h)] (I) “Major information technology development project” means any
information technology development project that meets one or more of the following
criteria:
(1) the estimated total cost of development equals or exceeds $1,000,000;
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(2) the project is undertaken to support a critical business function
associated with the public health, education, safety, or financial well–being of the citizens
of Maryland; or
(3) the Secretary determines that the project requires the special attention
and consideration given to a major information technology development project due to:
(i) the significance of the project’s potential benefits or risks;
(ii) the impact of the project on the public or local governments;
(iii) the public visibility of the project; or
(iv) other reasons as determined by the Secretary.
[(i)] (J) “Master plan” means the statewide information technology master plan
and statewide cybersecurity strategy.
[(j)] (K) “Nonvisual access” means the ability, through keyboard control,
synthesized speech, Braille, or other methods not requiring sight to receive, use, and
manipulate information and operate controls necessary to access information technology in
accordance with standards adopted under § 3.5–303(b) of this subtitle.
[(k)] (L) “Resource sharing” means the utilization of a State resource by private
industry in exchange for the provision to the State of a communication service or other
consideration.
[(l)] (M) “Systems development life cycle plan” means a plan that defines all
actions, functions, or activities to be performed by a unit of State government in the
definition, planning, acquisition, development, testing, implementation, operation,
enhancement, and modification of information technology systems.
3.5–303.
(a) The Secretary is responsible for carrying out the following duties:
(1) developing, maintaining, revising, and enforcing information
technology policies, procedures, and standards;
(2) providing technical assistance, advice, and recommendations to the
Governor and any unit of State government concerning information technology matters;
(3) reviewing the annual project plan for each unit of State government to
make information and services available to the public over the Internet;
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(4) developing and maintaining a statewide information technology master
plan that will:
(i) centralize the management and direction of information
technology policy within the Executive Branch of State government under the control of the
Department;
(ii) include all aspects of State information technology including
telecommunications, security, data processing, and information management;
(iii) consider interstate transfers as a result of federal legislation and
regulation;
(iv) ensure that the State information technology plan and related
policies and standards are consistent with State goals, objectives, and resources, and
represent a long–range vision for using information technology to improve the overall
effectiveness of State government;
(v) include standards to assure nonvisual access to the information
and services made available to the public over the Internet; and
(vi) allows a State agency to maintain the agency’s own information
technology unit that provides for information technology services to support the mission of
the agency;
(5) developing and maintaining a statewide cybersecurity strategy that
will:
(i) centralize the management and direction of cybersecurity
strategy within the Executive Branch of State government under the control of the
Department; and
(ii) serve as the basis for budget allocations for cybersecurity
preparedness for the Executive Branch of State government;
(6) adopting by regulation and enforcing nonvisual access standards to be
used in the procurement of information technology services by or on behalf of units of State
government in accordance with subsection (c) of this section;
(7) in consultation with the Maryland Cybersecurity Coordinating Council,
advising and overseeing a consistent cybersecurity strategy for units of State government,
including institutions under the control of the governing boards of the public institutions
of higher education;
(8) advising and consulting with the Legislative and Judicial branches of
State government regarding a cybersecurity strategy; WES MOORE, Governor Ch. 496
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(9) in consultation with the Maryland Cybersecurity Coordinating Council,
developing guidance on consistent cybersecurity strategies for counties, municipal
corporations, school systems, and all other political subdivisions of the State;
(10) upgrading information technology and cybersecurity–related State
government infrastructure; [and]
(11) annually evaluating:
(i) the feasibility of units of State government providing public
services using artificial intelligence, machine learning, commercial cloud computer
services, device–as–a–service procurement models, and other emerging technologies; and
(ii) the development of data analytics capabilities to enable
data–driven policymaking by units of State government; AND
(12) CONDUCTING INVENTORI ES AND ONGOING ASSESSME NTS OF
SYSTEMS THAT EMPLOY ARTIFICIAL INTELLIGE NCE THAT ARE USED BY A UNIT OF
STATE GOVERNMENT AS R EQUIRED UNDER § 3.5–318 OF THIS SUBTITLE § 3.5–803
OF THIS TITLE.
3.5–318.
(A) ON OR BEFORE DECEMBER 1, 2024, AND ANNUALLY THEREAF TER,
EACH UNIT OF STATE GOVERNMENT SHAL L CONDUCT A DATA INV ENTORY THAT
IDENTIFIES DATA THAT MEETS THE CRITERIA E STABLISHED BY THE CHIEF DATA
OFFICER AND THAT IS :
(1) (I) NECESSARY FOR THE OP ERATION OF THE UNIT ; OR
(II) OTHERWISE REQUIRED T O BE COLLECTED :
1. AS A CONDITION TO RE CEIVE FEDERAL FUNDS ; OR
2. BY FEDERAL OR STATE LAW; AND
(2) IN A FORM PRESCRIBED BY THE CHIEF DATA OFFICER,
INCLUDING WHEN THE D ATA IS USED IN ARTIFICIA L INTELLIGENCE .
(B) THE DEPARTMENT SHALL DEVE LOP AND PUBLISH GUID ANCE ON THE
POLICIES AND PROCEDU RES FOR THE INVENTOR Y.
SUBTITLE 8. ARTIFICIAL INTELLIGENCE .
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3.5–801.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) (1) “ALGORITHMIC DECISION SYSTEM” MEANS A COMPUTATIONA L
PROCESS THAT FACILIT ATES DECISION MAKING .
(2) “ALGORITHMIC DECISION SYSTEM” INCLUDES DECISIONS
DERIVED FROM MACHINE S, STATISTICS, FACIAL RECOGNITION , AND DECISIONS ON
PAPER.
(C) “ARTIFICIAL INTELLIGEN CE” MEANS A MACHINE –BASED SYSTEM THAT :
(1) CAN, FOR A GIVEN SET OF H UMAN–DEFINED OBJECTIVES , MAKE
PREDICTIONS, RECOMMENDATIONS , OR DECISIONS INFLUEN CING REAL OR VIRTUAL
ENVIRONMENTS ;
(2) USES MACHINE AND HUM AN–BASED INPUTS TO PERCEIVE REAL
AND VIRTUAL ENVIRONM ENTS AND ABSTRACTS T HOSE PERCEPTIONS INT O MODELS
THROUGH ANALYSIS IN AN AUTOMATED MANNER ; AND
(3) USES MODEL INFERENCE TO FORMULATE OPTIONS FOR
INFORMATION OR ACTIO N.
