Maryland 2025 Regular Session

Maryland House Bill HB738 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [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.
85 *hb0738*
96
107 HOUSE BILL 738
118 S1 5lr2987
12- CF SB 705
13-By: Delegates Kaiser, Bartlett, Feldmark, Hill, Kerr, and Kipke Kipke, Alston,
14-Bagnall, Bhandari, Cullison, Guzzone, Hutchinson, S. Johnson, Lopez,
15-Martinez, M. Morgan, Pena–Melnyk, Reilly, Ross, Szeliga, Taveras,
16-White Holland, Woods, and Woorman
9+ CF 5lr2986
10+By: Delegates Kaiser, Bartlett, Feldmark, Hill, Kerr, and Kipke
1711 Introduced and read first time: January 27, 2025
1812 Assigned to: Health and Government Operations
19-Committee Report: Favorable with amendments
20-House action: Adopted
21-Read second time: March 19, 2025
2213
23-CHAPTER ______
14+A BILL ENTITLED
2415
2516 AN ACT concerning 1
2617
27-Department of Information Technology – Reporting Guidelines Major 2
28-Information Technology Development Projects – Oversight 3
18+Department of Information Technology – Reporting Guidelines 2
2919
30-FOR the purpose of altering the content of certain reports by the Department of 4
31-Information Technology relating to the Information Technology Investment Fund; 5
32-requiring the reports to be written and structured in a certain manner and made 6
33-publicly available on the Department’s website; and generally relating to reporting 7
34-by the Department of Information Technology providing that a unit of State 8
35-government may not purchase, lease, contract for, or rent an information technology 9
36-service or product under certain circumstances; providing that the Secretary of 10
37-Information Technology is responsible for overseeing the implementation of major 11
38-information technology development projects in the State; authorizing the Secretary 12
39-of Information Technology and the Secretary of Budget and Management to withhold 13
40-or reallocate major information technology development project funds under certain 14
41-circumstances; altering the reporting requirements for allocations from the 15
42-Information Technology Investment Fund; requiring the Department of Information 16
43-Technology to publish a public dashboard with certain information about major 17
44-information technology projects using the Information Technology Investment Fund; 18
45-requiring Chief Information Officers for a unit of State government with a planned 19
46-or ongoing major information technology development project to meet with the 20
47-Secretary of Information Technology on a certain basis to discuss certain aspects of 21
48-the projects; establishing the Maryland Office of Digital Experience within the 22 2 HOUSE BILL 738
20+FOR the purpose of altering the content of certain reports by the Department of 3
21+Information Technology relating to the Information Technology Investment Fund; 4
22+requiring the reports to be written and structured in a certain manner and made 5
23+publicly available on the Department’s website; and generally relating to reporting 6
24+by the Department of Information Technology. 7
25+
26+BY repealing and reenacting, without amendments, 8
27+ Article – State Finance and Procurement 9
28+Section 3.5–309(a) 10
29+ Annotated Code of Maryland 11
30+ (2021 Replacement Volume and 2024 Supplement) 12
31+
32+BY repealing and reenacting, with amendments, 13
33+ Article – State Finance and Procurement 14
34+Section 3.5–309(n) and (o) 15
35+ Annotated Code of Maryland 16
36+ (2021 Replacement Volume and 2024 Supplement) 17
37+
38+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
39+That the Laws of Maryland read as follows: 19
40+
41+Article – State Finance and Procurement 20
42+
43+3.5–309. 21
44+
45+ (a) There is an Information Technology Investment Fund. 22
46+ 2 HOUSE BILL 738
4947
5048
51-Department to provide oversight, leadership, intervention, and strategic 1
52-modernization for major information technology development projects; authorizing 2
53-the Office to require units to provide certain reimbursement for services under 3
54-certain circumstances; establishing the Maryland Digital Service Unit within the 4
55-Maryland Office of Digital Experience to collaborate with units of State government 5
56-to improve digital services; establishing the Major Information Technology 6
57-Development Project Oversight Division to standardize, monitor, and support the 7
58-implementation of major information technology development projects and expedited 8
59-projects in the State; establishing the Information Technology Advisory Board to 9
60-advise the Legislative Policy Committee; repealing a requirement that the Joint 10
61-Audit and Evaluation Committee conduct a certain study and report certain 11
62-recommendations to certain committees of the General Assembly; repealing the 12
63-Modernize Maryland Commission; and generally relating to major information 13
64-technology development projects and the Department of Information Technology. 14
49+ (n) (1) On or before [November] OCTOBER 1 of each year, the Secretary shall 1
50+report to the Governor and the Secretary of Budget and Management and, in accordance 2
51+with § 2–1257 of the State Government Article, to the Senate Budget and Taxation 3
52+Committee, the Senate Committee on Education, Energy, and the Environment, the House 4
53+Appropriations Committee, the House Health and Government Operations Committee, and 5
54+the Joint Committee on Cybersecurity, Information Technology, and Biotechnology. 6
6555
66-BY repealing and reenacting, without amendments, 15
67- Article – State Finance and Procurement 16
68-Section 3.5–309(a) 17
69- Annotated Code of Maryland 18
70- (2021 Replacement Volume and 2024 Supplement) 19
56+ (2) The report shall include: 7
7157
72-BY repealing and reenacting, with amendments, 20
73- Article – State Finance and Procurement 21
74-Section 3.5–309(n) and (o) 3.5–101, 3.5–307(a) and (d)(1), 3.5–308, and 3.5–309(o) 22
75-and (p) 23
76- Annotated Code of Maryland 24
77- (2021 Replacement Volume and 2024 Supplement) 25
58+ (i) the financial status of the Fund and a summary of its operations 8
59+for the preceding fiscal year; 9
7860
79-BY repealing and reenacting, without amendments, 26
80- Article – State Finance and Procurement 27
81- Section 3.5–309(a) 28
82- Annotated Code of Maryland 29
83- (2021 Replacement Volume and 2024 Supplement) 30
61+ (ii) an accounting for the preceding fiscal year of all money from each 10
62+of the revenue sources specified in subsection (e) of this section, including any expenditures 11
63+made from the Fund; and 12
8464
85-BY repealing 31
86- Article – State Finance and Procurement 32
87- Section 3.5–309(n) and 3.5–316 33
88- Annotated Code of Maryland 34
89- (2021 Replacement Volume and 2024 Supplement) 35
65+ (iii) for each project receiving money from the Fund in the preceding 13
66+fiscal year and for each major information technology development project or expedited 14
