EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0807*
HOUSE BILL 807
S1 5lr0191
CF 5lr0192
By: Chair, Health and Government Operations Committee (By Request –
Departmental – Information Technology)
Introduced and read first time: January 29, 2025
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Information Technology – Modernizing Data Governance – Office of Enterprise 2
Data and Council for Open Data Advancement 3
FOR the purpose of establishing the position and responsibilities of the State Chief Data 4
Officer; establishing the Office of Enterprise Data in the Department of Information 5
Technology and the responsibilities of the Office; requiring each unit of State 6
government to appoint an Agency Data Officer; renaming the Council on Open Data 7
to be the Council for Open Data Advancement; altering the membership, member 8
terms, and responsibilities of the Council; and generally relating to ensuring the 9
efficient, secure, and ethical use of data in support of State goals and initiatives. 10
BY adding to 11
Article – State Finance and Procurement 12
Section 3.5–319 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2024 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – State Government 17
Section 10–1501, 10–1503, and 10–1504 18
Annotated Code of Maryland 19
(2021 Replacement Volume and 2024 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – State Finance and Procurement 23
3.5–319. 24 2 HOUSE BILL 807
(A) IN THIS SECTION, “OFFICE” MEANS THE OFFICE OF ENTERPRISE DATA. 1
(B) (1) THERE IS A STATE CHIEF DATA OFFICER IN THE DEPARTMENT . 2
(2) THE STATE CHIEF DATA OFFICER SHALL BE APPO INTED BY THE 3
GOVERNOR AND SUPERVIS ED BY THE SECRETARY. 4
(3) THE RESPONSIBILITIES OF THE STATE CHIEF DATA OFFICER 5
INCLUDE: 6
(I) DIRECTING, COORDINATING , AND IMPLEMENTING THE 7
STATEWIDE DATA STRAT EGY AND POLICIES FOR UNITS OF STATE GOVERNMENT TO 8
ENSURE RESPONSIBLE G OVERNANCE AND MANAGE MENT OF STATE DATA AND TO 9
PROMOTE STANDARDIZAT ION, COLLABORATION , AND ESTABLISHMENT OF 10
EFFICIENT DAT A PRACTICES; 11
(II) PROVIDING ADVICE , RECOMMENDATIONS , AND 12
CONSULTATIONS TO THE GOVERNOR AND ANY UNIT OF STATE GOVERNMENT 13
CONCERNING DATA POLI CIES, PROCEDURES , AND STANDARDS ; 14
(III) OVERSEEING THE USE , MANAGEMENT , AND SHARING OF 15
STATE DATA BY UNITS O F STATE GOVERNMENT TO E NSURE COMPLIANCE WIT H ALL 16
REQUIREMENTS , PROHIBITIONS, AND RESTRICTIONS ON DISCLOSURE OR RELEAS E 17
OF THE DATA APPLICAB LE TO THE UNIT SHARI NG IT; 18
(IV) COMPILING AN AUTHORI TATIVE INVENTORY OF DATA 19
COLLECTED, CREATED, OR MAINTAINED BY UNITS OF STATE GOVERNMENT AS 20
REQUIRED BY § 3.5–318 OF THIS SUBTITLE; 21
(V) EXCEPT AS OTHERWISE PROVIDED IN LAW , DESIGNATING 22
AND FACILITATING ACC ESS TO AUTHORITATIVE DATA SOURCES ; AND 23
(VI) OVERSEEING THE DATA L ITERACY OF STATE EMPLOYEES 24
TO ENSURE STATE DATA ARE RESPON SIBLY UNDERSTOOD , ANALYZED, AND 25
COMMUNICATED . 26
(C) (1) THERE IS AN OFFICE OF ENTERPRISE DATA IN THE 27
DEPARTMENT . 28
(2) THE HEAD OF THE OFFICE IS THE STATE CHIEF DATA OFFICER. 29
HOUSE BILL 807 3
(3) THE OFFICE SHALL ESTABLIS H A STATEWIDE DATA G OVERNAN CE 1
PROGRAM TO: 2
(I) ESTABLISH A STATEWIDE FRAMEWORK BY WHICH THE 3
MANAGEMENT , USE, AND SHARING OF DATA WITHIN AND BETWEEN U NITS OF STATE 4
GOVERNMENT IS GOVERN ED; 5
(II) ESTABLISH STANDARDS BY WHICH DATA ARE MANAGED IN 6
COMPLIANCE WITH DEFI NED POLICIES; 7
(III) DEVELOP GUIDANCE ON T HE EFFECTIVE USE , 8
MANAGEMENT , AND SHARING OF DATA WITHIN AND BETWEEN U NITS OF STATE 9
GOVERNMENT AND WITH THIRD PARTIES; 10
(IV) PROVIDE SERVICES AND ADVISE UNITS OF STATE 11