(D) “HIGH–RISK” MEANS AN ACT THAT IS LIKELY TO:
(1) RESULT IN ANY UNLAWF UL DISCRIMINATION ;
(2) HAVE AN UNLAWFUL DIS PARATE IMPACT ON ANY INDIVIDUAL OR
GROUP OF INDIVIDUALS ON THE BASIS OF ANY ACTUAL OR PERCEIVED
CHARACTERISTIC ; OR
(3) HAVE A NEGATIVE IMPA CT ON THE HEALTH , SAFETY, OR
WELL–BEING OF AN INDIVIDUAL.
(E) (D) “IMPACT ASSESSMENT ” MEANS A DOCUMENTED R ISK–BASED
EVALUATION OF A SYST EM THAT EMPLOYS RIGHTS–IMPACTING OR
SAFETY–IMPACTING ARTIFICIAL INTELLIGE NCE.
(D) (1) “HIGH–RISK ARTIFICIAL INTE LLIGENCE” MEANS ARTIFICIAL
INTELLIGENCE THAT IS A RISK TO INDIVIDUAL S OR COMMUNITIES , AS DEFINED WES MOORE, Governor Ch. 496
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UNDER REGULATIONS AD OPTED BY THE DEPARTMENT IN CONSULT ATION WITH THE
GOVERNOR’S ARTIFICIAL INTELLIGENCE SUBCABINET.
(2) “HIGH–RISK ARTIFICIAL INTE LLIGENCE” INCLUDES
RIGHTS–IMPACTING ARTIFICIAL INTELLIGENCE AND SAF ETY–IMPACTING
ARTIFICIAL INTELLIGE NCE.
(E) “IMPACT ASSESSMENT ” MEANS AN ASSESSMENT OF ARTIFICIAL
INTELLIGENCE SYSTEMS MADE UNDER REGULATIO NS ADOPTED BY THE
DEPARTMENT IN CONSULT ATION WITH THE GOVERNOR’S ARTIFICIAL
INTELLIGENCE SUBCABINET AND REQUIR ED UNDER § 3.5–803 OF THIS SUBTITLE.
(E) (F) “PUBLIC SENIOR HIGHER EDUCATION INSTITUTIO N” MEANS:
(1) THE CONSTITUENT INST ITUTIONS OF THE UNIVERSITY SYSTEM
OF MARYLAND AND THE UNIVERSITY OF MARYLAND CENTER FOR
ENVIRONMENTAL SCIENCE;
(2) MORGAN STATE UNIVERSITY; OR
(3) ST. MARY’S COLLEGE OF MARYLAND.
(F) (G) “RIGHTS–IMPACTING ARTIFICIAL INTELLIGENCE ” MEANS
ARTIFICIAL INTELLIGE NCE WHOSE OUTPUT SER VES AS A BASIS FOR D ECISION OR
ACTION THAT HAS A LEGAL, MATERIAL, OR SIMILARLY SIGNIFI CANT EFFECT ON AN
INDIVIDUAL’S OR COMMUNITY ’S:
(1) CIVIL RIGHTS , CIVIL LIBERTIES , OR PRIVACY , INCLUDING
FREEDOM OF SPEECH , VOTING, HUMAN AUTONOMY , AND PROTECTIONS FROM
DISCRIMINATION , EXCESSIVE PUNISHMENT , AND UNLAWFUL SURV EILLANCE;
(2) EQUAL OPPORTUNITIES , INCLUDING EQUITABLE ACCESS TO
EDUCATION, HOUSING, CREDIT, EMPLOYMENT , AND OTHER SITUATIONS WHERE
CIVIL RIGHTS AND EQU AL OPPORTUNITY PROTE CTIONS APPLY; OR
(3) ACCESS TO CRITICAL R ESOURCES OR SERVICES , INCLUDING
HEALTH CARE, FINANCIAL SERVICES , SOCIAL SERVICES , TRANSPORTATION ,
NONDECEPTIVE INFORMA TION ABOUT GOODS AND SERVICES, AND GOVERNMENT
BENEFITS OR PRIVILEG ES. IS SIGNIFICANTLY LIK ELY TO AFFECT CIVIL RIGHTS,
CIVIL LIBERTIES, EQUAL OPPORTUNITIES , ACCESS TO CRITICAL RESOURCES, OR
PRIVACY.
(G) (H) “SAFETY–IMPACTING ARTIFICIAL INTELLIGENCE ” MEANS
ARTIFICIAL INTELLIGE NCE THAT HAS THE POT ENTIAL TO MEANINGFULLY Ch. 496 2024 LAWS OF MARYLAND
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SIGNIFICANTLY IMPACT THE SAFETY OF INDIVIDUALS AND C OMMUNITIES
REGARDING:
(1) HUMAN LIFE OR WELL –BEING, INCLUDING LOSS OF LI FE, SERIOUS
INJURY, BODILY HARM , BIOLOGICAL OR CHEMIC AL WEAPONS , OCCUPATIONAL
HAZARDS, HARASSMENT OR ABUSE , OR MENTAL HEALTH ;
(2) THE CLIMATE OR THE E NVIRONMENT , INCLUDING IRREVERSIB LE
OR SIGNIFICANT ENVIR ONMENTAL DAMAGE ;
(3) CRITICAL INFRASTRUCT URE, INCLUDING THE INFRAS TRUCTURE
FOR VOTING AND PROTE CTING THE INTEGRITY OF ELECTIONS; OR
(4) STRATEGIC ASSETS OR RESOURCES, INCLUDING INTELLECTU AL
PROPERTY. OF HUMAN LIFE, WELL–BEING, OR CRITICAL INFRASTR UCTURE.
3.5–802.
(A) THIS SUBTITLE APPLIES T O EACH PUBLIC SENIOR HIGHER EDUCATION
INSTITUTION AND BALTIMORE CITY COMMUNITY COLLEGE IN A PARTNERS HIP FOR
THE DEVELOPMENT , PROCUREMENT , DEPLOYMENT , OR USE OF ARTIFICIAL
INTELLIGENCE WITH A UNIT OF STATE GOVERNMENT .
