EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *hb1309* HOUSE BILL 1309 F1, S2 5lr3329 CF SB 907 By: Delegate Wu Introduced and read first time: February 7, 2025 Assigned to: Health and Government Operations and Ways and Means A BILL ENTITLED AN ACT concerning 1 Cybersecurity – Standards, Compliance, and Audits – Alterations 2 FOR the purpose of repealing the requirement that county boards of education prioritize 3 the purchase of digital devices with certain funds; requiring each local school system 4 to comply with, and certify compliance with, the State minimum cybersecurity 5 standards and to conduct a cybersecurity maturity assessment every 2 years; 6 requiring the Office of Security Management within the Department of Information 7 Technology to annually update the State minimum cybersecurity standards; 8 requiring the Department of Information Technology to provide a certain number of 9 information security officers to assist local school systems with certain functions and 10 to focus on a certain standard for a certain school year; requiring the Office of 11 Legislative Audits within the Department of Legislative Services to refer to the State 12 minimum cybersecurity standards when conducting certain audits; and generally 13 relating to cybersecurity. 14 BY repealing and reenacting, with amendments, 15 Article – Education 16 Section 5–212 17 Annotated Code of Maryland 18 (2022 Replacement Volume and 2024 Supplement) 19 BY adding to 20 Article – Education 21 Section 5–213(e) and (f) 22 Annotated Code of Maryland 23 (2022 Replacement Volume and 2024 Supplement) 24 BY repealing and reenacting, with amendments, 25 Article – State Finance and Procurement 26 Section 3.5–101, 3.5–2A–04(b), and 3.5–405 27 Annotated Code of Maryland 28 2 HOUSE BILL 1309 (2021 Replacement Volume and 2024 Supplement) 1 BY repealing and reenacting, without amendments, 2 Article – State Finance and Procurement 3 Section 3.5–2A–02 and 3.5–301(a) and (c) 4 Annotated Code of Maryland 5 (2021 Replacement Volume and 2024 Supplement) 6 BY repealing and reenacting, with amendments, 7 Article – State Government 8 Section 2–1221 9 Annotated Code of Maryland 10 (2021 Replacement Volume and 2024 Supplement) 11 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12 That the Laws of Maryland read as follows: 13 Article – Education 14 5–212. 15 (a) The target per pupil foundation amount includes costs associated with 16 implementing the Blueprint for Maryland’s Future including: 17 (1) Increasing salaries; 18 (2) Additional teachers to provide professional learning and collaborative 19 time for teachers; 20 (3) Career counseling; 21 (4) Behavioral health; 22 (5) Instructional opportunities for students who are college and career 23 ready and those who are not; 24 (6) Maintenance and operation of schools; 25 (7) Supplies and materials for teachers; and 26 (8) Educational technology including digital devices, broadband 27 connectivity, [and] information technology staff, AND CYBERSECURITY . 28 (b) Schools may use funds provided under this section to provide the programs 29 required under COMAR 13A.04.16.01. 30 (c) (1) [County boards of education and schools shall prioritize the purchase 31 HOUSE BILL 1309 3 of digital devices for using funds under subsection (a)(8) of this section. 1 (2)] Additional funds provided in the target per pupil foundation amount for 2 educational technology are intended to supplement and not supplant existing funding 3 provided for educational technology. 4 [(3)] (2) (i) On or before [November 15 each year] AUGUST 15, 2025, 5 AND EACH AUGUST 15 THEREAFTER , each county board shall submit a report to the 6 Department detailing, for the previous fiscal year: 7 1. The amount spent by the local school system on 8 [technology disaggregated by digital devices, connectivity, and] information technology 9 staff[; and] DISAGGREGATED BY : 10 A. FULL–TIME EMPLOYEES ; 11 B. VENDOR–SUPPORTED STAFF OR C ONTRACTORS ; AND 12 C. DEDICATED CYBERSECURI TY PROFESSIONALS BY 13 TYPE, INCLUDING CHIEF INFO RMATION SECURITY OFF ICERS AND CYBERSECUR ITY 14 SPECIALISTS; 15 2. The percentage of students, teachers, and staff with 16 digital devices and adequate connectivity in their homes in accordance with the Federal 17 Communications Commission standards for broadband; AND 18 3. CYBERSECURITY EXPENDI TURES RELATED TO THE 19 STATE MINIMUM CYBERSE CURITY STANDARDS EST ABLISHED BY THE DEPARTMENT 20 OF INFORMATION TECHNOLOGY . 