GOVERNMENT ON HOW TO MATURE THEIR DATA PR OGRAMS; AND 12
(V) ENSURE UNITS OF STATE GOVERNMENT ARE LEVERAGING 13
STATE DATA AS A STRATEGIC ASSET. 14
(4) THE OFFICE SHALL ESTABLIS H A DATA SHARING PRO GRAM TO: 15
(I) ESTABLISH A STATEWIDE FRAMEWORK THAT PROMOTES 16
DATA SHARING AND IMP ROVES ACCESS TO STATE DATA; 17
(II) ESTABLISH STANDARDS BY WHICH DATA ARE SH ARED IN 18
COMPLIANCE WITH EXIS TING LAWS AND DEFINE D POLICIES; 19
(III) DEVELOP PROCESSES FO R UNITS OF STATE GOVERNMENT 20
TO ACHIEVE AND MAINT AIN DATA READINESS F OR ARTIFICIAL INTELL IGENCE; 21
(IV) ADMINISTER A SECURE , MULTISTAKEHOLDER DAT A 22
EXCHANGE AND ANALYTI CS PLATFORM APPLYING COMMON RULES FOR DAT A 23
SECURITY, PRIVACY, AND CONFIDENTIALITY ; AND 24
(V) PROVIDE SERVICES AND ADVIS E UNITS OF STATE 25
GOVERNMENT ON HOW TO MAXIMIZE THE VALUE O F DATA THROUGH COLLECTIVE 26
INVESTMENT AND EFFEC TIVE INTEROPERABILIT Y OF DATA SOURCES . 27
(5) THE OFFICE SHALL ESTABLIS H A DATA LITERACY PR OGRAM TO: 28
4 HOUSE BILL 807
(I) ESTABLISH A STATEWIDE FRAMEWORK TO FOSTER A 1
CULTURE OF ANALYTICA L THINKING AND EVIDE NCE–BASED DECISION MAKIN G 2
WITHIN UNITS OF STATE GOVERNMENT ; 3
(II) ADMINISTER A SECURE , MULTISTAKEHOLDER DAT A 4
ACADEMY PLATFORM WIT H CURATED CONTENT ; 5
(III) DEVELOP GUIDANCE ON T HE EFFECTIVE UNDERST ANDING, 6
ANALYSIS, PRIVACY SAFEGUARDING , AND PROTECTION OF STATE DATA FOR ALL 7
APPROPRIATE EMPLOYEES OF U NITS OF STATE GOVERNMENT ; 8
(IV) MANAGE DATA TRAINING FOR AL L APPROPRIATE 9
EMPLOYEES OF UNITS O F STATE GOVERNMENT ; AND 10
(V) ESTABLISH A LIST OF D EFINED DATA TERMS AN D CREATE A 11
UNIFIED DATA LANGUAG E IN THE STATE. 12
(D) THE DEPARTMENT SHALL PROV IDE THE OFFICE WITH SUFFICIEN T 13
STAFF TO PERFORM THE FUNCTIONS REQUIRED UNDER THIS SECTION. 14
(E) (1) EACH UNIT OF STATE GOVERNMENT SHAL L APPOINT AN AGENCY 15
DATA OFFICER WHO SHALL REP ORT DIRECTLY TO THE UNIT HEAD OR AN 16
APPROPRIATE SENIOR OFFICIAL WITH IN THE UNIT OF STATE GOVERNMENT . 17
(2) EACH AGENCY DATA OFFICER SHALL BE RESPONSIBLE FOR: 18
(I) COLLABORATING WITH TH E STATE CHIEF DATA OFFICER 19
TO ENSURE THAT DATA INITIATIVES ARE CONS ISTENT WITH THE STAT EWIDE DATA 20
STRATEGY; 21
(II) DEVELOPING AND IMPLEM ENTING DATA GOVERNAN CE 22
POLICIES AND PROCEDU RES, INCLUDING THOSE PERT AINING TO DATA PRIVA CY, 23
WITHIN THE AGENCY DATA OFFICER’S UNIT OF STATE GOVERNMENT THAT ENSURE 24
COMPLIANCE WITH THE POLICIES ESTABLISHED BY THE STATE CHIEF DATA 25
OFFICER AND WITH LAWS, REGULATIONS , AND POLICIES; 26
(III) OVERSEEING DATA QUALI TY INITIATIVES AND E NSURING 27
DATA ACCURACY , RELIABILITY, ACCESSIBILITY, AND RETENTION OF STATE DATA 28
THAT ARE CONSISTENT WITH STAN DARDS AND GUIDANCE ESTABLISHED BY THE 29
OFFICE AND IN COMPLIA NCE WITH LAWS , REGULATIONS , AND POLICIES; 30
(IV) FACILITATING DATA SHA RING WITHIN AND BETW EEN UNITS 31
OF STATE GOVERNMENT AND WITH EXTERNAL PARTNE RS THAT IS CONSISTEN T 32 HOUSE BILL 807 5
WITH STANDARDS AND G UIDANCE ESTABLISHED BY THE OFFICE AND I N 1
COMPLIANCE WITH EXIS TING LAWS, REGULATIONS , AND POLICIES; 2
(V) ASSISTING WITH FACILITATING PARTICIPATION OF STATE 3
EMPLOYEES IN DATA TR AINING PROVIDED BY T HE OFFICE; 4
(VI) ADOPTING A PRIVACY GO VERNANCE AND RISK 5
MANAGEMENT PROGRAM A ND IMPLEMENTATION OF REASONABLE PRIVAC Y 6
PROCEDURES AND PRACT ICES, CONSISTENT WITH EXIS TING LAWS, REGULATIONS , 7
AND POLICIES, AND BEST PRACTICES ESTABLISHED BY THE OFFICE, TO ENSURE 8
THAT CONFIDENTIALITY , INTEGRITY, AND AVAILABILITY OF ALL PERSONALLY 9
IDENTIFIABLE INFORMA TION ARE MAINTAINED ; 10
(VII) REDUCING THE AMOUNT O F PERSONALLY IDENTIF IABLE 11
INFORMATION COLLECTE D AND RETAINED TO ON LY THAT NECESSARY FO R THE 12