(B) EXCEPT AS PROVIDED IN § 3.5–804(D) OF THIS SUBTITLE , THIS
SUBTITLE DOES NOT AP PLY TO ARTIFICIAL IN TELLIGENCE DEPLOYED BY PUBLIC
SENIOR HIGHER EDUCAT ION INSTITUTIONS OR BALTIMORE CITY COMMUNITY
COLLEGE USED SOLELY F OR A RESEARCH OR ACA DEMIC PURPOSE , INCLUDING IN A
PARTNERSHIP FOR THE DEVELOPMENT , PROCUREMENT , DEPLOYMENT , OR USE OF
ARTIFICIAL INTELLIGE NCE WITH A UNIT OF STATE GOVERNMENT .
(C) A PUBLIC SENIOR HIGHER EDUCATION INSTITUTIO N OR BALTIMORE
CITY COMMUNITY COLLEGE SHALL ESTABLI SH POLICIES AND PROC EDURES THAT
ARE FUNCTIONALLY COM PATIBLE WITH THE POL ICIES AND PROCEDURES ADOPTED
UNDER § 3.5–804(A) OF THIS SUBTITLE FOR ARTIFICIAL INTELLIGE NCE DEPLOYED
FOR AN OPERATIONS –RELATED PURPOSE .
(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
THIS SUBTITLE DOES NOT APPLY TO:
(I) THE OFFICE OF THE ATTORNEY GENERAL;
(II) THE COMPTROLLER ; OR
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(III) THE STATE TREASURER.
(2) ON OR BEFORE JUNE 1, 2025, EACH ENTITY LISTED U NDER
PARAGRAPH (1) OF THIS SUBSECTION S HALL ESTABLISH POLIC IES AND
PROCEDURES THAT ARE FUNCTIONALLY COMPATI BLE WITH THE POLICIE S AND
PROCEDURES ADOPTED U NDER § 3.5–804(A) OF THIS SUBTITLE FOR THE
DEVELOPMENT , PROCUREMENT , DEPLOYMENT , USE, AND ONGOING ASSESSME NT OF
SYSTEMS THAT EMPLOY HIGH–RISK ARTIFICIAL INTE LLIGENCE.
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION ,
THIS SUBTITLE APPLIE S TO EACH PUBLIC SEN IOR HIGHER EDUCATION INSTITUTION
AND BALTIMORE CITY COMMUNITY COLLEGE.
(2) THIS SUBTITLE DOES NO T APPLY TO ARTIFICIA L INTELLIGENCE
DEPLOYED BY A PUBLIC SENIOR HIGHER EDUCAT ION INSTITUTION OR BALTIMORE
CITY COMMUNITY COLLEGE THAT IS USED SOLELY FOR A RESEARC H OR ACADEMIC
PURPOSE, INCLUDING IN PARTNERSHIP WITH A UNIT OF STATE GOVERNMENT FOR
THE DEVELOPMENT , PROCUREMENT , DEPLOYMENT , OR USE OF ARTIFICIAL
INTELLIGENCE .
(3) ON OR BEFORE JUNE 1, 2025, EACH PUBLIC SENIOR H IGHER
EDUCATION INSTITUTIO N AND BALTIMORE CITY COMMUNITY COLLEGE SHALL
ESTABLISH POLICIES AND PROCEDURES THAT ARE FUNCTIONALLY COMPATI BLE
WITH THE POLICIES AN D PROCEDURES ADOPTED UNDER § 3.5–804(A) OF THIS
SUBTITLE FOR THE DEV ELOPMENT, PROCUREMENT , DEPLOYMENT , USE, AND
ONGOING ASSESSMENT O F SYSTEMS THAT EMPLO Y HIGH–RISK ARTIFICI AL
INTELLIGENCE USED SO LELY FOR A RESEARCH OR ACADEMIC PURPOSE .
(4) ON OR BEFORE SEPTEMBER 1, 2025, AND EACH YEAR
THEREAFTER , EACH PUBLIC SENIOR H IGHER EDUCATION INST ITUTION AND
BALTIMORE CITY COMMUNITY COLLEGE SHALL SUBMIT TO THE DEPARTMENT A
REPORT ON ALL HIGH–RISK ARTIFICIAL INTE LLIGENCE PROCURED AN D DEPLOYED
FOR A RESEARCH OR AC ADEMIC PURPOSE .
3.5–803.
(A) ON OR BEFORE DECEMBER 1, 2024 2025, AND ANNUALLY REGULARLY
THEREAFTER , EACH UNIT OF STATE GOVERNMENT SHAL L:
(1) CONDUCT AN INVENTORY OF SYSTEMS THAT EMPL OY
RIGHTS–IMPACTING OR SAFETY –IMPACTING HIGH–RISK ARTIFICIAL INTELLIGE NCE;
AND
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(2) PROVIDE THE INVENTOR Y TO THE DEPARTMENT IN A FORMA T
REQUIRED BY THE DEPARTMENT .
(B) FOR EACH SYSTEM , THE INVENTORY REQUIR ED BY THIS SECTION SHAL L
INCLUDE:
(1) THE NAME OF THE SYST EM;
(2) THE VENDOR THAT PROV IDED THE SYSTEM , IF APPLICABLE;
(3) A DESCRIPTION OF THE CAPABILITIES OF THE SYSTEM;
(4) A STATEMENT OF THE P URPOSE AND THE INTEN DED USES OF THE
SYSTEM;
(5) WHETHER THE SYSTEM U NDERWENT AN IMPACT A SSESSMENT
PRIOR TO BEING IMPLEMENTED DEPLOYED;
(6) WHETHER THE SYSTEM I S USED TO INDEPENDEN TLY MAKE A
DECISION OR JUDGMENT OR TO INFORM OR SUPP ORT A DECISION OR JU DGMENT
DETERMINED BY THE DEPARTMENT TO INVOLVE A HIGH–RISK ACTION
RIGHTS–IMPACTING OR SAFETY –IMPACTING HIGH–RISK ARTIFICIAL INTELLIGE NCE;
AND
(7) A DETERMINATION OF THE RISK THAT USE OF A S YSTEM MAY BE
HIGH–RISK SUMMARY OF THE RESUL TS OF THE MOST RECEN T IMPACT ASSESSMENT .
(C) THE DEPARTMENT SHALL MAKE EACH INVENTORY REQUI RED BY THIS
SECTION AN AGGREGATED STATEW IDE INVENTORY PUBLICLY AVAILABLE O N ITS
WEBSITE.
