EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. Italics indicate opposite chamber/conference committee amendments. *hb0376* HOUSE BILL 376 P1, S2 (5lr1418) ENROLLED BILL — Health and Government Operations/Education, Energy, and the Environment — Introduced by Chair, Health and Government Operations Committee Read and Examined by Proofreaders: _______________________________________________ Proofreader. _______________________________________________ Proofreader. Sealed with the Great Seal and presented to the Governor, for his approv al this _______ day of _______________ at ________________________ o’clock, ________M. ______________________________________________ Speaker. CHAPTER ______ AN ACT concerning 1 Maryland Cybersecurity Council – Membership – Alterations 2 FOR the purpose of altering the membership, selection of the membership, and chair of the 3 Maryland Cybersecurity Council; selection of the membership and chair of the 4 Maryland Cybersecurity Council; requiring the Council, working with certain 5 entities, to assess and address cybersecurity threats and associated risks from 6 artificial intelligence and quantum computing; and generally relating to the 7 Maryland Cybersecurity Council membership. 8 BY repealing and reenacting, without amendments, 9 Article – State Government 10 Section 9–2901(b) 11 Annotated Code of Maryland 12 (2021 Replacement Volume and 2024 Supplement) 13 2 HOUSE BILL 376 BY repealing and reenacting, with amendments, 1 Article – State Government 2 Section 9–2901(c) and (f), (f), and (j) 3 Annotated Code of Maryland 4 (2021 Replacement Volume and 2024 Supplement) 5 BY repealing 6 Article – State Government 7 Section 9–2901(g) 8 Annotated Code of Maryland 9 (2021 Replacement Volume and 2024 Supplement) 10 BY adding to 11 Article – State Government 12 Section 9–2901(g) 13 Annotated Code of Maryland 14 (2021 Replacement Volume and 2024 Supplement) 15 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 That the Laws of Maryland read as follows: 17 Article – State Government 18 9–2901. 19 (b) There is a Maryland Cybersecurity Council. 20 (c) The Council consists of the following members: 21 (1) the Attorney General, or the Attorney General’s designee; 22 (2) the Secretary of Information Technology, or the Secretary’s designee; 23 (3) the Secretary of State Police, or the Secretary’s designee; 24 (4) the Secretary of Commerce, or the Secretary’s designee; 25 (5) the Adjutant General, or the Adjutant General’s designee; 26 (6) the State Administrator of Elections, or the State Administrator’s 27 designee; 28 (7) the Executive Director of the Governor’s Office of Homeland Security, 29 or the Executive Director’s designee; 30 (8) the Director of the Maryland Coordination and Analysis Center, or the 31 Director’s designee; 32 HOUSE BILL 376 3 (9) the Secretary of Emergency Management, or the Secretary’s designee; 1 (10) THE PEOPLE’S COUNSEL, OR THE DESIGNEE OF T HE PEOPLE’S 2 COUNSEL; 3 (11) the Chief Executive Officer of the Maryland Technology Development 4 Corporation, or the Chief Executive Officer’s designee; 5 (11) (12) the Chair of the Tech Council of Maryland, or the Chair’s 6 designee; 7 (12) THE EXECUTIVE DIRECTOR OF THE CYBERSECURITY 8 ASSOCIATION, INC., OR THE EXECUTIVE DIRECTOR’S DESIGNEE; 9 (12) (13) the President of the Fort Meade Alliance, or the President’s 10 designee; 11 (13) (14) the President of the Army Alliance, or the President’s designee; 12 and 13 (14) (15) the following members appointed by the [Attorney General] 14 GOVERNOR: 15 (i) five FOUR representatives of cybersecurity companies located in 16 the State, with at least three representing cybersecurity companies with 50 or fewer 17 employees, DESIGNATED BY THE CYBERSECURITY ASSOCIATION OF MARYLAND; 18 (ii) four representatives from statewide or regional business 19 associations; 20 (16) THE CHIEF EXECUTIVE OFFICER OF THE MARYLAND CHAMBER OF 21 COMMERCE, OR THE CHIEF EXECUTIVE OFFICER’S DESIGNEE; 22 (17) THE EXECUTIVE DIRECTOR OF THE CYBERSECURITY 23 ASSOCIATION OF MARYLAND, OR THE EXECUTIVE DIRECTOR’S DESIGNEE; 24 (iii) (18) up to ten NINE representatives from institutions of higher 25 education located in the State WITH EXPERTISE IN CY BERSECURITY, WITH AT LEAST 26 FOUR REPRESENTATIVES WITH EXPERTISE IN AR TIFICIAL INTELLIGENC E AND 27 QUANTUM COMPUTING , INCLUDING: 28 (I) THE PRESIDENT, OR THE PRESIDENT’S DESIGNEE, OF: 29 1. BOWIE STATE UNIVERSITY; 30 4 HOUSE BILL 376 2. JOHNS HOPKINS UNIVERSITY; 1 3. MORGAN STATE UNIVERSITY; 2 4. THE UNIVERSITY OF MARYLAND, BALTIMORE 3 CAMPUS; 4 5. THE UNIVERSITY OF MARYLAND, BALTIMORE 5 COUNTY; AND 6 6. THE UNIVERSITY OF MARYLAND, COLLEGE PARK 7 CAMPUS; 8 (II) THE DEAN OF THE UNIVERSITY OF MARYLAND GLOBAL 9 CAMPUS SCHOOL OF CYBERSECURITY AND INFORMATION TECHNOLOGY , OR THE 10 DEAN’S DESIGNEE; AND 11 (III) TWO ADDITIONAL REPRESENTATIVES DESI GNATED BY THE 12 CHANCELLOR OF THE UNIVERSITY SYSTEM OF MARYLAND; 13 (iv) one representative of a crime victims organization; 14 (v) four representatives from industries that may be susceptible to 15 attacks on cybersecurity, including at least one representative of a bank, whether or not 16 State–chartered, that has a branch in the State; 17 (vi) two representatives of organizations that have expertise in 18 electronic health care records; and 19 (19) THE DIRECTOR OF CASH CAMPAIGN OF MARYLAND, OR THE 20 DIRECTOR’S DESIGNEE; 21 (20) THE EXECUTIVE DIRECTOR OF ECONOMIC ACTION MARYLAND, 22 OR THE EXECUTIVE DIRECTOR’S DESIGNEE; 23 (21) ONE BANK CHIEF INFOR MATION SECURITY OFFI CER, DESIGNATED 24 BY THE MARYLAND BANKERS ASSOCIATION; 25 (22) ONE HOSPITAL CHIEF INFORMATION SECURITY OFFICER, 26 DESIGNATED BY THE MARYLAND HOSPITAL ASSOCIATION; 27 (23) ONE WATER SYSTEMS CH IEF INFORMATION SECU RITY OFFICER 28 WHO WORKS FOR A WATE R SYSTEM LOCATED IN THE STATE, DESIGNATED BY THE 29 NATIONAL ASSOCIATION OF WATER COMPANIES; 30 HOUSE BILL 376 5 (24) ONE ELECTRIC COMPANY CHIEF INFORMATION SE CURITY OFFICER 1 WHO WORKS IN THE STATE FOR AN ELECTRIC COMPANY SERVING CUST OMERS IN THE 2 STATE, DESIGNATED BY THE EDISON ELECTRIC INSTITUTE; 3 (25) THE EXECUTIVE DIRECTOR OF THE ELECTRONIC PRIVACY 4 INFORMATION CENTER, OR THE EXECUTIVE DIRECTOR’S DESIGNEE; 5 (26) THE EXECUTIVE DIRECTOR OF THE CENTER FOR DEMOCRACY 6 AND TECHNOLOGY , OR THE EXECUTIVE DIRECTOR’S DESIGNEE; 7 (27) THE CHIEF EXECUTIVE OFFICER OF THE TECHNOLOGY 8 ADVANCEMENT CENTER, OR THE CHIEF EXECUTIVE OFFICER’S DESIGNEE; 9 (28) THE DIRECTOR OF THE CENTER FOR GOVERNANCE OF 10 TECHNOLOGY AND SYSTEMS, OR THE DIRECTOR’S DESIGNEE; AND 11 (vii) (29) any other stakeholder that the [Attorney General] 12 GOVERNOR CHAIR determines appropriate. 13 (f) The [Attorney General] GOVERNOR CHAIR also shall invite, as appropriate, 14 the following representatives of federal agencies to serve on the Council: 15 (1) the Director of the National Security Agency, or the Director’s designee; 16 (2) the Secretary of Homeland Security, or the Secretary’s designee; 17 (3) the Director of the Defense Information Systems Agency, or the 18 Director’s designee; 19 (4) THE DIRECTOR OF THE NATIONAL INSTITUTE FOR SCIENCE AND 20 TECHNOLOGY , OR THE DIRECTOR’S DESIGNEE; 21 (5) the Director of the Intelligence Advanced Research Projects Activity, or 22 the Director’s designee; and 23 (5) (6) any other federal agency that the Attorney General CHAIR 24 determines appropriate. 