67+project receiving funding from any source other than the Fund in the preceding fiscal year: 15
9068
91-BY adding to 36
92- Article – State Finance and Procurement 37
93- Section 3.5–309(o), (p), and (r); and 3.5–901 through 3.5–907 to be under the new 38
94- subtitle “Subtitle 9. Maryland Office of Digital Experience” 39
95- Annotated Code of Maryland 40
96- (2021 Replacement Volume and 2024 Supplement) 41
69+ 1. A BRIEF DESCRIPTION OF THE PROJECT , INCLUDING 16
70+MAJOR CUSTOMERS AND INTERDEPENDENCIES WI TH OTHER SYSTEMS ; 17
71+
72+ 2. AN ANALYSIS OF HOW T HE PROJECT GOALS PRO VIDE 18
73+AN ADVANTAGE OVER CU RRENT AGENCY OPERATI ONS, INCLUDING A DESCRIPT ION 19
74+OF KEY PROJECT GOALS , CRITICAL SUCCESS FACTORS , HOW THE PROJECT 20
75+SUPPORTS THE BUSINES S PROCESS, AND WHETHER THE SUCC ESSFUL PROJECT 21
76+WILL PROVIDE A BASIS FOR A FUTURE PROJECT AT THE SAME OR ANY O THER UNIT 22
77+OF STATE GOVERNMENT ; 23
78+
79+ 3. A DESCRIPTION OF TEC HNOLOGIES EMPLOYED I N 24
80+THE PROJECT; 25
81+
82+ 4. AN ASSESSMENT OF THE VENDOR POOL OF LIKEL Y 26
83+BIDDERS OR OFFERORS ; 27
84+
85+ 5. A DESCRIPTION OF THE PROCESS USED TO DEVE LOP 28
86+THE PROJECT; 29
87+
88+ 6. AN OVERVIEW OF THE P ROJECT SCHEDULE , 30
89+INCLUDING ANY INTERM EDIATE PROJECT DEADL INES; 31
90+
91+ [1.] 7. the status of the project and project funding 32
92+decisions; 33
9793 HOUSE BILL 738 3
9894
9995
100-BY adding to 1
101- Article – State Government 2
102- Section 2–411 3
103- Annotated Code of Maryland 4
104- (2021 Replacement Volume and 2024 Supplement) 5
96+ [2.] 8. a comparison of estimated and actual costs of the 1
97+project; 2
10598
106-BY repealing 6
107- Chapter 497 of the Acts of the General Assembly of 2024 7
108- Section 4 8
99+ [3.] 9. any known or anticipated changes in scope or costs 3
100+of the project; 4
109101
110- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9
111-That the Laws of Maryland read as follows: 10
102+ 10. A DESCRIPTION OF ANY ONGOING OPERATING 5
103+EXPENSES AS A RESULT OF THE PROJECT AND A TIMELINE OF WHEN THO SE COSTS 6
104+WILL BE INCURRED ; 7
112105
113-Article – State Finance and Procurement 11
106+ [4.] 11. an evaluation of whether the project is using best 8
107+practices; and 9
114108
115-3.5–101. 12
109+ [5.] 12. a summary of any monitoring and oversight of the 10
110+project from outside the agency in which the project is being developed, including a 11
111+description of any problems identified by any external review and any corrective actions 12
112+taken. 13
116113
117- (a) In this title the following words have the meanings indicated. 13
114+ (3) THE REPORT SUBMITTED UNDER THIS SUBSECTIO N SHALL BE: 14
118115
119- (b) “Cloud computing” means a service that enables on–demand self–service 14
120-network access to a shared pool of configurable computer resources, including data storage, 15
121-analytics, commerce, streaming, e–mail, document sharing, and document editing. 16
116+ (I) WRITTEN, AS PRACTICABLE , IN A MANNER THAT IS CLEAR, 15
117+CONCISE, AND WELL–ORGANIZED AND AVOIDS TECHNICAL JARGON ; 16
122118
123- (c) “Department” means the Department of Information Technology. 17
119+ (II) STRUCTURED TO INCLUD E AN EXECUTIVE SUMMA RY OF KEY 17
120+INFORMATION THAT HIG HLIGHTS ACTION ITEMS AND DECISION POINTS ; AND 18
124121
125- (D) (1) “OVERSIGHT OF IMPLEMEN TATION” MEANS MANAGEMENT OF 18
126-THE PROCESS TO IMPLE MENT A NEW TECHNOLOG Y, SYSTEM, OR PRODUCT INTO 19
127-PRACTICE AND US E BY A UNIT. 20
122+ (III) MADE PUBLIC LY AVAILABLE ON THE DEPARTMENT ’S 19
123+WEBSITE. 20
128124
129- (2) “OVERSIGHT OF IMPLEMEN TATION” INCLUDES: 21
125+ (o) (1) On or before January 15 of each year, for each major information 21
126+technology development project or expedited project currently in development or for which 22
127+operations and maintenance funding is being provided in accordance with subsection (i)(3) 23
128+of this section, subject to § 2–1257 of the State Government Article, the Secretary shall 24
129+provide a summary report to the Department of Legislative Services with the most 25
130+up–to–date project information including: 26
130131
131- (I) PLANNING AND PREPARA TION TO IMPLEMENT TH E 22
132-PRODUCT OR PRACTICE ; AND 23
132+ [(1)] (I) project funding decisions and project status, INCLUDING: 27
133133
134- (II) ONGOING MONITORING A ND SUPPORT OF THE 24
135-IMPLEMENTATION TEAM TO ENSURE SUCCESSFUL EXECUTION AND THAT T HE 25
136-PROJECT GOALS ARE MET . 26
134+ 1. ANNUAL DEVELOPMENT C OSTS; 28
137135
138- (3) “OVERSIGHT OF IMPLEMEN TATION” DOES NOT INCLUDE : 27
136+ 2. FUNDING SOURCES ; AND 29
139137
140- (I) RESPONSIBILITY FOR D AY–TO–DAY MANAGEMENT OF AN Y 28
141-INDIVIDUAL PROJECTS OR PRODUCTS ; OR 29
142-
143- (II) RESPONSIBILITY FOR I MPLEMENTING INDIVIDU AL–LEVEL 30
144-PROCESS REQUIREMENTS FOR A PROJECT OR PRODUCT . 31
138+ 3. ONGOING OPERATING CO STS, INCLUDING LICENSES 30
139+AND SUPPORT TO MAINT AIN AND UPDATE THE S YSTEM; 31
145140 4 HOUSE BILL 738
146141
147142
148- [(d)] (E) “Secretary” means the Secretary of Information Technology. 1
143+ [(2)] (II) any schedule, cost, and scope changes since the [last annual] 1
144+report REQUIRED UNDER SUBSE CTION (N) OF THIS SECTION WAS SUBMITTED; 2
149145
150- [(e)] (F) “Telecommunication” means the transmission of information, images, 2
151-pictures, voice, or data by radio, video, or other electronic or impulse means. 3
146+ [(3)] (III) a risk assessment THAT GIVES A DETAILE D DESCRIPTION OF 3
147+THE RISK IDENTIFIED , including: 4
152148
153- [(f)] (G) “Unit of State government” means an agency or unit of the Executive 4
154-Branch of State government. 5
149+ 1. TYPE OF RISK IDENTIF IED, INCLUDING AGENCY 5
150+GOVERNANCE , STAFF RESOURCE AVAIL ABILITY OR TRAINING , FUNDING, 6
151+INTERDEPENDENCIES WI TH OTHER SYSTEMS , TECHNICAL ISSUES , 7
152+ORGANIZATIONAL CULTU RE, OR LONG–TERM SUPPORTABILITY ; AND 8
155153
156-3.5–307. 6
154+ 2. any problems identified by any internal or external review 9
155+and any corrective actions taken; [and] 10
157156
158- (a) (1) A unit of State government may not purchase, lease, CONTRACT FOR , 7
159-or rent AN information technology SERVICE OR PRODUCT unless consistent with the 8
160-master plan, as determined by the Secretary. 9
157+ (IV) PROJECT TRACKING MET RICS, INCLUDING: 11
161158
162- (2) A unit of State government other than a public institution of higher 10
163-education may not make expenditures for major information technology development 11
164-projects or cybersecurity projects except as provided in § 3.5–308 of this subtitle. 12
159+ 1. PROJECT DEADLINES AN D ASSOCIATED 12
160+DELIVERABLES ; AND 13
165161
166- (d) (1) The Department [of General Services], in consultation with the 13
167-Department OF GENERAL SERVICES, shall [hire a consultant to] assess the procurement 14
168-process for information technology projects involving moderniza tion and make 15
169-recommendations to increase the State’s ability to proceed with a modernization project in 16
170-a rapid and responsive manner. 17
162+ 2. A DESCRIPTION OF ANY CHANGES IN SCOPE , 14