PROPER PERFORMANCE O F THE AUTHORIZED FUN CTIONS OF THE UNIT OF STATE 13
GOVERNMENT ; 14
(VIII) REPORTING TO THE OFFICE AT INTERVALS E STABLISHED 15
BY THE STATE CHIEF DATA OFFICER ON DATA–RELATED ACTIVITIES , INCLUDING 16
COMPLIANCE WITH STAT EWIDE DATA STRATEGY AND POLICIES , USING 17
QUANTIFIABLE METRICS ; AND 18
(IX) MAKING AVAILABLE TO THE STATE CHIEF DATA OFFICER 19
ANY DATA OR METADATA REQ UESTED. 20
Article – State Government 21
10–1501. 22
(a) In this subtitle the following words have the meanings indicated. 23
(b) “Council” means the Council [on] FOR Open Data ADVANCEMENT . 24
(c) [(1)] “Data” means [final versions of] statistical or factual information that: 25
[(i)] (1) [are] IS in alphanumeric or geospatial form reflected in a 26
list, table, graph, chart, map, or other nonnarrative format that can be digitally transmitted 27
or processed; 28
[(ii)] (2) [are] IS regularly created or maintained by or on behalf of 29
a governmental entity; and 30
6 HOUSE BILL 807
[(iii)] (3) [record] RECORDS a measurement, transaction, or 1
determination or [provide] PROVIDES information on government services, initiatives, and 2
resources related to the mission of the covered governmental entity. 3
[(2) “Data” does not include draft versions of statistical or factual 4
information that are used for internal analysis by a governmental entity.] 5
(d) “Data portal” means a website where governmental entities can post data sets 6
and other data [as identified by the Council]. 7
(e) “Data set” means a named collection of related records maintained on a 8
storage device, with the collection containing data organized or formatted in a specific or 9
prescribed way. 10
(f) “Governmental entity” means a State or local entity. 11
(g) (1) “Local entity” means a county, municipal corporation, bicounty or 12
multicounty agency, public authority, special taxing district, or other political subdivision 13
or unit of a political subdivision of this State. 14
(2) “Local entity” includes boards of education and library boards that 15
receive funding from the State. 16
(h) “Mapping and geographic information systems portal” means a website that 17
provides: 18
(1) data regarding services provided by and policy initiatives of 19
governmental entities; and 20
(2) other data provided in geospatial form [as identified by the Council]. 21
(i) (1) “Open data” means data that, consistent with any applicable laws, 22
rules, regulations, ordinances, resolutions, policies, or other restrictions including 23
requirements or rights associated with the data, a State entity: 24
(i) has collected; and 25
(ii) is permitted, required, or able to make available to the public. 26
(2) “Open data” includes contractual or other legal orders, restrictions, or 27
requirements. 28
(3) “Open data” does not include data that if made public would: 29
(i) violate another law or regulation that prohibits the data from 30
being made public; 31 HOUSE BILL 807 7
(ii) endanger the public health, safety, or welfare; 1
(iii) hinder the operation of government, including criminal and civil 2
investigations; 3
(iv) impose an undue financial, operational, or administrative 4
burden on a State entity; or 5
(v) disclose proprietary or confidential information. 6
(j) “Open data portal” means a mapping and geographic information systems 7
portal or data portal. 8
(k) “State entity” means a department, a board, a commission, an agency, or a 9
subunit in the Executive Branch of State government. 10
10–1503. 11
(a) There is a Council [on] FOR Open Data ADVANCEMENT . 12
(b) The Council consists of the following [37] 11 members: 13