25 [(g) The Attorney General, or the Attorney General’s designee, shall chair the 26 Council.] 27 (G) (1) BEGINNING SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , 28 BEGINNING OCTOBER 1, 2025, AND EVERY 2 YEARS THEREAFTER , THE COUNCIL 29 6 HOUSE BILL 376 SHALL ELECT A CHAIR AND VICE CHAIR FROM AMONG THE MEMBE RS OF THE 1 COUNCIL. 2 (2) ONE SHALL BE A STATE EMPLOYEE AND ON E SHALL BE A 3 NON–STATE EMPLOYEE . 4 (j) The Council shall work with the National Institute of Standards and 5 Technology and other federal agencies, private sector businesses, NONPROFITS, and private 6 cybersecurity experts to ASSESS AND ADDRESS C YBERSECURITY THREATS AND 7 ASSOCIATED RISKS FRO M ARTIFICIAL INTELLI GENCE AND QUANTUM CO MPUTING TO: 8 (1) for critical infrastructure [not covered by federal law or the Executive 9 Order], review and conduct risk assessments to determine which local infrastructure sectors 10 are at the greatest risk of cyber attacks and need the most enhanced cybersecurity measures; 11 (2) use federal guidance to identify categories of critical infrastructure as 12 critical cyber infrastructure if cyber damage or unauthorized cyber access to the 13 infrastructure could reasonably result in catastrophic consequences, including: 14 (i) interruption in the provision of energy, water, transportation, 15 emergency services, food, or other life–sustaining services sufficient to cause a mass casualty 16 event or mass evacuations; 17 (ii) catastrophic economic damage; or 18 (iii) severe degradation of State or national security; 19 (3) assist infrastructure entities that are not covered by the Executive Order 20 in complying with federal cybersecurity guidance; 21 (4) assist private sector cybersecurity businesses in adopting, adapting, and 22 implementing the National Institute of Standards and Technology cybersecurity framework 23 of standards and practices; 24 (5) examine inconsistencies between State and federal laws regarding 25 cybersecurity; 26 (6) recommend a comprehensive State strategic plan to ensure a coordinated 27 and adaptable response to and recovery from cybersecurity attacks; [and] 28 (7) ADDRESS SENSITIVE PR IVACY INTERESTS OF STATE RESIDENTS 29 RELATED TO CYBERSECU RITY AND ASSOCIATED RISKS; 30 (8) ADDRESS EMERGING THR EATS POSED BY ARTIFI CIAL 31 INTELLIGENCE , INCLUDING: 32 HOUSE BILL 376 7 (I) ADVERSARIAL ARTIFICI AL INTELLIGENCE ; 1 (II) CYBER ATTACKS ; 2 (III) DEEPFAKE TECHNOLOGIE S; 3 (IV) UNETHICAL USE ; AND 4 (V) FRAUD; AND 5 [(7)] (9) recommend any legislative changes considered necessary by the 6 Council to address cybersecurity issues. 7 SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the General 8 Assembly that the Maryland Cybersecurity Council reviews and adjusts its subcommittee 9 structure, if necessary, and implements appropriate bylaws of operation consistent with 10 State law by December 1, 2025. 11 SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 12 October 1, 2025. 13 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ Speaker of the House of Delegates. ________________________________________________________________________________ President of the Senate.