163+TIMELINE, AND COSTS; AND 15
171164
172-3.5–308. 18
165+ [(4)] (V) any change in the monitoring or oversight status. 16
173166
174- (a) This section does not apply to a public institution of higher education. 19
167+ (2) THE REPORT SUBMITTED UNDER THIS SUBSECTIO N SHALL BE: 17
175168
176- (b) Before submitting its information technology project requests, a unit of State 20
177-government shall submit information in support of the request required by the Secretary 21
178-for review and determination consistent with § 3.5–301(k) of this subtitle. 22
169+ (I) WRITTEN, AS PRACTICABLE , IN A MANNER THAT IS CLEAR, 18
170+CONCISE, AND WELL–ORGANIZED AND AVOIDS TECHNICAL JARGON ; 19
179171
180- (c) In reviewing information technology project requests, the Secretary may 23
181-change a unit’s designation of a major information technology development project. 24
172+ (II) STRUCTURED TO INCLUD E AN EXECUTIVE SU MMARY OF KEY 20
173+INFORMATION THAT HIG HLIGHTS ACTION ITEMS AND DECISION POINTS ; AND 21
182174
183- (d) The Secretary shall review and, with the advice of the Secretary of Budget and 25
184-Management, approve major information technol ogy development projects and 26
185-specifications for consistency with all statewide plans, policies, and standards, including a 27
186-systems development life cycle plan. 28
175+ (III) MADE PUBLICLY AVAILA BLE ON THE DEPARTMENT ’S 22
176+WEBSITE. 23
187177
188- (e) (1) [The] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 29
189-Secretary shall be responsible for overseeing the implementation of major information 30
190-technology development projects, regardless of fund source. 31
178+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 24
179+1, 2025. 25
191180
192- (2) AS PART OF THE SECRETARY’S RESPONSIBILITIES U NDER THIS 32
193-SECTION, THE SECRETARY SHALL ENSUR E THAT NO FUNDING IS PROVIDED FOR THE 33 HOUSE BILL 738 5
194-
195-
196-IMPLEMENTATION OF A MAJOR I NFORMATION TECHNOLOG Y DEVELOPMENT 1
197-PROJECT UNLESS : 2
198-
199- (I) THE SECRETARY DETERMINES THAT THE UNIT HAS TH E 3
200-INTERNAL CAPACITY TO ADEQUATELY SUPPORT T HE PROJECT , PROGRAM 4
201-MANAGEMENT , AND RESPONSIBILITY O VER PROGRAM ACTIVITI ES, INCLUDING: 5
202-
203- 1. HUMAN CAPITAL ; 6
204-
205- 2. SUBJECT MATTER EXPER TISE; AND 7
206-
207- 3. TECHNICAL INFRASTRUC TURE; 8
208-
209- (II) WITHIN 30 DAYS OF AWARDING A C ONTRACT, THE 9
210-MANAGING UNIT SENDS TO THE BOARD OF PUBLIC WORKS AND THE LEGISLATIVE 10
211-POLICY COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 11
212-ARTICLE, NOTICE THAT: 12
213-
214- 1. IDENTIFIES THE PROJE CT MANAGEMENT TEAM ; 13
215-
216- 2. AFFIRMS THAT THE DEPARTMENT HAS REVIEW ED 14
217-AND APPROVED THE CON TRACT; AND 15
218-
219- 3. IS SIGNED BY THE HEA D OF THE UNIT 16
220-ACKNOWLEDGING AND AC CEPTING THE ACCOUNTABILITY FOR T HE 17
221-IMPLEMENTATION OF TH E INFORMATION TECHNO LOGY PROJECT OR PROD UCT; AND 18
222-
223- (III) WHILE A UNIT IS MANA GING AN ACTIVE PROJE CT OR 19
224-PRODUCT, THE UNIT AGREES TO R EPORT TO THE DEPARTMENT EVERY 3 MONTHS 20
225-ON THE PROJECT STATU S IN A MANNER REQUES TED BY THE DEPARTMENT . 21
226-
227- (f) (1) With the advice of the Secretary of Budget and Management, 22
228-expenditures for major information technology development projects shall be subject to the 23
229-approval of the Secretary who shall approve expenditures only when those projects are 24
230-consistent with statewide plans, policies, and standards. 25
231-
232- (2) (I) The Secretary shall make a recommendation to the Secretary of 26
233-Budget and Management [that] TO WITHHOLD project funds, regardless of fund source, 27
234-[be withheld] if: 28
235-
236- [(i)] 1. a unit of State government is not consistently reporting on 29
237-the status of a project or projects to the Department in the form and manner required by 30
238-the Department; or 31
239- 6 HOUSE BILL 738
240-
241-
242- [(ii)] 2. the Department determines that project implementation 1
243-issues exist, including project timeline delays, significant cost increases, vendor 2
244-nonperformance, decreased agency capacity, or other issues that indicate issues of concern 3
245-that could jeopardize successful implementation. 4
246-
247- (II) NOTWITHSTANDING ANY O THER PROVISION O F LAW, AND 5
248-EXCEPT AS PROVIDED I N SUBPARAGRAPH (III) OF THIS PARAGRAPH , THE 6
249-SECRETARY OF BUDGET AND MANAGEMENT SHALL WITH HOLD ANY UNEXPENDED 7
250-FUNDS APPROPRIATED I N A FISCAL YEAR FOR A MAJOR INFORMATION TECHNOLOGY 8
251-DEVELOPMENT PROJECT AT THE SECRETARY’S RECOMM ENDATION ISSUED UNDE R 9
252-SUBPARAGRAPH (I) OF THIS PARAGRAPH . 10
253-
254- (III) THE SECRETARY OF BUDGET AND MANAGEMENT MAY 11
255-RELEASE FUNDS WITHHE LD UNDER THIS PARAGR APH AT THE DIRECTION OF THE 12
256-SECRETARY IF THE SECRETARY DETERMINES THAT THE ISSUE LEADI NG TO THE 13
257-INITIAL WITHHOLDING OF FUNDS HAS BEEN ADDRESSED . 14
258-
259- (3) WITHIN 30 DAYS AFTER FUNDING I S WITHHELD IN ACCORD ANCE 15
260-WITH THIS SUBSECTION , THE DEPARTMENT SHALL REPO RT ON THE PURPOSE OF 16
261-THE WITHHOLDING : 17
262-
263- (I) TO THE GOVERNOR; AND 18
264-
265- (II) SUBJECT TO § 2–1257 OF THE STATE GOVERNMENT 19
266-ARTICLE, TO: 20
267-
268- 1. THE SENATE BUDGET AND TAXATION COMMITTEE; 21
269-
270- 2. THE SENATE COMMITTEE ON EDUCATION, ENERGY, 22
271-AND THE ENVIRONMENT ; 23
272-
273- 3. THE HOUSE APPROPRIATIONS COMMITTEE; 24
274-
275- 4. THE HOUSE HEALTH AND GOVERNMENT 25
276-OPERATIONS COMMITTEE; AND 26
277-
278- 5. THE JOINT COMMITTEE ON CYBERSECURITY , 27
279-INFORMATION TECHNOLOGY , AND BIOTECHNOLOGY . 28
280-
281- (4) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH : 29
282-
283- 1. THE SECRETARY MAY RECOMME ND TO THE 30
284-SECRETARY OF BUDGET AND MANAGEMENT THAT FUNDI NG WITHHELD UNDER THIS 31 HOUSE BILL 738 7
285-
286-
287-SECTION BE REALLOCAT ED TO OTHER EXPENSES OF THE INFORMATION 1
288-TECHNOLOGY INVESTMENT FUND UNDER § 3.5–309 OF THIS SUBTITLE; AND 2
289-
290- 2. THE SECRETARY OF BUDGET AND MANAGEMENT 3
291-MAY, AT THEIR DISCRETION , FOLLOW THE SECRETARY’S RECOMMENDATION TO 4
292-REALLOCATE FUNDS. 5
293-
294- (II) IF THE REALLOCATED FU NDS EXCEED $500,000, THE 6
295-SECRETARY, IN CONSULTATION WITH THE SECRETARY OF BUDGET AND 7
296-MANAGEMENT , SHALL SUBMIT A PROPO SAL TO THE LEGISLATIVE POLICY 8
297-COMMITTEE FOR A 60–DAY REVIEW AND COMME NT PERIOD. 9
298-
299- (g) (1) The Secretary shall approve funding for major information technology 10
300-development projects, expedited projects, and other expenditures from the Fund only when: 11
301-
302- (i) the major information technology development projects or the 12
303-expedited projects are in compliance with statewide plans, policies, and standards, as 13
304-determined by the Secretary; and 14
305-
306- (ii) the major information technology development projects are 15
307-supported by an approved systems development life cycle plan. 16
308-
309- (2) An approved systems development life cycle plan shall include 17
310-submission of: 18
311-