[(1) the Secretary of Agriculture; 14
(2) the Secretary of the Environment; 15
(3) the Secretary of Natural Resources; 16
(4) the Secretary of Planning; 17
(5) the Secretary of Transportation; 18
(6) the Secretary of Housing and Community Development; 19
(7) the Secretary of Commerce; 20
(8) the Secretary of General Services; 21
(9) the State Superintendent of Schools; 22
(10) the Secretary of Health; 23
(11) the Secretary of Information Technology; 24
(12) the Secretary of Public Safety and Correctional Services; 25
8 HOUSE BILL 807
(13) the Secretary of State Police; 1
(14) the Director of Assessments and Taxation; 2
(15) the Secretary of Budget and Management; 3
(16) the Adjutant General of the Military Department; 4
(17) the Secretary of Emergency Management; 5
(18) the Secretary of Labor; 6
(19) the Secretary of Human Services; 7
(20) the Director of the Governor’s Office of Performance Improvement; 8
(21) the Governor’s Homeland Security Advisor; 9
(22) the Executive Director of the Governor’s Office of Crime Prevention and 10
Policy; 11
(23) the Executive Director of the Maryland Institute for Emergency 12
Medical Services Systems; 13
(24) the Executive Director of the Department of Legislative Services; 14
(25) the State Archivist;] 15
[(26)] (1) one member of the Senate of Maryland, appointed by the 16
President of the Senate; 17
[(27)] (2) one member of the House of Delegates of Maryland, appointed by 18
the Speaker of the House; 19
(3) THE STATE CHIEF DATA OFFICER; 20
[(28)] (4) [five] THREE elected officials or employees from local entities 21
who have knowledge of and interest in open data, appointed by the Governor in accordance 22
with subsections (d) and (e) of this section; and 23
[(29)] (5) five members from the private, private utility, academic, or 24
nonprofit sectors who have knowledge of and interest in open data, appointed by the 25
Governor in accordance with subsection (e) of this section. 26
(c) If a member of the Council [listed in subsection (b)(1) through (24) of this 27
section] is unable to attend a meeting of the Council, the member may: 28 HOUSE BILL 807 9
(1) IF THE MEMBER IS LIS TED IN SUBSECTION (B)(1) OR (2) OF THIS 1
SECTION, DESIGNATE A STAFF ME MBER WHO REPORTS DIR ECTLY TO THE MEMBER 2
TO ATTEND THE MEETIN G; OR 3
(2) IF THE MEMBER IS LIS TED IN SUBSECTI ON (B)(3) OR (4) OF THIS 4
SECTION, designate [the Chief Information Officer or] another senior management staff 5
member of the agency or organization to attend the meeting. 6
(d) Of the [five] THREE elected officials or employees from local entities 7
appointed by the Governor under subsection [(b)(28)] (B)(4) of this section, one shall 8
represent each of the following groups of counties: 9
(1) Allegany County, CARROLL COUNTY, Frederick County, Garrett 10
County, and Washington County; 11
(2) [Caroline County, Cecil County, Dorchester County, Kent County, 12
Queen Anne’s County, Somerset County, Talbot County, Wicomico County, and Worcester 13
County; 14
(3)] Anne Arundel County, BALTIMORE CITY, BALTIMORE COUNTY, 15
Calvert County, Charles County, [and] HOWARD COUNTY, MONTGOMERY COUNTY, 16
PRINCE GEORGE’S COUNTY, AND St. Mary’s [County; 17
(4) Montgomery County and Prince George’s] County; and 18
[(5)] (3) [Baltimore City, Baltimore County, Carroll County,] CAROLINE 19
COUNTY, CECIL COUNTY, DORCHESTER COUNTY, Harford County, KENT COUNTY, 20
QUEEN ANNE’S COUNTY, SOMERSET COUNTY, TALBOT COUNTY, WICOMICO 21
COUNTY, and [Howard] WORCESTER County. 22
(e) (1) This subsection applies to members of the Council appointed under 23
subsection [(b)(28)] (B)(4) and [(29)] (5) of this section. 24