(D) (1) THE DEPARTMENT MAY NOT MA KE PUBLICLY AVAILABL E ON THE
DEPARTMENT ’S WEBSITE INFORMATIO N FROM THE INVENTORI ES REQUIRED BY
THIS SECTION THAT RE LATE TO THE SAFETY A ND SECURITY OF STATE SYSTEMS IF
THE PUBLICATION OF T HE INFORMATION IS LI KELY TO COMPROMISE T HE SECURITY
OR INTEGRITY OF THE SYSTEM.
(2) ON REQUEST , THE DEPARTMENT SHALL PROV IDE TO THE
GOVERNOR, MEMBERS O F THE GENERAL ASSEMBLY, AND LAW ENFORCEMENT THE
INFORMATION DESCRIBE D IN PARAGRAPH (1) OF THIS SUBSECTION .
(E) (1) ON OR BEFORE FEBRUARY 1, 2025, DECEMBER 31, 2025 2026,
EACH UNIT OF STATE GOVERNMENT SHAL L CONDUCT AN IMPACT ASSESSMENT OF A WES MOORE, Governor Ch. 496
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SYSTEM PROCURED ON OR AFTER FEBRUARY 1, 2025 2026, THAT INVOLVES A
HIGH–RISK ACTION RIGHTS–IMPACTING OR SAFETY –IMPACTING HIGH–RISK
ARTIFICIAL INTELLIGE NCE.
(2) ON OR BEFORE FEBRUARY JULY 1, 2027, EACH UNIT OF STATE
GOVERNMENT SHALL CON DUCT AN IMPACT ASSES SMENT OF A SYSTEM PR OCURED
BEFORE FEBRUARY 1, 2025 2026, THAT INVOLVES RIGHTS–IMPACTING OR
SAFETY–IMPACTING HIGH–RISK ARTIFICIAL INTELLIGE NCE.
3.5–803. 3.5–804.
(A) ON OR BEFORE DECEMBER 1, 2024, THE DEPARTMENT , IN
CONSULTATION WITH TH E GOVERNOR’S ARTIFICIAL INTELLIGENCE SUBCABINET,
SHALL ADOPT POLICIES AND PROCEDURES CONCE RNING THE DEVELOPMEN T,
PROCUREMENT , IMPLEMENTATION DEPLOYMENT , USE, AND ONGOING ASSESSME NT
OF SYSTEMS THAT EMPL OY RIGHTS–IMPACTING OR SAFETY –IMPACTING HIGH–RISK
ARTIFICIAL INTELLIGE NCE BY A UNIT OF STATE GOVERNMENT .
(B) THE POLICIES AND PROC EDURES REQUIRED BY SUBSECTION (A) OF
THIS SECTION SHALL :
(1) SUBJECT TO ANY OTHER APPLICABLE LAW , GOVERN THE
PROCUREMENT , IMPLEMENTATION DEPLOYMENT , AND ONGOING ASSESSME NT OF
SYSTEMS THAT EMPLOY RIGHTS–IMPACTING OR SAFETY –IMPACTING HIGH–RISK
ARTIFICIAL INTELLIGE NCE BY A UNIT OF STATE GOVERNMENT ;
(2) BE SUFFICIENT TO ENSURE THAT THE U SE OF ANY SYSTEM THA T
EMPLOYS ARTIFICIAL I NTELLIGENCE BY ANY U NIT OF STATE GOVERNMENT IS N OT
HIGH–RISK;
(3) REQUIRE EACH UNIT OF STATE GOVERNMENT TO A SSESS THE
LIKELY IMPACT OF ANY SYSTEM THAT EMPLOYS ARTIFICIAL INTELLIGE NCE BEFORE
IMPLEMENTING THE SYS TEM;
(2) DEFINE THE CRITERIA FOR AN INVENTORY OF SYSTEMS THAT
EMPLOY RIGHTS–IMPACTING OR SAFETY –IMPACTING HIGH–RISK ARTIFICIAL
INTELLIGENCE ;
(3) GOVERN THE PROCUREME NT, DEPLOYMENT , USE, AND ONGOING
ASSESSMENT OF SYSTEM S THAT EMPLOY RIGHTS –IMPACTING OR
SAFETY–IMPACTING ARTIFICIAL INTELLIGENCE FOR AN OPERATIONS–RELATED
PURPOSE BY A UNIT OF STATE GOVERNMENT IN P ARTNERSHIP WITH A PU BLIC
SENIOR HIGHER EDUCATION INSTITUTIO N OR WITH BALTIMORE CITY COMMUNITY
COLLEGE; Ch. 496 2024 LAWS OF MARYLAND
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(3) BE SUFFICIENT TO ENS URE THAT THE USE OF ANY SYSTEM THAT
EMPLOYS ARTIFICIAL I NTELLIGENCE BY A UNI T OF STATE GOVERNMENT IS
GOVERNED BY ADEQUATE GUARDRAILS TO PROTEC T INDIVIDUALS AND
COMMUNITIES ;
(4) IF THE DEPARTMENT IS NOTIFIE D THAT AN INDIVIDUAL OR GROUP
OF INDIVIDUALS MAY H AVE BEEN NEGATIVELY IMPACTED BY A SYSTEM THAT
EMPLOYS HIGH –RISK ARTIFICIAL INTE LLIGENCE, REQUIRE THE DEPARTMENT TO :
(I) NOTIFY AN INDIVIDUAL OR A GROUP O F INDIVIDUALS
DETERMINED TO HAVE B EEN NEGATIVELY IMPAC TED BY A SYSTEM THAT EMP LOYS
RIGHTS–IMPACTING OR SAFETY –IMPACTING HIGH–RISK ARTIFICIAL
INTELLIGENCE ; AND
(II) PROVIDE GUIDANCE TO AN INDIVIDUAL OR A G ROUP OF
INDIVIDUALS DETERMIN ED TO HAVE BEEN NEGA TIVELY IMPACTED BY A SYSTEM
THAT EMPLOYS RIGHTS–IMPACTING OR SAFETY –IMPACTING HIGH–RISK ARTIFICIAL
INTELLIGENCE ON AVAILABLE OPTIONS TO OPT OUT OF THE SY STEM; AND
(5) PROVIDE GUIDANCE TO UNITS OF STATE GOVERNMENT ON
PROCUREMENT OF A SYS TEM THAT EMPLOYS RIGHTS–IMPACTING OR
SAFETY–IMPACTING HIGH–RISK ARTIFICIAL INTELLIGE NCE THAT ENSURES DAT A
PRIVACY AND COMPLIAN CE WITH APPLICABLE S TATUTES AND REGULATI ONS.