312- (i) a project planning request that details initial planning for the 19
313-project, including: 20
314-
315- 1. the project title, appropriation code, and summary; 21
316-
317- 2. a description of: 22
318-
319- A. the business and technology outcomes to be achieved by 23
320-the project; 24
321-
322- B. the features available to the end user on completion, 25
323-including user acceptance testing and accessibility plans; 26
324-
325- C. the potential risks associated with the project; 27
326-
327- D. possible alternatives; and 28
328-
329- E. the scope and complexity of the project; and 29
330-
331- 3. an estimate of: 30
332- 8 HOUSE BILL 738
333-
334-
335- A. the total costs required to complete through planning; and 1
336-
337- B. the fund sources available to support planning costs; and 2
338-
339- (ii) a project implementation request to begin full design, 3
340-development, and implementation of the project after the completion of planning, including: 4
341-
342- 1. the project title, appropriation code, and summary; 5
343-
344- 2. a description of: 6
345-
346- A. the business and technology outcomes to be achieved by 7
347-the project and the metrics by which the success of those outcomes will be measured; 8
348-
349- B. the features available to the end user on completion, 9
350-including user acceptance testing and accessibility plans; 10
351-
352- C. the potential risks associated with the project; 11
353-
354- D. possible alternatives; 12
355-
356- E. the scope and complexity of the project; and 13
357-
358- F. how the project meets the goals of the statewide master 14
359-plan; and 15
360-
361- 3. an estimate of: 16
362-
363- A. the total project cost, by phase; and 17
364-
365- B. the fund sources to be utilized. 18
366-
367- (3) The Secretary may approve funding incrementally, consistent with the 19
368-systems development life cycle plan. 20
369-
370- (h) [The Department, in consultation with the Modernize Maryland Commission 21
371-established under § 3.5–316 of this subtitle,] ON OR BEFORE JULY 1, 2026, THE 22
372-DEPARTMENT shall: 23
373-
374- (1) develop standards for units of State government to assist in identifying 24
375-legacy systems that require modernization projects appropriate to be financed as an 25
376-expedited project through the Fund; 26
377-
378- (2) adopt an Information Technology Investment Maturity Model that 27
379-includes: 28
380-
381- (i) criteria to inform and prioritize investment decisions; 29 HOUSE BILL 738 9
382-
383-
384-
385- (ii) processes to develop the information required to evaluate 1
386-investment proposals against the criteria under item (i) of this item; and 2
387-
388- (iii) management processes to monitor the implementation of 3
389-approved modernization projects; and 4
390-
391- (3) develop a State Modernization Plan. 5
392-
393-3.5–309. 6
394-
395- (a) There is an Information Technology Investment Fund. 7
396-
397- [(n) (1) On or before November 1 of each year, the Secretary shall report to the 8
398-Governor and the Secretary of Budget and Management and, in accordance with § 2–1257 9
399-of the State Government Article, to the Senate Budget and Taxation Committee, the Senate 10
400-Committee on Education, Energy, and the Environment, the House Appropriations 11
401-Committee, the House Health and Government Operations Committee, and the Joint 12
402-Committee on Cybersecurity, Information Technology, and Biotechnology. 13
403-
404- (2) The report shall include: 14
405-
406- (i) the financial status of the Fund and a summary of its operations 15
407-for the preceding fiscal year; 16
408-
409- (ii) an accounting for the preceding fiscal year of all money from each 17
410-of the revenue sources specified in subsection (e) of this section, including any expenditures 18
411-made from the Fund; and 19
412-
413- (iii) for each project receiving money from the Fund in the preceding 20
414-fiscal year and for each major information technology development project or expedited 21
415-project receiving funding from any source other than the Fund in the preceding fiscal year: 22
416-
417- 1. the status of the project and project funding decisions; 23
418-
419- 2. a comparison of estimated and actual costs of the project; 24
420-
421- 3. any known or anticipated changes in scope or costs of the 25
422-project; 26
423-
424- 4. an evaluation of whether the project is using best 27
425-practices; and 28
426-
427- 5. a summary of any monitoring and oversight of the project 29
428-from outside the agency in which the project is being developed, including a description of 30
429-any problems identified by any external review and any corrective actions taken.] 31
430- 10 HOUSE BILL 738
431-
432-
433- [(o)] (N) (1) On or before January 15 of each year, for each major information 1
434-technology development project or expedited project currently in development or for which 2
435-operations and maintenance funding is being provided in accordance with subsection (i)(3) 3
436-of this section, subject to § 2–1257 of the State Government Article, the Secretary shall 4
437-provide a summary report to the Department of Legislative Services with the most 5
438-up–to–date project information including: 6
439-
440- [(1)] (I) project funding decisions and project status, INCLUDING: 7
441-
442- 1. ESTIMATED PROJECT OR PRODUCT COSTS ; 8
443-
444- 2. FUNDING SOURCES ; 9
445-
446- 3. ONGOING OPERATING CO STS AFTER THE PROJEC T IS 10
447-NO LONGER A MAJOR DE VELOPMENT PROJECT OR EXPEDITED PROJ ECT, 11
448-INCLUDING: 12
449-
450- A. COSTS ASSOCIATED WIT H PROCURING AND 13
451-MAINTAINING LICENSES ; AND 14
452-
453- B. SUPPORT TO CONTINUOU SLY MAINTAIN AND 15
454-IMPROVE THE PROJECT OR PRODUCT ; 16
455-
456- [(2)] (II) any schedule, cost, and scope changes since the last annual 17
457-report; 18
458-
459- [(3)] (III) a risk assessment [including any problems identified by any 19
460-internal or external review and any corrective actions taken; and] PROVIDED BY EITHER 20
461-THE DEPARTMENT OR THE DES IGNATED UNIT OF STATE GOVERNMENT THAT 21
462-DETAILS THE IDENTIFI ED PROJECT OR PRODUC T RISK, INCLUDING: 22
463-
464- 1. A DESCRIPTION OF THE TYPE OF RISK, INCLUDING: 23
465-
466- A. GOVERNANCE ; 24
467-
468- B. RESOURCE AVAILABILIT Y OR CAPABILITY; 25
469-
470- C. FUNDING; 26
471-
472- D. INTERDEPENDENCIES WI TH OTHER SYSTEMS ; 27
473-
474- E. TECHNICAL ISSUES ; 28
475-
476- F. ORGANIZATIONAL CULTU RE; OR 29
477- HOUSE BILL 738 11
478-
479-
480- G. ABILITY TO SUPPORT I N THE LONG TERM ; AND 1
481-
482- 2. THE RISK LIKELIHOOD ; 2
483-
484- 3. THE RISK PRIORITY ; 3
485-
486- 4. THE RISK OWNER ; 4
487-
488- 5. PLANNED RISK MITIGAT ION STRATEGY; AND 5
489-
490- 6. THE RISK STATUS AS O F THE REPORT DATE ; 6
491-
492- (IV) PROJECT TRACKING METRICS, INCLUDING: 7
493-
494- 1. DESCRIBING THE FUNCT IONALITY AND FEATURE S 8
495-THAT HAVE BEEN DELIV ERED AS OF THE REPOR T DATE; AND 9
496-
497- 2. QUALITATIVE AND QUAN TITATIVE DATA SHOWIN G 10
498-PROGRESS TOWARDS PRO JECT GOALS; AND 11
499-
