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. *sb0244* SENATE BILL 244 S2 5lr0197 (PRE–FILED) CF HB 235 By: Chair, Education, Energy, and the Environment Committee (By Request – Departmental – Information Technology) Requested: September 19, 2024 Introduced and read first time: January 8, 2025 Assigned to: Education, Energy, and the Environment Committee Report: Favorable with amendments Senate action: Adopted Read second time: February 16, 2025 CHAPTER ______ AN ACT concerning 1 State Government – Information Technology – Cybersecurity Revisions 2 FOR the purpose of altering the duties of the Cyber Preparedness Unit in the Maryland 3 Department of Emergency Management; altering the duties of the Office of Security 4 Management in the Department of Information Technology; altering the content of 5 a certain report on the activities of the Office and the state of cybersecurity 6 preparedness in the State; altering the responsibilities of the Secretary of 7 Information Technology with regard to information technology policies and a 8 statewide cybersecurity strategy; and generally relating to State cybersecurity. 9 BY repealing and reenacting, without amendments, 10 Article – Public Safety 11 Section 14–104.1(a) 12 Annotated Code of Maryland 13 (2022 Replacement Volume and 2024 Supplement) 14 BY repealing and reenacting, with amendments, 15 Article – Public Safety 16 Section 14–104.1(b) 17 Annotated Code of Maryland 18 (2022 Replacement Volume and 2024 Supplement) 19 BY repealing and reenacting, with amendments, 20 2 SENATE BILL 244 Article – State Finance and Procurement 1 Section 3.5–2A–04 and 3.5–303(a)(1) and (5) 2 Annotated Code of Maryland 3 (2021 Replacement Volume and 2024 Supplement) 4 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMB LY OF MARYLAND, 5 That the Laws of Maryland read as follows: 6 Article – Public Safety 7 14–104.1. 8 (a) (1) In this section the following words have the meanings indicated. 9 (2) “Local government” includes local school systems, local school boards, 10 and local health departments. 11 (3) “Unit” means the Cyber Preparedness Unit. 12 (b) (1) There is a Cyber Preparedness Unit in the Department. 13 (2) In coordination with the State Chief Information Security Officer, the 14 Unit shall: 15 (i) [support local governments in developing a vulnerability 16 assessment and cyber assessment, including providing local governments with the 17 resources and information on best practices to complete the assessments; 18 (ii)] develop and regularly update an online database of cybersecurity 19 training resources for local government personnel, including technical training resources, 20 cybersecurity continuity of operations templates, AND consequence management plans[, 21 and trainings on malware and ransomware detection]; 22 [(iii)] (II) assist local governments in: 23 1. the development of cybersecurity preparedness and 24 response plans; 25 2. implementing best practices and guidance developed by 26 the State Chief Information Security Officer; and 27 3. identifying and acquiring resources to complete 28 appropriate cybersecurity vulnerability assessments; 29 [(iv)] (III) connect local governments to appropriate resources for 30 any other purpose related to cybersecurity preparedness and response; 31 SENATE BILL 244 3 [(v)] (IV) as necessary and in coordination with the National Guard, 1 local emergency managers, and other State and local entities, conduct regional 2 cybersecurity preparedness exercises; and 3 [(vi)] (V) establish regional assistance groups to deliver and 4 coordinate support services to local governments, agencies, or regions. 5 (3) The Unit shall support the Office of Security Management in the 6 Department of Information Technology during emergency response efforts. 7 Article – State Finance and Procurement 8 3.5–2A–04. 9 (a) (1) The Office is responsible for: 10 (i) the direction, coordination, and implementation of the overall 11 cybersecurity strategy and policy for units of State government; and 12 (ii) supporting and coordinating with the Maryland Department of 13 Emergency Management Cyber Preparedness Unit during emergency response efforts. 14 (2) The Office is not responsible for the information technology installation 15 and maintenance operations normally conducted by a unit of State government, a unit of 16 local government, a local school board, a local school system, or a local health department. 