(2) The term of a member is 4 years[, except that five members may serve 25
an initial 3–year term as required by the terms provided for staggered members of the 26
Council on July 1, 2014]. 27
(3) At the end of a term, a member continues to serve until a successor is 28
appointed and qualifies. 29
(4) A member who is appointed after a term has begun serves only for the 30
rest of the term and until a successor is appointed and qualifies. 31
(5) A member may not serve more than two consecutive terms. 32 10 HOUSE BILL 807
(6) The Governor may remove a member for neglect of duty, incompetence, 1
or misconduct. 2
(f) A member of the Council may not receive compensation but is entitled to 3
reimbursement for expenses under the Standard State Travel Regulations as provided in 4
the State budget. 5
(g) [(1)] The [Secretary of Information Technology] STATE CHIEF DATA 6
OFFICER is the Chair of the Council. 7
[(2) The Director of the Governor’s Office of Performance Improvement is 8
the Vice Chair of the Council.] 9
(h) The staffing responsibilities of the Council shall be shared by the Department 10
of Information Technology[, the Governor’s Office of Performance Improvement,] and any 11
[other] staff designated by the Governor. 12
(i) The Council may establish workgroups as necessary to complete the duties of 13
the Council. 14
(j) The Council shall meet at least twice each year. 15
10–1504. 16
(a) The Council shall promote the policy established under § 10–1502 of this 17
subtitle by: 18
(1) providing guidance and policy recommendations and when appropriate 19
recommend legislation and regulations for: 20
(i) procedures, standards, and other deliverables for open data, 21
including for open data portals; 22
(ii) promotion, advertising, and marketing of open data; and 23
(iii) best practices for sharing open data while taking into account 24
privacy and security concerns; 25
(2) [coordinating the appropriate staff at each State entity for the 26
development, maintenance, and use of open data and open data portals] ADVISING ON 27
DATA INITIATIVES AND PRIORITIES; 28
(3) (i) [identifying the collective cost of operating and investing in open 29
data and funding mechanisms to support open data] IDENTIFYING AND EXPL ORING THE 30
MEANS BY WHICH PARTN ERSHIPS MA Y BE DEVELOPED AND S TRENGTHENED TO 31 HOUSE BILL 807 11
CONNECT MARYLAND DATA WITH CO MMUNITIES AND SOCIAL SERVICE 1
ORGANIZATIONS ; and 2
(ii) advising the Governor and General Assembly on budget matters 3
related to open data; 4
(4) inviting and encouraging local entities and the legislative and judicial 5
branches to: 6
(i) use open data portals established by State entities; 7
(ii) create their own open data portals; and 8
(iii) adopt policies consistent with the policy established under § 9
10–1502 of this subtitle; 10
(5) establishing a plan for providing all open data to the public at no cost; 11
(6) advocating for sound records management and data preservation 12
practices; and 13
(7) making recommendations to ensure that the purchase of new data 14
processing devices, systems, and software by the State includes a review of compliance with 15
the open data policy established under § 10–1502 of this subtitle and interoperability with 16
current technology used by the State. 17
(b) On or before January 10 of each year, the Council shall report to the Governor 18
and the General Assembly, in accordance with § 2–1257 of this article, on the activities of 19
the Council for the previous year and any recommendations for legislation. 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 21
1, 2025. 22