500- [(4)] (V) any change in the monitoring or oversight status. 12
501-
502- (2) THE REPORT SUBMITTED UNDER THIS SUBSECTIO N: 13
503-
504- (I) IS CONFIDENTIAL AND NOT SUBJECT TO DISCL OSURE 14
505-UNDER TITLE 4 OF THE GENERAL PROVISIONS ARTICLE; 15
506-
507- (II) SHALL COMMUNICATE TH E REQUISITE INFORMAT ION IN A 16
508-CLEAR AND CONCISE MA NNER THAT, TO THE GREATEST EXTE NT POSSIBLE, AVOIDS 17
509-THE USE OF TECHNICAL LANGUAGE OR RELIANCE ON EXISTING INDUSTRY 18
510-KNOWLEDGE ; AND 19
511-
512- (III) SHALL INCLUDE AN EXE CUTIVE SUMMARY OF KE Y 20
513-INFORMATION , INCLUDING: 21
514-
515- 1. THE TOTAL VALUE OF T HE PORTFOLIO , INCLUDING: 22
516-
517- A. ANNUAL DEVELOPMENT C OSTS; 23
518-
519- B. FUNDING SOURCES ; AND 24
520-
521- C. PROJECTED ONGOING OP ERATING COSTS OVER T HE 25
522-NEXT 5 YEARS; AND 26
523-
524- 2. A SUMMARY OF NEW PRO JECTS INCLUDING : 27 12 HOUSE BILL 738
525-
526-
527-
528- A. THE ADVANTAGES OF TH E NEW PROJECTS ; AND 1
529-
530- B. ANY NEW OR INNOVATIV E ASPECTS OF DEVELOPMENT 2
531-PROCESSES. 3
532-
533- (O) (1) THE DEPARTMENT SHALL PUBL ISH AND MAINTAIN A P UBLICLY 4
534-AVAILABLE PROJECT AN D PORTFOLIO DASHBOAR D ON THE DEPARTMENT ’S 5
535-WEBSITE. 6
536-
537- (2) THE DASHBOARD SHALL I NCLUDE ALL MAJOR INF ORMATION 7
538-TECHNOLOGY DEVELOPME NT PROJECTS AND EXP EDITED PROJECTS , ORGANIZED 8
539-BY THE ACCOUNTABLE U NIT OF STATE GOVERNMENT . 9
540-
541- (3) FOR EACH PROJECT , THE DASHBOARD SHALL : 10
542-
543- (I) SPECIFY THE SCHEDULE MANAGEMENT FOR THE P ROJECT, 11
544-INCLUDING: 12
545-
546- 1. THE PROJECT START DA TE; 13
547-
548- 2. ESTIMATED LENGTH OF THE PROJEC T, BY PHASE; 14
549-
550- 3. PLANNED MILESTONES W ITH ESTIMATED 15
551-COMPLETION DATES ; AND 16
552-
553- 4. COMPLETED MILESTONES WITH COMPLETION DATE S; 17
554-
555- (II) LIST THE ESTIMATED P ROJECT COST; 18
556-
557- (III) LIST THE TOTAL AMOUN T APPROPRIATED FOR T HE 19
558-CURRENT FISCAL YEAR ; 20
559-
560- (IV) LIST THE TOTAL AMOUN T SPENT DURING THE P RIOR FISCAL 21
561-YEAR, CATEGORIZED BY : 22
562-
563- 1. VENDOR COSTS ; 23
564-
565- 2. AGENCY LABOR ; 24
566-
567- 3. SOFTWARE LICENSES , SUBSCRIPTIONS , AND OTHER 25
568-COSTS; 26
569-
570- 4. OTHER EXPENSES ; AND 27
571- HOUSE BILL 738 13
572-
573-
574- 5. TOTAL EXPENDITURES ; 1
575-
576- (V) FOR PROJECTS IN DEVELOPMENT : 2
577-
578- 1. THE PRIOR FISCAL YEA R FORECAST ACCOMPANI ED 3
579-BY ACTUAL DATA AND T HE RESULTING VARIANC E; AND 4
580-
581- 2. THE CURRENT YEAR FOR ECAST; AND 5
582-
583- (VI) SUBJECT TO SUBSECTIO N (P) OF THIS SECTION , IDENTIFY 6
584-MAJOR PROJECT OR PRO DUCT RISKS, INCLUDING: 7
585-
586- 1. RISK DESCRIPTION ; 8
587-
588- 2. RISK IMPACT; 9
589-
590- 3. RISK LIKELIHOOD ; 10
591-
592- 4. MITIGATION STRATEGY ; AND 11
593-
594- 5. RISK STATUS. 12
595-
596- (P) (1) THE DEPARTMENT MAY REDACT SPECIFIC RISKS IDENT IFIED 13
597-UNDER SUBSECTION (O)(3)(VI) OF THIS SECTION FROM THE PUBLIC DASHBOARD IF 14
598-THE DEPARTMENT DETERMINES THAT PUBLIC SHARING OF THE INFORMATION 15
599-COULD POSE A RISK TO THE PROJECT. 16
600-
601- (2) IF A RISK IS REDACTED FROM THE DASHBOARD , THE 17
602-INFORMATION SHALL BE SHARED WITH THE LEGISLATIVE POLICY COMMITTEE. 18
603-
604- (3) A RISK REDACTED F ROM THE DASHBOARD IS CONFIDENTIAL AND 19
605-NOT SUBJECT TO DISCL OSURE UNDER TITLE 4 OF THE GENERAL PROVISIONS 20
606-ARTICLE. 21
607-
608- [(p)] (Q) (1) The Secretary may adopt regulations necessary to carry out this 22
609-section. 23
610-
611- (2) The Secretary shall adopt regulations necessary to establish a process 24
612-for units of State government to request and receive funding for an expedited project 25
613-aligned with the State Modernization Plan that shall: 26
614-
615- (i) allow units of State government to apply for project funding 27
616-biannually; 28
617- 14 HOUSE BILL 738
618-
619-
620- (ii) be consistent with the goals and preferences established under 1
621-Title 14 of this article and encourage small and minority business enterprise vendors; and 2
622-
623- (iii) provide measures that ensure compliance with this subtitle and 3
624-the Department’s regulations by both vendors and units of State government. 4
625-
626- (R) THE CHIEF INFORMATION OFFICER FOR A UNIT OF STATE 5
627-GOVERNMENT WITH A PL ANNED OR ONGOING MAJ OR INFORMATION TECHN OLOGY 6
628-DEVELOPMENT PROJECT SHALL MEET WITH THE SECRETARY ON A QUARTE RLY 7
629-BASIS TO REPORT ON A ND DISCUSS THE ONGOING I NFORMATION TECHNOLOG Y 8
630-DEVELOPMENT PROJECTS , INCLUDING: 9
631-
632- (1) PROJECT BUDGET ; 10
633-
634- (2) PROJECT VENDOR PERFO RMANCE OR NONPERFORM ANCE; 11
635-
636- (3) PROJECT SCOPE ; 12
637-
638- (4) PROJECT SCHEDULE ; 13
639-
640- (5) THE CAPACITY OF THE UNIT TO IMPLEMENT TH E PROJECT; AND 14
641-
642- (6) ANY OTHER ITEMS THE SECRETARY DEEMS RELEV ANT TO THE 15
643-SUCCESSFUL IMPLEMENT ATION OF THE PROJECT . 16
644-
645-SUBTITLE 9. MARYLAND OFFICE OF DIGITAL EXPERIENCE. 17
646-
647-3.5–901. 18
648-
649- (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 19
650-INDICATED. 20
651-
652- (B) “DIVISION” MEANS THE MAJOR INFORMATION TECHNOLOGY 21
653-DEVELOPMENT PROJECT OVERSIGHT DIVISION. 22
654-
655- (C) “OFFICE” MEANS THE MARYLAND OFFICE OF DIGITAL EXPERIENCE. 23
656-
657- (D) “SERVICE” MEANS THE MARYLAND DIGITAL SERVICE UNIT. 24
658-
659-3.5–902. 25
660-
661- (A) THERE IS A MARYLAND OFFICE OF DIGITAL EXPERIENCE. 26
662-
663- (B) THE PURPOSE OF THE OFFICE IS TO: 27
664- HOUSE BILL 738 15
665-
666-
667- (1) PROVIDE OVERSIGHT , LEADERSHIP, INTERVENTION , AND 1
668-STRATEGIC MODERNIZAT ION FOR MAJOR INFORM ATION TECHNOLOGY 2
669-DEVELOPMENT PROJECTS , INCLUDING LARGE –SCALE, HIGH IMPACT , 3
670-MULTI–AGENCY PROJECTS , IN A TRANSPARENT MANNER T HAT ENSURES A POSITI VE 4
671-RETURN ON INVESTMENT ; AND 5
672-
673- (2) DIRECT THE DEVELOPME NT OF MODERNIZED SYS TEMS IN A 6
674-MANNER THAT : 7
675-
676- (I) WHEN APPROPRIATE , PRIORITIZES A PRODUC T–BASED 8
677-APPROACH TO THE DEVE LOPMENT OF MODERNIZE D SYSTEMS OVER A 9
678-PROJECT–BASED APPROACH ; 10
679-
680- (II) IS COST–EFFECTIVE; 11
681-
682- (III) LOWERS RISKS; 12
683-
684- (IV) DELIVERS VALUE FASTE R; AND 13
685-
686- (V) OTHERWISE IMPROVES T HE DELIVERY OF SERVI CES FOR 14
687-RESIDENTS OF THE STATE. 15
688-
689-3.5–903. 16
690-
691- THE SECRETARY SHALL APPOI NT A CHIEF DIGITAL EXPERIENCE OFFICER TO 17
692-SERVE AS THE HEAD OF THE OFFICE. 18
693-
694-3.5–904. 19
695-
696- (A) (1) THE OFFICE MAY EMPLOY OR RETAIN REGULAR OR 20
697-CONTRACTUAL EMPLOYEE S AT THE DISCRETION OF THE CHIEF DIGITAL SERVICES 21
698-OFFICER AND CHIEF OF THE DIVISION AS NECESSARY TO MEET THE 22
699-REQUIREMENTS OF THE OFFICE. 23
700-
701- (2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 24
702-CHIEF DIGITAL SERVICES OFFICER AND CHIEF OF THE DIVISION MAY SET THE 25
703-COMPENSATION FOR OFFICE EMPLOYEES . 26
704-
705- (II) THE SECRETARY OF BUDGET AND MANAGEMENT SHALL 27
706-APPROVE ANY COMPENSA TION PROPOSED UNDER THIS SU BSECTION. 28
707-
708- (B) THE OFFICE MAY USE A SHOR T–TERM CONTRACT OR CON TRACTUAL 29
709-HIRING TO SUPPORT HU MAN RESOURCE NEEDS T O SUPPORT THE RAPID HIRING OF 30