21 (ii) On or before December 15 each year, the Department shall 22 submit to the General Assembly, in accordance with § 2–1257 of the State Government 23 Article, a compilation of the reports submitted to the Department under subparagraph (i) 24 of this paragraph. 25 (iii) On or before September 1, 2021, the Department shall establish 26 uniform reporting requirements, including definitions to ensure that consistent and 27 comparable reports are submitted under subparagraph (i) of this paragraph. 28 5–213. 29 (E) (1) EACH COUNTY BOARD SHA LL PROVIDE SUFFICIENT 30 CYBERSECURITY STAFFI NG AS DETERMINED BY THE STATE CHIEF INFORMATION 31 SECURITY OFFICER. 32 4 HOUSE BILL 1309 (2) LOCAL SCHOOL SYSTEMS MAY SHARE SERVICES , CONTRACTORS , 1 OR REGIONAL SUPPORT FROM THE DEPARTMENT TO MEET THE REQUIREMENTS OF 2 PARAGRAPH (1) OF THIS SUBSECTION, PROVIDED THAT EACH L OCAL SCHOOL 3 SYSTEM ENSURES TIMEL Y AND ADEQUATE SUPPO RT FOR CYBERSECURITY . 4 (F) (1) BEGINNING IN 2026, EACH LOCAL SCHOOL SY STEM SHALL: 5 (I) COMPLY WITH THE STATE MINIMUM CYBERSECURIT Y 6 STANDARDS; AND 7 (II) CONDUCT A CYBERSECURI TY MATURITY ASSESSME NT 8 EVERY 2 YEARS. 9 (2) ON OR BEFORE JUNE 30, 2026, AND EACH JUNE 30 EVERY 2 10 YEARS THEREAFTER , EACH LOCAL SCHOOL SY STEM SHALL CERTIFY T O THE OFFICE 11 OF SECURITY MANAGEMENT WITHIN THE DEPARTMENT OF INFORMATION 12 TECHNOLOGY COMPLIANCE WITH THE STATE MINIMUM CYBERSE CURITY 13 STANDARDS. 14 Article – State Finance and Procurement 15 3.5–101. 16 (a) In this title the following words have the meanings indicated. 17 (b) “Cloud computing” means a service that enables on–demand self–service 18 network access to a shared pool of configurable computer resources, including data storage, 19 analytics, commerce, streaming, e–mail, document sharing, and document editing. 20 (c) “Department” means the Department of Information Technology. 21 (d) “Secretary” means the Secretary of Information Technology. 22 (E) “STATE MINIMUM CYBERSE CURITY STANDARDS ” MEANS THE STATE 23 MINIMUM CYBERSECURIT Y STANDARDS ESTABLIS HED BY THE DEPARTMENT OF 24 INFORMATION TECHNOLOGY . 25 [(e)] (F) “Telecommunication” means the transmission of information, images, 26 pictures, voice, or data by radio, video, or other electronic or impulse means. 27 [(f)] (G) “Unit of State government” means an agency or unit of the Executive 28 Branch of State government. 29 3.5–2A–02. 30 HOUSE BILL 1309 5 There is an Office of Security Management within the Department. 1 3.5–2A–04. 2 (b) The Office shall: 3 (1) establish standards to categorize all information collected or 4 maintained by or on behalf of each unit of State government; 5 (2) establish standards to categorize all information systems maintained 6 by or on behalf of each unit of State government; 7 (3) develop guidelines governing the types of information and information 8 systems to be included in each category; 9 (4) establish security requirements for information and information 10 systems in each category; 11 (5) assess the categorization of information and information systems and 12 the associated implementation of the security requirements established under item (4) of 13 this subsection; 14 (6) if the State Chief Information Security Officer determines that there 15 are security vulnerabilities or deficiencies in any information systems, determine and direct 16 or take actions necessary to correct or remediate the vulnerabilities or deficiencies, which 17 may include requiring the information system to be disconnected; 18 (7) if the State Chief Information Security Officer determines that there is 19 a cybersecurity threat caused by an entity connected to the network established under § 20 3.5–404 of this title that introduces a serious risk to entities connected to the network or to 21 the State, take or direct actions required to mitigate the threat; 22 (8) manage security awareness training for all appropriate employees of 23 units of State government; 24 (9) assist in the development of data management, data governance, and 25 data specification standards to promote standardization and reduce risk; 26 (10) assist in the development of a digital identity standard and 27 specification applicable to all parties communicating, interacting, or conducting business 28 with or on behalf of a unit of State government; 29 (11) develop and maintain information technology security policy, 30 standards, and guidance documents, consistent with best practices developed by the 31 National Institute of Standards and Technology; 32 (12) to the extent practicable, seek, identify, and inform relevant 33 6 HOUSE BILL 1309 stakeholders of any available financial assistance provided by the federal government or 1 non–State entities to support the work of the Office; 2 (13) provide technical assistance to localities in mitigating and recovering 3 from cybersecurity incidents; [and] 4 (14) ANNUALLY REVIEW AND UPDATE THE STATE MINIMUM 5 CYBERSECURITY STANDA RDS; AND 6 (15) provide technical services, advice, and guidance to units of local 7 government to improve cybersecurity preparedness, prevention, response, and recovery 8 practices. 