(C) THE DEPARTMENT SHALL MAKE THE POLICIES AND PRO CEDURES
REQUIRED BY SUBSECTION (A) OF THIS SECTION PUBLICL Y AVAILABLE ON ITS
WEBSITE WITHIN 45 DAYS AFTER THE POLIC IES AND PROCEDURES A RE ADOPTED.
(D) EACH PUBLIC SENIOR HI GHER EDUCATION INSTI TUTION AND
BALTIMORE CITY COMMUNITY COLLEGE SHALL SUBMIT TO THE DEPARTMENT AN
ANNUAL REPORT ON ART IFICIAL INTELLIGENCE PROCURED AND DEPLOYE D.
3.5–804. 3.5–805.
(A) BEGINNING JULY JANUARY JULY 1, 2025, A UNIT OF STATE
GOVERNMENT MAY NOT P ROCURE OR IMPLEMENT A DEPLOY A NEW SYSTEM THAT
EMPLOYS ARTIFICIAL I NTELLIGENCE UNLESS T HE SYSTEM COMPLIES W ITH THE
POLICIES AND PROCEDU RES ADOPTED UNDER § 3.5–803 3.5–804 OF THIS SUBTITLE.
(B) A UNIT OF STATE GOVERNMENT THAT EMPLOYS RIGHTS–IMPACTING OR
SAFETY–IMPACTING HIGH–RISK ARTIFICIAL INTELLIGE NCE SHALL CONDUCT WES MOORE, Governor Ch. 496
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REGULAR IMPACT ASSES SMENTS, AS DETERMINED BY THE GOVERNOR’S ARTIFICIAL
INTELLIGENCE SUBCABINET OF THE GOVERNOR’S EXECUTIVE COUNCIL.
3.5–805. 3.5–806.
(A) THERE IS A GOVERNOR’S ARTIFICIAL INTELLIGENCE SUBCABINET OF
THE GOVERNOR’S EXECUTIVE COUNCIL.
(B) THE PURPOSE OF THE SUBCABINET IS TO FACI LITATE AND ENHANCE
COOPERATION AMONG UN ITS OF STATE GOVERNMENT , IN CONSULTATION WITH
ACADEMIC INSTITUTION S AND INDUSTRIES UTI LIZING ARTIFICIAL IN TELLIGENCE.
(C) THE SUBCABINET CONSISTS O F THE FOLLOWING MEMB ERS:
(1) THE SECRETARY, OR THE SECRETARY’S DESIGNEE;
(2) THE SECRETARY OF BUDGET AND MANAGEMENT , OR THE
SECRETARY’S DESIGNEE;
(3) THE SECRETARY OF GENERAL SERVICES, OR THE SECRETARY’S
DESIGNEE;
(4) THE SECRETARY OF LABOR, OR THE SECRETARY’S DESIGNEE;
(5) THE SECRETARY OF COMMERCE, OR THE SECRETARY’S
DESIGNEE;
(6) THE DIRECTOR OF THE GOVERNOR’S OFFICE OF HOMELAND
SECURITY, OR THE DIRECTOR’S DESIGNEE;
(7) THE CHIEF PRIVACY OFFICER, OR THE CHIEF PRIVACY
OFFICER’S DESIGNEE;
(8) THE CHIEF DATA OFFICER, OR THE CHIEF DATA OFFICER’S
DESIGNEE;
(9) THE CHIEF INFORMATION SECURITY OFFICER, OR THE CHIEF
INFORMATION SECURITY OFFICER’S DESIGNEE;
(10) THE GOVERNOR’S SENIOR ADVISOR FOR RESPONSIBLE
ARTIFICIAL INTELLIGENCE , OR THE SENIOR ADVISOR’S DESIGNEE; AND
(11) ANY OTHER MEMBER OF THE GOVERNOR’S EXECUTIVE COUNCIL,
APPOINTED BY THE GOVERNOR. Ch. 496 2024 LAWS OF MARYLAND
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(D) THE SECRETARY SHALL CHAIR THE SUBCABINET.
(E) THE SUBCABINET SHALL :
(1) DEVELOP STRATEGY , POLICY, AND MONITORING PROCE SSES FOR
RESPONSIBLE AND PROD UCTIVE USE OF ARTIFI CIAL INTELLIGENCE AN D
ASSOCIATED DATA BY U NITS OF STATE GOVERNMENT ;
(2) OVERSEE THE STATE’S IMPLEMENTATION OF :
(I) ARTIFICIAL INTELLIGE NCE INVENTORY ;
(II) DATA INVENTO RY;
(III) ARTIFICIAL INTELLIGE NCE IMPACT ASSESSMEN TS;
(IV) (III) MONITORING OF ARTIFI CIAL INTELLIGENCE
INVOLVING A HIGH –RISK ACTION RIGHTS–IMPACTING OR SAFETY –IMPACTING
ARTIFICIAL INTELLIGE NCE; AND
(III) MONITORING OF HIGH –RISK ARTIFICIAL INTELLIGENCE ;
AND
(V) (IV) COMPLIANCE WITH STATE POLICIES AND
PROCEDURES ;
(3) SUPPORT ARTIFICIAL I NTELLIGENCE AND DATA INNOVATION
ACROSS UNITS OF STATE GOVERNMENT AND IN PRIVATE SECTO R ENTERPRISE BY:;
(I) IDENTIFYING AND PRIO RITIZING BEST USES OF ARTIFICIAL
INTELLIGENCE IN EACH UNIT OF STATE GOVERNMENT AND IN PRIVATE SECTOR
ENTERPRISE;
(II) TESTING PROOFS OF CO NCEPT OF PRIORITY AR TIFICIAL
INTELLIGENCE USE IN PROTOTYPING ;
(III) REDUCING BARRIERS TO THE RESPONSIBLE USE OF
ARTIFICIAL INTEL LIGENCE AND STATE DATA;
(IV) DEVELOPING SUCCESSFU L ARTIFICIAL INTELLI GENCE
PILOTS INTO PRODUCTI ON; AND
(V) TRAINING AND WORKFOR CE DEVELOPMENT ; WES MOORE, Governor Ch. 496
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(4) DEVELOP AND IMPLEMEN T A COMPREHENSIVE AC TION PLAN FOR
RESPONSIBLE AND PROD UCTIVE USE OF ARTIFI CIAL INTELLIGENCE AND
ASSOCIATED DATA BY U NITS OF STATE GOVERNMENT ;
(5) ESTABLISH PARTNERSHI PS, MEMORANDA OF UNDERST ANDING,
AND CONTRACTS TO SUP PORT THE AIMS OF THI S SECTION;
(6) PROMOTE ARTIFICIAL I NTELLIGENCE KNOWLEDG E, SKILLS, AND
TALENT IN STATE GOVERNMENT BY:
(I) IDENTIFYING AND OFFE RING TRAINING PROGRA MS FOR
STATE WORKERS ON THE USE OF ARTIFICIAL IN TELLIGENCE AND PARTI CULARLY
GENERATIVE ARTIFICIA L INTELLIGENCE ; AND
(II) EXPLORING WAYS TO PR OVIDE EXTERNAL ARTIF ICIAL