710-OFFICE EMPLOYEES AND CONTRACTORS . 31 16 HOUSE BILL 738
711-
712-
713-
714- (C) TO MEET THE REQUIREME NTS OF THIS SUBTITLE , THE OFFICE MAY 1
715-REQUIRE A UNIT TO PR OVIDE REIMBURSEMENT FOR SERVICES PROVIDE D BY THE 2
716-OFFICE FROM FUNDS PRO VIDED TO THE UNIT FR OM THE INFORMATION 3
717-TECHNOLOGY INVESTMENT FUND OR OTHER FUNDS A LLOCATED TO THE UNIT FOR 4
718-AN INFORMATION TECHN OLOGY PROJECT OR PRO DUCT. 5
719-
720-3.5–905. 6
721-
722- (A) THERE IS A MARYLAND DIGITAL SERVICE UNIT IN THE OFFICE. 7
723-
724- (B) THE SERVICE SHALL COLLABO RATE WITH UNITS OF STATE 8
725-GOVERNMENT TO SUPPOR T IMPROVED SERVICE D ELIVERY TO STATE RESIDENTS 9
726-AND AGENCY STAFF TO IMPLEMENT: 10
727-
728- (1) USER–CENTERED DESIGN ; 11
729-
730- (2) SOFTWARE DEVELOPMENT ; AND 12
731-
732- (3) PROJECT MANAGEMENT B EST PRACTICES. 13
733-
734- (C) THE SERVICE IS RESPONSIBL E FOR: 14
735-
736- (1) ASSISTING UNITS OF STATE GOVERNMENT TO P RIORITIZE THE 15
737-DEVELOPMENT AND PROC UREMENT OF USER –FRIENDLY, ACCESSIBLE, AND 16
738-MULTILINGUAL DIGITAL PLATFORMS TO ENSURE THAT ALL STATE RESIDENTS , 17
739-INCLUDING THOSE WITH DISABILITIES, CAN EASILY ACCESS AN D USE GOVERNMENT 18
740-SERVICES AND INFORMA TION; 19
741-
742- (2) WORKING COLLABORATIV ELY WITH UNITS OF STATE 20
743-GOVERNMENT TO : 21
744-
745- (I) CONSOLIDATE AND STRE AMLINE STATE WEBSITES AND 22
746-DIGITAL APPLICATIONS TO REDUCE REDUNDANCY , COMPLEXITY, AND 23
747-MAINTENANCE COSTS ; AND 24
748-
749- (II) PRIORITIZE PROJECTS THAT ARE FINANCIALLY EFFICIENT 25
750-AND DRIVE POSITIVE O UTCOMES FOR STATE RESIDENTS ; AND 26
751-
752- (3) OVERSEEING THE IMPLE MENTATION OF USER –CENTERED DESIGN 27
753-PRINCIPLES, ACCESSIBILITY STANDA RDS, AND BEST PRACTICES A CROSS UNITS OF 28
754-STATE GOVERNMENT . 29
755- HOUSE BILL 738 17
756-
757-
758- (D) UNITS OF STATE GOVERNMENT SHAL L COLLABORATE WITH T HE 1
759-SERVICE TO ENSURE THA T THE ALIGNMENT AND FUNDING OF A DIGITAL INITIATIVE 2
760-IS CONSISTENT WITH : 3
761-
762- (1) THE OVERALL GOALS AND PR IORITIES OF THE STATE; AND 4
763-
764- (2) THE STATEWIDE INFORMATION TECHNOLOGY MASTER PLAN. 5
765-
766-3.5–906. 6
767-
768- (A) THERE IS MAJOR INFORMATION TECHNOLOGY DEVELOPMENT 7
769-PROJECT OVERSIGHT DIVISION IN THE OFFICE. 8
770-
771- (B) THE DIVISION, IN CONSULTATION WITH THE DEPARTMENT , SHALL: 9
772-
773- (1) ADOPT NEW STANDARDS BY WHICH MAJOR INFOR MATION 10
774-TECHNOLOGY DEVELOPME NT PROJECTS AND EXPE DITED PROJECTS ARE R EQUIRED 11
775-TO COMPLY, IN ALIGNMENT WITH TH E STATE SYSTEM DEVELOPMENT LIFE CYCLE; 12
776-
777- (2) MONITOR THE PERFORMA NCE OF PROJECT MA NAGEMENT TEAMS 13
778-FOR MAJOR INFORMATIO N TECHNOLOGY DEVELOP MENT PROJECTS AND 14
779-EXPEDITED PROJECTS A ND ENSURE THE TEAMS HAVE THE APPROPRIATE TALENT 15
780-AND EXPERTISE NECESS ARY TO DELIVER THE I NTENDED PROJECT VALU E; AND 16
781-
782- (3) PROVIDE EXPERTISE , SUPPORT, AND INTERVENT ION AS 17
783-NECESSARY FOR THE PR OJECT MANAGEMENT TEA M TO SUCCESSFULLY IM PLEMENT 18
784-A PROJECT IN A MANNE R CONSISTENT WITH ST ANDARDS ADOPTED UNDE R ITEM (1) 19
785-OF THIS SUBSECTION . 20
786-
787- (C) THE DIVISION SHALL ESTABL ISH AND STAFF A DISCOVERY TEAM TO 21
788-DEPLOY TEAM MEMBERS TO HELP UNITS OF STATE GOVERNMENT ASSI ST THE UNIT 22
789-IN IDENTIFYING: 23
790-
791- (1) WHAT PROBLEM THE USE OF AN INFORMATION TE CHNOLOGY 24
792-PROJECT OR PRODUCT I S SOLVING; 25
793-
794- (2) WHO THE USERS OF THE PROJECT OR PRODUCT W ILL BE; 26
795-
796- (3) WHAT A SUCCESSFUL SO LUTION WOULD LOOK LI KE; AND 27
797-
798- (4) OTHER ISSUES TO ENSU RE SUCCESSFUL IMPLEM ENTATION OF 28
799-THE PROJECT OR PRODU CT. 29
800- 18 HOUSE BILL 738
801-
802-
803- (D) NOTWITHSTANDING ANY O THER PROVISION OF LA W, THE SECRETARY 1
804-MAY DELEGATE ANY MAJ OR INFORMATION TECHN OLOGY DEVELOPMENT PR OJECT 2
805-TO THE DIVISION THAT THE SECRETARY DETERMINES IS APPROP RIATE TO SERVE 3
806-AS A PILOT PROJECT F OR THE DIVISION TO PROVIDE T HE SERVICES DESCRIBE D IN 4
807-THIS SECTION. 5
808-
809-3.5–907. 6
810-
811- BEGINNING DECEMBER 31, 2025, AND EACH JULY 1 AND DECEMBER 31 7
812-THEREAFTER , THE DEPARTMENT OF GENERAL SERVICES, IN CONSULTATI ON WITH 8
813-THE DEPARTMENT , SHALL REPORT TO THE SENATE BUDGET AND TAXATION 9
814-COMMITTEE AND THE HOUSE HEALTH AND GOVERNMENT OPERATIONS 10
815-COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 11
816-ARTICLE, ON ANY PROJECTS OVER $1,000,000 UNDERTAKEN BY A UNIT OF STATE 12
817-GOVERNMENT UNDER A M ASTER CONTRACT FOR STATEWIDE AGILE RESOURCES 13
818-AND TEAMS CONTRACT OR WOR K ORDER APPROVED BY THE BOARD OF PUBLIC 14
819-WORKS IN FISCAL YEAR 2025, INCLUDING: 15
820-
821- (1) THE CONTRACT OR WORK ORDER AMOUNT AND TOT AL ESTIMATED 16
822-PROJECT COST ; 17
823-
824- (2) WHETHER THE SECRETARY OF GENERAL SERVICES AND THE 18
825-SECRETARY HAVE DETERM INED THAT THE UNIT H AS THE INTERNAL CAPA CITY TO 19
826-ADEQUATELY SUPPORT T HE PROJECT AND PROGR AM MANAGEMENT 20
827-RESPONSIBILITIES , INCLUDING ADEQUATE : 21
828-
829- (I) HUMAN CAPITAL ; 22
830-
831- (II) SUBJECT MATTE R EXPERTISE; AND 23
832-
833- (III) TECHNICAL INFRASTRUC TURE; 24
834-
835- (3) WHETHER THE HEAD OF THE UNIT ACCEPTED AC COUNTABILITY 25
836-FOR THE OVERSIGHT AN D IMPLEMENTATION OF THE PROJECT; 26
837-
838- (4) THE MEMBERS OF THE P ROJECT MANAGEMENT TE AM; AND 27
839-
840- (5) AFFIRMATIVE AGREEMEN TS THAT, AS PART OF THE CONTR ACT OR 28
841-WORK ORDER APPROVAL , THE UNIT OF STATE GOVERNMENT SUBM ITS A REPORT 29
842-REGARDING PROJECT ST ATUS TO THE DEPARTMENT EVERY 3 MONTHS. 30
843-
844-Article – State Government 31
845-
846-2–411. 32 HOUSE BILL 738 19
847-
848-
849-
850- (A) IN THIS SECTION, “BOARD” MEANS THE INFORMATION TECHNOLOGY 1
851-ADVISORY BOARD. 2
852-
853- (B) THERE IS AN INFORMATION TECHNOLOGY ADVISORY BOARD TO 3
854-ADVISE THE LEGISLATIVE POLICY COMMITTEE. 4
855-
856- (C) (1) THE BOARD CONSISTS OF EIG HT MEMBERS OF THE PU BLIC WITH 5
857-EXPERTISE IN: 6
858-
859- (I) ENTERPRISE INFORMAT ION TECHNOLOGY MANAG EMENT 7
860-EXPERIENCE; AND 8
861-
862- (II) SPECIFIC TECHNOLOGY EXPERIENCE, INCLUDING 9
863-EXPERIENCE WITH ARTI FICIAL INTELLIGENCE AND CYBERSECURITY . 10
864-
865- (2) (I) THE PRESIDENT OF THE SENATE SHALL APPOINT FOUR OF 11
866-THE BOARD MEMBERS . 12
867-
868- (II) THE SPEAKER OF THE HOUSE SHALL APPOINT F OUR OF 13
869-THE BOARD MEMBERS . 14
870-
871- (3) THE PRESIDENT AND THE SPEAKER SHALL JOINTLY DESIGNATE 15
872-A MEMBER TO SERVE AS CHAIR OF THE BOARD. 16
873-
874- (D) A MEMBER OF THE BOARD: 17
875-
876- (1) (I) MAY NOT RECEIVE COMP ENSATION AS A MEMBER OF THE 18
877-BOARD; BUT 19
878-
879- (II) IS ENTITLED TO REIMB URSEMENT FOR EXPENSE S UNDER 20
880-THE STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE 21
881-BUDGET; 22
882-
883- (2) IS SUBJECT TO THE PUBLIC ETHICS LAW; AND 23
884-
885- (3) SHALL DISCLOSE TO TH E STATE ETHICS COMMISSION IF THE 24
886-MEMBER: 25
887-
888- (I) IS EMPLOYED BY AN ENTIT Y THAT CURRENTLY DOE S 26
889-BUSINESS WITH THE STATE THAT IS RELATED TO THE MATTERS BEFOR E THE 27
890-BOARD; OR 28