9 3.5–301. 10 (a) In this subtitle the following words have the meanings indicated. 11 (c) “Cybersecurity” means processes or capabilities wherein systems, 12 communications, and information are protected and defended against damage, 13 unauthorized use or modification, and exploitation. 14 3.5–405. 15 (a) This section does not apply to municipal governments. 16 (b) In a manner and frequency established in regulations adopted by the 17 Department, each county government, local school system, and local health department 18 shall, in consultation with the local emergency manager, create or update a cybersecurity 19 preparedness and response plan and complete a cybersecurity preparedness assessment. 20 (C) THE DEPARTMENT SHALL ASSI GN AT LEAST THREE IN FORMATION 21 SECURITY OFFICERS TO SUPPORT LOCAL SCHOOL SYSTEMS WITH : 22 (1) COMPLIANCE WITH THE STATE MINIMUM CYBERSE CURITY 23 STANDARDS; 24 (2) CONDUCTING CYBERSECU RITY MATURITY ASSESSMENTS EV ERY 2 25 YEARS; AND 26 (3) REMEDIATION EFFORTS . 27 (D) ON OR BEFORE JUNE 30, 2026, AND EACH JUNE 30 EVERY 2 YEARS 28 THEREAFTER , EACH LOCAL SCHOOL SY STEM SHALL CERTIFY T O THE OFFICE OF 29 SECURITY MANAGEMENT COMPLIANCE WITH THE STATE MINIMUM 30 CYBERSECURITY STANDARDS . 31 HOUSE BILL 1309 7 Article – State Government 1 2–1221. 2 (a) A fiscal/compliance audit conducted by the Office of Legislative Audits shall 3 include: 4 (1) examining financial transactions and records and internal controls; 5 (2) evaluating compliance with applicable laws and regulations; 6 (3) examining electronic data processing operations; and 7 (4) evaluating compliance with applicable laws and regulations relating to 8 the acquisition of goods and services from Maryland Correctional Enterprises. 9 (b) A performance audit conducted by the Office of Legislative Audits may 10 include: 11 (1) evaluating the efficiency, effectiveness, and economy with which 12 resources are used; 13 (2) determining whether desired program results are achieved; and 14 (3) determining the reliability of performance measures, as defined in § 15 3–1001(g) of the State Finance and Procurement Article, identified in: 16 (i) the managing for results agency strategic plan developed under 17 § 3–1002(c) of the State Finance and Procurement Article; or 18 (ii) the StateStat agency strategic plan developed under § 3–1003(d) 19 of the State Finance and Procurement Article. 20 (c) The purpose of financial statement audits conducted by the Office of 21 Legislative Audits shall be to express an opinion regarding the fairness of the presentation 22 of a unit’s financial statements. 23 (d) (1) The audits referred to in subsections (a), (b), and (c) of this section shall 24 be conducted in accordance with generally accepted government auditing standards. 25 (2) FOR THE AUDITS REFERRE D TO IN SUBSECTIONS (A), (B), AND (C) 26 OF THIS SECTION, THE OFFICE OF LEGISLATIVE AUDITS SHALL BE GUIDE D BY THE 27 DEPARTMENT OF INFORMATION TECHNOLOGY ’S STATE MINIMUM CYBERSE CURITY 28 STANDARDS. 29 8 HOUSE BILL 1309 (e) (1) Upon approval of the Joint Audit and Evaluation Committee, the Office 1 of Legislative Audits shall develop and use a rating system that is based on the results of 2 a fiscal/compliance audit to determine an overall evaluation of a unit’s financial 3 transactions, records, and internal controls and compliance with applicable laws and 4 regulations as a means of comparing the various units of State government. 5 (2) When an evaluation is issued, it shall be provided to the unit and shall 6 be available to the Joint Audit and Evaluation Committee and the Budget Committees of 7 the Maryland General Assembly. 8 SECTION 2. AND BE IT FURTHER ENACTED, That, for the 2025 –2026 school 9 year, the Department of Information Technology shall focus on Standard 6.2 Protect (PR) 10 Controls of the State minimum cybersecurity standards. 11 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 12 1, 2025. 13