INTELLIGENCE TALENT AN OPPORTUNITY TO SERVE TH E STATE AND UNITS OF
STATE GOVERNMENT IN T ARGETED, SHORT–TERM PROJECTS , INCLUDING BY
LEVERAGING INSTITUTI ONS OF HIGHER EDUCAT ION OR INDUSTRY ; AND
(7) IDENTIFY ARTIFICIAL INTELLIGENCE USE CAS ES AND BUILD
FOUNDATIONAL INFRAST RUCTURE BY REQUIRING:
(I) THE DEPARTMENT TO EVALUAT E RELEVANT
INFRASTRUCTURE TO SA FELY, SECURELY, AND EFFICIENTLY TEST ARTIFICIAL
INTELLIGENCE PROOFS OF CONCEPT AND PILOT S;
(II) THE DEPARTMENT OF GENERAL SERVICES, IN
CONSULTATION WITH TH E DEPARTMENT , TO CREATE A MODEL FOR RUNNI NG AND
PROCURING ARTIFICIAL INTELLIGENCE PROOFS OF CONCEPT AND PILOT S, IN
ACCORDANCE WITH STATE LAWS, REGULATIONS , AND POLICIES; AND
(III) THE DEPARTMENT , IN CONSULTATION WITH THE
SUBCABINET, TO COORDINATE WITH A GENCIES TO PROVIDE S UPPORT IN
IDENTIFYING AND PRIO RITIZING USE CASES A ND EXECUTING PROOFS OF CONCEPT
AND PILOTS ALIGNED W ITH THE GOVERNOR’S PRIORITIES.
(F) THE GOVERNOR SHALL PROVID E THE SUBCABINET WITH SUFFI CIENT
RESOURCES TO PERFORM THE FUNCTIONS OF THI S SECTION.
(G) FOR EACH FISCAL YEAR , THE GOVERNOR MAY INCLUDE IN THE ANNUAL
BUDGET BILL AN APPRO PRIATION OF UP TO $3,000,000 FOR PARTNERSHIPS AND
CONTRACTS TO SUPPORT THE FUNCTIONS REQUIR ED IN THIS SECTION.
Ch. 496 2024 LAWS OF MARYLAND
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12–101.
(a) This section does not apply to:
(1) capital expenditures by the Department of Transportation or the
Maryland Transportation Authority, in connection with State roads, bridges, or highways,
as provided in § 12–202 of this title; [or]
(2) procurements by the Department of General Services AND THE
DEPARTMENT OF INFORMATION TECHNOLOGY for the purpose of modernizing
INFORMATION TECHNOLO GY AND cybersecurity infrastructure for the State valued
below $1,000,000; OR
(3) COMPETITIVE PROOF OF CONCEPT PROCUREMENTS VALUED
BELOW $1,000,000 MADE UNDER § 13–116 OF THIS ARTICLE .
(b) (1) The Board may control procurement by units.
(2) To implement the provisions of this Division II, the Board may:
(i) set policy;
(ii) adopt regulations, in accordance with Title 10, Subtitle 1 of the
State Government Article; and
(iii) establish internal operational procedures consistent with this
Division II.
(3) The Board shall ensure that the regulations of the primary
procurement units provide for procedures that are consistent with this Division II and Title
13, Subtitle 4 of the State Personnel and Pensions Article and, to the extent the
circumstances of a particular type of procurement or a particular unit do not require
otherwise, are substantially the same.
(4) The Board may delegate any of its authority that it determines to be
appropriate for delegation and may require prior Board approval for specified procurement
actions.
(5) Except as limited by the Maryland Constitution, the Board may
exercise any control authority conferred on a primary procurement unit by this Division II
and, to the extent that its action conflicts with the action of the primary procurement unit,
the action of the Board shall prevail.
WES MOORE, Governor Ch. 496
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(c) On or before December 1 each year, the Department of General Services shall
submit a report to the Board on procurements made under subsection (a)(2) of this section
that shall include for each procurement:
(1) the purpose of the procurement;
(2) the name of the contractor;
(3) the contract amount;
(4) the method of procurement utilized;
(5) the number of bidders who bid on the procurement; and
(6) the contract term.
(D) ON OR BEFORE DECEMBER 1 EACH YEAR, THE DEPARTMENT OF
GENERAL SERVICES SHALL SUBMIT A REPORT TO THE BOARD ON PROCUREMENTS
MADE UNDER SUBSECTIO N (A)(3) OF THIS SECTION THAT SH ALL INCLUDE FOR EACH
PROCUREMENT :
(1) THE PURPOSE OF THE P ROCUREMENT ;
(2) THE NAME OF THE CONT RACTOR;
(3) THE CONTRACT AMOUNT ;
(4) THE NUMBER OF PROPOS ALS RECEIVED ON THE PROCUREMENT ;
AND
(5) THE CONTRACT TERM .
13–116.
(A) IN THIS SECTION, “PROOF OF CONCEPT ” MEANS A TEST, EVALUATION,
DEMONSTRATION , OR PILOT PROJECT OF A GOOD OR SERVICE GOOD, SERVICE, OR
TECHNOLOGY IN A REAL–WORLD ENVIRONMENT TO EVALUATE WHETHER THE GOOD
OR SERVICE GOOD, SERVICE, OR TECHNOLOGY CAN BE SUCCESSFULLY DEPLOYED
AND IS BENEFICIAL TO THE STATE.