891- 20 HOUSE BILL 738
892-
893-
894- (II) HAS A FINANCIAL INTE REST IN AN ENTITY TH AT CURRENTLY 1
895-DOES BUSINESS WITH T HE STATE THAT IS RELATED TO THE MATTERS BEFOR E THE 2
896-BOARD. 3
897-
898- (E) THE BOARD SHALL BE STAFFE D BY THE DEPARTMENT OF LEGISLATIVE 4
899-SERVICES. 5
900-
901- (F) THE BOARD SHALL: 6
902-
903- (1) SERVE AS AN EXPERT A DVISORY ENTITY TO TH E GENERAL 7
904-ASSEMBLY; AND 8
905-
906- (2) REVIEW ANY STATE REPORTS OR OTHE R AVAILABLE 9
907-INFORMATION REGARDIN G EXISTING MA JOR INFORMATION TECH NOLOGY 10
908-DEVELOPMENT PROJECTS , INCLUDING: 11
909-
910- (I) PROJECT MANAGEMENT A ND OVERSIGHT REPORTS 12
911-PROVIDED CONFIDENTIA LLY TO THE DEPARTMENT OF LEGISLATIVE SERVICES; 13
912-
913- (II) ANY CONFIDENTIAL INF ORMATION REGARDING P ROJECT 14
914-RISKS SUBMITTED TO T HE LEGISLATIVE POLICY COMMITTEE; 15
915-
916- (III) THE STATE MODERNIZATION P LAN; 16
917-
918- (IV) LEGACY SYSTEM STANDA RDS, INVENTORY, AND FUNDING 17
919-PROJECTIONS ; 18
920-
921- (V) STATE USE OF THE INFO RMATION TECHNOLOGY 19
922-INVESTMENT MATURITY MODEL; 20
923-
924- (VI) THE STATE CENTRALIZATION STRATEGIES FOR : 21
925-
926- 1. INFORMATION TECHNOLO GY MANAGEMENT ; AND 22
927-
928- 2. CYBERSECURITY ; AND 23
929-
930- (VII) THE STATE ARTIFICIAL INTE LLIGENCE ROADMAP 24
931-DEVELOPED BY THE GOVERNOR’S ARTIFICIAL INTELLI GENCE SUBCABINET . 25
932-
933- (G) ON OR BEFORE DECEMBER 15 EACH YEAR, THE BOARD SHALL SUBMIT 26
934-TO THE LEGISLATIVE POLICY COMMITTEE AND THE JOINT COMMITTEE ON 27
935-CYBERSECURITY , INFORMATION TECHNOLOGY , AND BIOTECHNOLOGY , IN 28
936-ACCORDANCE WITH § 2–1257 OF THIS TITLE, A REPORT THAT : 29
937- HOUSE BILL 738 21
938-
939-
940- (1) INTERPRETS AND SUMMA RIZES THE REPORTS AN D OTHER 1
941-INFORMATION REVIEWED UN DER SUBSECTION (F)(2) OF THIS SECTION; 2
942-
943- (2) PROVIDES ADVICE TO T HE STATE BASED ON THE RE PORTS AND 3
944-OTHER INFORMATION RE VIEWED; AND 4
945-
946- (3) COMMUNICATES THE REQ UISITE INFORMATION I N A CLEAR AND 5
947-CONCISE MANNER THAT , TO THE GREATEST EXTE NT POSSIBLE, AVOIDS THE USE OF 6
948-TECHNICAL LANGUAGE O R RELIANCE ON EXISTI NG INDUSTRY KNOWLEDG E. 7
949-
950-Chapter 497 of the Acts of 2024 8
951-
952- [SECTION 4. AND BE IT FURTHER ENACTED, That, on or before December 1, 9
953-2024, the Joint Audit and Evaluation Committee, in consultation with the Joint Committee 10
954-on Cybersecurity, Information Technology, and Biotechnology, shall study and make 11
955-recommendations for any statutory and operational changes necessary to address the 12
956-findings of the audit issued on April 2, 2024, by the Office of Legislative Audits in the 13
957-Department of Legislative Services and shall report on any recommendations for statutory 14
958-changes to the Governor and, in accordance with § 2–1257 of the State Government Article, 15
959-the General Assembly, including the Senate Budget and Taxation Committee, the Senate 16
960-Committee on Education, Energy, and the Environment, the House Appropriations 17
961-Committee, and the House Health and Government Operations Committee.] 18
962-
963-3.5–309. 19
964-
965- (a) There is an Information Technology Investment Fund. 20
966-
967- (n) (1) On or before [November] OCTOBER 1 of each year, the Secretary shall 21
968-report to the Governor and the Secretary of Budget and Management and, in accordance 22
969-with § 2–1257 of the State Government Article, to the Senate Budget and Taxation 23
970-Committee, the Senate Committee on Education, Energy, and the Environment, the House 24
971-Appropriations Committee, the House Health and Government Operations Committee, and 25
972-the Joint Committee on Cybersecurity, Information Technology, and Biotechnology. 26
973-
974- (2) The report shall include: 27
975-
976- (i) the financial status of the Fund and a summary of its operations 28
977-for the preceding fiscal year; 29
978-
979- (ii) an accounting for the preceding fiscal year of all money from each 30
980-of the revenue sources specified in subsection (e) of this section, including any expenditures 31
981-made from the Fund; and 32
982-
983- (iii) for each project receiving money from the Fund in the preceding 33
984-fiscal year and for each major information technology development project or expedited 34
985-project receiving funding from any source other than the Fund in the preceding fiscal year: 35 22 HOUSE BILL 738
986-
987-
988-
989- 1. A BRIEF DESCRIPTION OF THE PROJECT , INCLUDING 1
990-MAJOR CUSTOMERS AND INTERDEPENDENCIES WI TH OTHER SYSTEMS ; 2
991-
992- 2. AN ANALYSIS OF HOW T HE PROJECT GOALS PRO VIDE 3
993-AN ADVANTAGE OVER CU RRENT AGENCY OPERATIONS, INCLUDING A DESCRIPT ION 4
994-OF KEY PROJECT GOALS , CRITICAL SUCCESS FAC TORS, HOW THE PROJECT 5
995-SUPPORTS THE BUSINES S PROCESS, AND WHETHER THE SUCC ESSFUL PROJECT 6
996-WILL PROVIDE A BASIS FOR A FUTURE PROJECT AT THE SAME OR ANY O THER UNIT 7
997-OF STATE GOVERNMEN T; 8
998-
999- 3. A DESCRIPTION OF TEC HNOLOGIES EMPLOYED I N 9
1000-THE PROJECT; 10
1001-
1002- 4. AN ASSESSMENT OF THE VENDOR POOL OF LIKEL Y 11
1003-BIDDERS OR OFFERORS ; 12
1004-
1005- 5. A DESCRIPTION OF THE PROCESS USED TO DEVE LOP 13
1006-THE PROJECT; 14
1007-
1008- 6. AN OVERVIEW OF THE P ROJECT SCHEDULE , 15
1009-INCLUDING ANY INTERMEDI ATE PROJECT DEADLINE S; 16
1010-
1011- [1.] 7. the status of the project and project funding 17
1012-decisions; 18
1013-
1014- [2.] 8. a comparison of estimated and actual costs of the 19
1015-project; 20
1016-
1017- [3.] 9. any known or anticipated changes in scope or costs 21
1018-of the project; 22
1019-
1020- 10. A DESCRIPTION OF ANY ONGOING OPERATING 23
1021-EXPENSES AS A RESULT OF THE PROJECT AND A TIMELINE OF WHEN THO SE COSTS 24
1022-WILL BE INCURRED ; 25
1023-
1024- [4.] 11. an evaluation of whether the project is using best 26
1025-practices; and 27
1026-
1027- [5.] 12. a summary of any monitoring and oversight of the 28
1028-project from outside the agency in which the project is being developed, including a 29
1029-description of any problems identified by any external review and any corrective actions 30
1030-taken. 31
1031-
1032- (3) THE REPORT SUBMITTED UNDER THIS SUBSECTION SHAL L BE: 32 HOUSE BILL 738 23
1033-
1034-
1035-
1036- (I) WRITTEN, AS PRACTICABLE , IN A MANNER THAT IS CLEAR, 1
1037-CONCISE, AND WELL–ORGANIZED AND AVOIDS TECHNICAL JARGON ; 2
1038-
1039- (II) STRUCTURED TO INCLUD E AN EXECUTIVE SUMMA RY OF KEY 3
1040-INFORMATION THAT HIG HLIGHTS ACTION ITEMS AND DECISION POINTS; AND 4
1041-
1042- (III) MADE PUBLICLY AVAILA BLE ON THE DEPARTMENT ’S 5
1043-WEBSITE. 6
1044-
1045- (o) (1) On or before January 15 of each year, for each major information 7
1046-technology development project or expedited project currently in development or for which 8
1047-operations and maintenance funding is being provided in accordance with subsection (i)(3) 9
1048-of this section, subject to § 2–1257 of the State Government Article, the Secretary shall 10
1049-provide a summary report to the Department of Legislative Services with the most 11
1050-up–to–date project information including: 12
1051-
1052- [(1)] (I) project funding decisions and project status, INCLUDING: 13
1053-
1054- 1. ANNUAL DEVELOPMENT C OSTS; 14
1055-
1056- 2. FUNDING SOURCES ; AND 15
1057-
1058- 3. ONGOING OPERATING CO STS, INCLUDING LICENSES 16
1059-AND SUPPORT TO MAINT AIN AND UPDATE THE SYSTEM; 17
1060-
1061- [(2)] (II) any schedule, cost, and scope changes since the [last annual] 18
1062-report REQUIRED UNDER SUBSE CTION (N) OF THIS SECTION WAS SUBMITTED; 19
1063-
1064- [(3)] (III) a risk assessment THAT GIVES A DETAILE D DESCRIPTION OF 20
1065-THE RISK IDENTIFIED , including: 21
1066-
1067- 1. TYPE OF RISK IDENTIF IED, INCLUDING AGENCY 22
1068-GOVERNANCE , STAFF RESOURCE AVAIL ABILITY OR TRAINING , FUNDING, 23
1069-INTERDEPENDENCIES WI TH OTHER SYSTEMS , TECHNICAL ISSUES , 24
1070-ORGANIZATIONAL CULTU RE, OR LONG–TERM SUPPORTABILITY ; AND 25
1071-
1072- 2. any problems identified by any internal or external review 26
1073-and any corrective actions taken; [and] 27
1074-
1075- (IV) PROJECT TRACKING MET RICS, INCLUDING: 28
1076-
1077- 1. PROJECT DEADLINES AN D ASSOCIATED 29
1078-DELIVERABLES ; AND 30
1079- 24 HOUSE BILL 738
1080-
1081-
1082- 2. A DESCRIPTION OF ANY CHANGES IN SCOPE , 1
1083-TIMELINE, AND COSTS; AND 2
1084-
1085- [(4)] (V) any change in the monitoring or oversight status. 3
1086-
1087- (2) THE REPORT SUBMITTED UNDER THIS SUBSECTIO N SHALL BE: 4
1088-
1089- (I) WRITTEN, AS PRACTICABLE , IN A MANNER THAT IS CLEAR, 5
1090-CONCISE, AND WELL–ORGANIZED AND AVOIDS TECHNICAL JARGON ; 6
1091-
1092- (II) STRUCTURED TO INCLUDE AN EXECUTIVE SUMMARY OF KEY 7
1093-INFORMATION THAT HIG HLIGHTS ACTION ITEMS AND DECISION POINTS ; AND 8
1094-
1095- (III) MADE PUBLICLY AVAILA BLE ON THE DEPARTMENT ’S 9
1096-WEBSITE. 10
1097-
1098- SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 3.5 –316 of Article 11
1099-– State Finance and Procurement of the Annotated Code of Maryland be repealed. 12
1100-
1101- SECTION 3. AND BE IT FURTHER ENACTED, That, notwithstanding any other 13
1102-provision of law, on or before June 30, 2026, the Secretary of Budget and Management, 14
1103-with the approval of the Governor, to meet the requirements of this Act, may transfer by 15
1104-budget amendment to the Maryland Office of Digital Experience, as enacted by Section 1 16
1105-of this Act, the following appropriations included in the fiscal year 2026 operating budget, 17
1106-as enacted by Chapter _ (H.B. 350) of the Acts of the General Assembly of 2025: 18
1107-
1108- (1) up to $4,300,000 in staff augmentation funds; and 19
1109-
1110- (2) up to 20% of the remaining appropriation to the Information 20
1111-Technology Investment Fund under § 3.5–309 of the State Finance and Procurement 21
1112-Article. 22
1113-
1114- SECTION 4. AND BE IT FURTHER ENACTED, That, notwithstanding any other 23
1115-provision of law: 24
1116-
1117- (1) on or before June 30, 2026, the Governor may transfer to the Maryland 25
1118-Office of Digital Experience, as enacted by Section 1 of this Act, up to 50 positions, vacant 26
1119-or filled, along with the associated funds and unexpended appropriations that were 27
1120-included in the fiscal year 2026 operating budget, as enacted by Chapter _ (H.B. 350) of the 28
1121-Acts of the General Assembly of 2025; and 29
1122-
1123- (2) an individual who is a permanent or contractual staff member in a 30
1124-budgeted position in the Department of Information Technology or a unit of the State 31
1125-executive branch whose position is transferred to the Maryland Office of Digital Experience 32
1126-shall be transferred without any decrease to or loss of the individual’s rights, pay, status, 33
1127-working conditions, benefits, or retirement benefit status. 34 HOUSE BILL 738 25
1128-
1129-
1130-
1131- SECTION 5. AND BE IT FURTHER ENACTED, That, in fiscal year 2026, the 1
1132-Department of Information Technology: 2
1133-
1134- (1) shall work with units of State government to find economies of scale 3
1135-through use of one statewide productivity suite under one State license but may provide for 4
1136-specific exceptions as necessary to meet specific unit needs; 5
1137-
1138- (2) shall identify any other technology licensing or costs that could be 6
1139-reduced with a statewide contract for licensing or services; and 7
1140-
1141- (3) provide that any savings identified through the provisions of this 8
1142-section shall accrue to the Information Technology Investment Fund to assist in 9
1143-implementing the provisions of this Act. 10
1144-
1145- SECTION 6. AND BE IT FURTHER ENACTED, That in fiscal year 2026, except for 11
1146-funds transferred under Sections 3 and 4 of this Act, no additional general funds beyond 12
1147-those appropriated for the Department of Information Technology in the fiscal year 2026 13
1148-operating budget, as enacted by Chapter _ (H.B. 350) of the Acts of the General Assembly 14
1149-of 2025, may be used to implement this Act. 15
1150-
1151- SECTION 7. AND BE IT FURTHER ENACTED, That the Senate Budget and 16
1152-Taxation Committee and the House Health and Government Operations Committee shall 17
1153-convene a workgroup to evaluate the provisions of this Act, including: 18
1154-
1155- (1) the duties and responsibilities that should be assigned to the 19
1156-Department of Information Technology, the Maryland Office of Digital Experience, the 20
1157-Major Information Technology Development Project Oversight Division, the Maryland 21
1158-Digital Service Unit, or other offices in the Department; 22
1159-
1160- (2) what, if any, additional actions should be taken to ensure adequate 23
1161-resolution of the findings made by the Office of Legislative Audits in 2024; 24
1162-
1163- (3) whether it would be efficient and effective to have a Department of 25
1164-Information Technology employee embedded on–site in units of State government with a 26
1165-major information technology development project to assist in project management, to 27
1166-provide expertise, and to serve as a liaison between the unit and the Department; 28
1167-
1168- (4) whether additional or independent procurement authority should be 29
1169-given to the Department of Information Technology; and 30
1170-
1171- (5) whether there are more efficient and effective ways or mechanisms, 31
1172-including establishment of an independent information technology project management 32
1173-authority to provide project and program management and implementation. 33
1174-
1175- SECTION 2. 8. AND BE IT FURTHER ENACTED, That this Act shall take effect 34
1176-June 1, 2025. 35 26 HOUSE BILL 738
1177-
1178-
1179-
1180-
1181-
1182-
1183-Approved:
1184-________________________________________________________________________________
1185- Governor.
1186-________________________________________________________________________________
1187- Speaker of the House of Delegates.
1188-________________________________________________________________________________
1189- President of the Senate.