(B) (1) A COMPETITIVE PROOF OF CONCEPT PROCUREMENT IS A FORMAL
COMPETITIVE PROCUREM ENT METHOD THAT MAY BE USED TO SOLICIT P ROPOSALS
FOR THE CONDUCT OF A PROOF OF CONCEPT PRI OR TO FULL IMPLEMENT ATION
WHEN THE HEAD OF A U NIT DETERMINES THE P ROCESS TO BE APPROPR IATE AND IN
THE BEST INTERESTS O F THE UNIT, INCLUDING: Ch. 496 2024 LAWS OF MARYLAND
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(I) TESTING SOFTWARE –AS–A–SERVICE OR OFF –THE–SHELF
SOFTWARE;
(II) TESTING NEW, INNOVATIVE PRODUCTS OR SERVICES; OR
(III) TESTING A PRODUCT OR SERVICE CONCEPTUALIZ ED OR
CONCEIVED OF BY A UN IT OF STATE GOVERNMENT .
(2) (I) AFTER OBTAINING THE A PPROVAL OF THE HEAD OF THE
UNIT AND BEFORE COND UCTING A COMPETITIVE PROOF OF CONCEPT
PROCUREMENT , THE UNIT SHALL OBTAI N APPROVAL FROM THE SECRETARY OF
INFORMATION TECHNOLOGY , OR THE SECRETARY’S DESIGNEE.
(II) THE SECRETARY OF INFORMATION TECHNOLOGY MAY
GRANT APPROVAL FOR A COMPETITIVE PROOF OF CONCEPT PROCUREMENT IF THE
UNIT:
1. HAS SUFFICIENT INTER NAL RESOURCES TO MAN AGE
THE PROOF OF CONCEPT , INCLUDING HUMAN CAPI TAL, SUBJECT MATTER
EXPERTISE, AND TECHNOLOGICAL IN FRASTRUCTURE , OR HAS THE MEANS TO
OBTAIN THESE RESOURC ES; AND
2. ENTERS INTO A MEMORA NDUM OF UNDERSTANDIN G
WITH THE DEPARTMENT OF INFORMATION TECHNOLOGY THAT REQUI RES REGULAR
STATUS UPDATES , VENDOR CAPACITY , AND ANY OTHER INFORM ATION NECESSARY
FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY TO EVALUAT E WHETHER
THE PROOF OF CONCEPT CAN BE SUCCESSFULLY DEPLOYED AND IS BENE FICIAL TO
THE STATE.
(C) (1) A COMPETITIVE PROOF OF CONCEPT PROCUREMENT MAY BE
CONDUCTED THROUGH TH E ISSUANCE OF A SOLICITATION BY ANY METHOD OF
PROCUREMENT AUTHORIZ ED UNDER THIS DIVISION II.
(2) A COMPETITIVE PROOF OF CONCEPT PROCUREMENT
SOLICITATION SHALL I NCLUDE A STATEMENT O F:
(I) THE SCOPE OF WORK OR PROJECT DESCRIPTION ,
INCLUDING THE INTEND ED USE, QUANTITY, ESTIMATED TIME FRAME FOR THE
PROOF OF CONCEPT , AND ANTICIPATED NUMB ER OF PROOF OF CONCE PT AWARDS
THAT WILL BE MADE ; AND
WES MOORE, Governor Ch. 496
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(II) THE FACTORS , INCLUDING PRICE , THAT WILL BE USED IN
EVALUATING PROPOSALS AND THE RELATIVE IMP ORTANCE OF EACH .
(3) A SOLICITATION MAY BE DISTR IBUTED TO VENDORS KN OWN TO
OFFER GOODS OR SERVI CES WITHIN THE SCOPE OF THE PROOF OF CONC EPT AND
SHALL, EXCEPT FOR PROCUREME NTS UNDER $15,000 NOT OTHERWISE REQUIR ED
BY LAW TO BE POSTED , BE POSTED ON EMARYLAND MARKETPLACE ADVANTAGE, IN
ACCORDANCE WITH THE PO LICIES AND PROCEDURE S UNDER SUBSECTION (G) OF
THIS SECTION.
(D) AFTER RECEIPT OF PROP OSALS BUT BEFORE AWA RD OF A
PROCUREMENT CONTRACT , A UNIT MAY:
(1) CONDUCT DISCUSSIONS WITH AN OFFEROR TO E NSURE FULL
UNDERSTANDING OF :
(I) THE REQUIREMENTS OF THE UNIT, AS SET FORTH IN THE
REQUEST FOR PROPOSAL S; AND
(II) THE PROPOSAL SUBMITT ED BY THE OFFEROR ; AND
(2) REQUEST PRODUCT SAMP LES FOR TESTING BY T HE UNIT OR A
DEMONSTRATION OF A P RODUCT OR SERVICE AN D USE THESE SAMPLES OR
DEMONSTRATIONS IN ITS EV ALUATION PROCESS .
(E) A REQUEST FOR PRODUCT SAMPLES FOR TESTING OR DEMONSTRATION
MADE UNDER SUBSECTIO N (D)(2) OF THIS SECTION SHAL L BE ISSUED TO ALL
OFFERORS DEEMED REAS ONABLE AT THE TIME O F THE REQUEST .
(F) A UNIT MAY:
(1) AWARD ONE OR MORE OF THE PROPOSALS A CONTRACT FOR THE
PROOF OF CONCEPT ; AND
(2) PROVIDE AN OPTION FO R THE STATE TO PROCEED WITH A FULL
IMPLEMENTATION OF AN AWARDED PROPOSAL .
(G) A VENDOR AWARDED A PRO OF OF CONCEPT PROCUR EMENT SHALL BE
ELIGIBLE TO BID ON A PROCUREMENT TO IMP LEMENT A PROPOSAL RE LATED TO
THE PROOF OF CONCEPT PROCUREMENT .
(H) THE DEPARTMENT OF GENERAL SERVICES, IN CONSULTATION WITH
THE DEPARTMENT OF INFORMATION TECHNOLOGY , SHALL ADOPT POLICIES AND Ch. 496 2024 LAWS OF MARYLAND
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PROCEDURES FOR THE D EVELOPMENT AND IMPLE MENTATION OF COMPETITIV E
PROOF OF CONCEPT PRO CUREMENTS .
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before December 1,
2024, the Governor’s Artificial Intelligence Subcabinet of the Governor’s Executive Council,
in consultation with the appropriate stakeholders, shall submit an interim report and
recommendations to the Governor and, in accordance with § 2 –1257 of the State
Government Article, the General Assembly on the risks and opportunities and associated
recommendations related to:
(1) use of artificial intelligence to support job and business creation and
growth in the State;
(2) in collaboration with the Maryland Department of Labor and, as
appropriate, external experts, workers, labor unions, businesses, and civil society, use of
artificial intelligence by the State workforce, including opportunities to upskill the
workforce;
(3) in consultation with the Maryland Department of Emergency
Management, the Public Service Commission, the Department of the Environment, and the
Department of Transportation, use of artificial intelligence in critical infrastructure and
guidelines for owners and operators to incorporate risk management into critical
infrastructure, including mapping emergent cyber and physical security and resiliency
risks to the State infrastructure and residents stemming from artificial intelligence;
(4) in consultation with the Maryland Department of Health, the U.S.
Department of Veterans Affairs, and the U.S. Department of Homeland Security, use of
systems that employ artificial intelligence in health care delivery and human services;
(5) in consultation with the Department of Information Technology Office
of Security Management and the Chief Privacy Officer, use of artificial intelligence in the
discovery and remediation of vulnerabilities in cybersecurity and data management across
State and local government, including school systems;
(6) in consultation with the State Chief Privacy Officer and an independent
contractor identified by the Subcabinet, data privacy, specifically regarding the potential
to train systems that employ artificial intelligence;
(7) in consultation with the Maryland Department of Labor, the
Department of Commerce, and the Governor’s Office of Small, Minority, and Women
Business Affairs, use of artificial intelligence in workforce training and hiring of talent with
expertise in artificial intelligence, employment practices, and workforce development
implications;
WES MOORE, Governor Ch. 496
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(8) in consultation with the Office of the Attorney General and the Judicial
Branch, use of artificial intelligence in the criminal justice system, including whether and
how such technology should be used, in what contexts, and with what safeguards;
(9) the procurement of systems that employ artificial intelligence,
including efforts to increase competition and assurance that contracts retain sufficient data
privacy protection against vendor lock–in;
(10) use of artificial intelligence by occupations licensed and certified by the
State, in consultation with the boards, identifying ways for the regulatory board to identify
and manage the risks of opportunities of artificial intelligence and determine appropriate
permitted use and supervision by licensees; and
(11) use of artificial intelligence in local school systems, including
recommendations to the State on the responsible and productive use of artificial
intelligence based on a review of the federal Department of Education Office of Educational
Technology’s report entitled “Artificial Intelligence and the Future of Teaching and
Learning: Insights and Recommendations”, in collaboration with the State Department of
Education.
SECTION 2. AND BE IT FURTHER ENACTED, That:
(a) The Governor’s Artificial Intelligence Subcabinet of the Governor’s Executive
Council, in consultation with the appropriate units of State government, shall:
(1) develop a roadmap to review the risks and opportunities associated
with the use of artificial intelligence in State services; and
(2) on or before December 1, 2024, submit the roadmap to the Governor
and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
(b) The roadmap developed under subsection (a) of this section shall include:
(1) a plan to study the use of artificial intelligence:
(i) to support job and business creation and growth in the State;
(ii) by the State workforce, including opportunities to upskill the
workforce;
(iii) in critical infrastructure, including guidelines for owners and
operators to incorporate risk management into critical infrastructure;
(iv) in health care delivery and human services;
Ch. 496 2024 LAWS OF MARYLAND
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(v) in the discovery and remediation of vulnerabilities in
cybersecurity and data management across State and local government, including school
systems;
(vi) in data privacy, specifically regarding the ability to train systems
that employ artificial intelligence;
(vii) in workforce training;
(viii) in the criminal justice system and for public safety purposes,
including whether and how such technology should be used, in what contexts, and with
what safeguards;
(ix) by occupations licensed and certified by the State, including
identifying ways for State regulatory boards to identify and manage the risks and
opportunities of artificial intelligence and determine appropriate permitted use and
supervision of licensees;
(x) in local school systems, including recommendations to the State
on the responsible and productive use of artificial intelligence;
(xi) in the conduct of elections, including reducing or eliminating the
spread of misinformation; and
(xii) any other State service identified by the Subcabinet;
(2) a plan to study:
(i) the hiring of talent with expertise in artificial intelligence,
employment practices, and workforce development implications;
(ii) methods to ensure that there is diversity in contract awards and
training programs related to artificial intelligence in the State, including racial diversity;
and
(iii) the procurement of systems that employ artificial intelligence,
including efforts to increase competition and assurance that contracts retain sufficient data
privacy protection against vendor lock–in;
(3) a prioritization of the study topics listed under this subsection,
including the methodology for the prioritization;
(4) a list of appropriate stakeholders identified to participate in each study
topic; and
(5) the projected timeline to complete each study topic. WES MOORE, Governor Ch. 496
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SECTION 3. AND BE IT FURTHER ENACTED, That, on or before December 1,
2025, the Governor’s Artificial Intelligence Subcabinet of the Governor’s Executive Council
shall submit a report and recommendations to the Governor and, in accordance with §
2–1257 of the State Government Article, the General Assembly on the sufficiency of the
Subcabinet to accomplish the artificial intelligence goals of the State and the efficacy of the
potential transition of the Subcabinet to a department or independent unit of State
government.
SECTION 4. AND BE IT FURTHER ENACTED, That it is the intent of the General
Assembly that the Department of Information Technology:
(1) evaluate the potential of artificial intelligence in creating a statewide
virtual 3–1–1 portal as a source for Maryland residents to obtain nonemergency
government information and services; and
(2) if the Department determines that the use of artificial intelligence in
creating a virtual 3–1–1 portal is feasible, to prioritize the creation of a virtual 3–1–1 portal
through a competitive proof of concept procurement in accordance with § 13–116 of the
State Finance and Procurement Article, as enacted by Section 1 of this Act.
SECTION 4. AND BE IT FURTHER ENACTED, Th at it is the intent of the Maryland
General Assembly, contingent on the passage of S.B. 955 or H.B. 1174 of the Acts of the
General Assembly of 2024 by both Houses of the General Assembly, that the Governor’s
Artificial Intelligence Subcabinet consult with the Technology Advisory Commission
established under S.B. 955 or H.B. 1174 of the Acts of the General Assembly of 2024 in the
performance of its duties under Sections 1 and 2 of this Act.
SECTION 4. 5. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2024.
Approved by the Governor, May 9, 2024.