17 (b) The Office shall: 18 (1) establish standards to categorize all information collected or 19 maintained by or on behalf of each unit of State government; 20 (2) establish standards to categorize all information systems maintained 21 by or on behalf of each unit of State government; 22 (3) develop guidelines governing the types of information and information 23 systems to be included in each category; 24 (4) establish security requirements for information and information 25 systems in each category; 26 (5) assess the categorization of information and information systems and 27 the associated implementation of the security requirements established under item (4) of 28 this subsection; 29 (6) if the State Chief Information Security Officer determines that there 30 are security vulnerabilities or deficiencies in any information systems, determine and direct 31 4 SENATE BILL 244 or take actions necessary to correct or remediate the vulnerabilities or deficiencies, which 1 may include requiring the information system to be disconnected; 2 (7) if the State Chief Information Security Officer determines that there is 3 a cybersecurity threat caused by, AFFECTING, OR POTENTIALLY AFFEC TING an entity 4 connected to the network established under § 3.5–404 of this title that introduces OR MAY 5 INTRODUCE a serious risk to entities connected to the network or to the State, take or 6 direct actions required to mitigate the threat; 7 (8) manage security awareness training for all appropriate employees of 8 units of State government; 9 (9) assist in the development of data management, data governance, and 10 data specification standards to promote standardization and reduce risk; 11 (10) assist in the development of a digital identity standard and 12 specification applicable to all parties communicating, interacting, or conducting business 13 with or on behalf of a unit of State government; 14 (11) develop and maintain information technology security policy, 15 standards, and guidance documents, consistent with best practices developed by the 16 National Institute of Standards and Technology; 17 (12) to the extent practicable, seek, identify, and inform relevant 18 stakeholders of any available financial assistance provided by the federal government or 19 non–State entities to support the work of the Office; 20 (13) provide technical assistance to localities in mitigating and recovering 21 from cybersecurity incidents; [and] 22 (14) provide technical services, advice, and guidance to units of local 23 government to improve cybersecurity preparedness, prevention, response, and recovery 24 practices; AND 25 (15) SUPPORT LOCAL GOVERN MENTS IN DEVELOPING A 26 VULNERABILITY ASSESS MENT AND CYBER ASSES SMENT, INCLUDING PROVIDING 27 LOCAL GOVERNMENTS WI TH THE RESOURCES AND INFORMATION ON B EST 28 PRACTICES TO COMPLET E THE ASSESSMENTS . 29 (c) The Office, in coordination with the Maryland Department of Emergency 30 Management, shall: 31 (1) assist local political subdivisions, including counties, school systems, 32 school boards, and local health departments, in[: 33 SENATE BILL 244 5 (i) the development of cybersecurity preparedness and response 1 plans; and 2 (ii)] implementing best practices and guidance developed by the 3 Department; and 4 (2) connect local entities to appropriate resources for any other purpose 5 related to cybersecurity preparedness and response. 6 (d) The Office, in coordination with the Maryland Department of Emergency 7 Management, may: 8 (1) conduct regional exercises, as necessary, in coordination with the 9 National Guard, local emergency managers, and other State and local entities; and 10 (2) establish regional assistance groups to deliver or coordinate support 11 services to local political subdivisions, agencies, or regions. 12 (e) (1) On or before December 31 each year, the Office shall report to the 13 Governor and, in accordance with § 2–1257 of the State Government Article, the Senate 14 Budget and Taxation Committee, the Senate [Education, Health, and Environmental 15 Affairs] Committee ON EDUCATION, ENERGY, AND THE ENVIRONMENT , the House 16 Appropriations Committee, the House Health and Government Operations Committee, and 17 the Joint Committee on Cybersecurity, Information Technology, and Biotechnology on the 18 activities of the Office and the state of cybersecurity preparedness in Maryland, including: 19 (i) the activities and accomplishments of the Office during the 20 previous 12 months at the State and local levels; and 21 (ii) a compilation and analysis of the data from the information 22 contained in the reports received by the Office under § 3.5–405 of this title, including: 23 1. a summary of the issues identified by the cybersecurity 24 preparedness assessments conducted that year; 25 2. the status of vulnerability assessments of all units of State 26 government and a timeline for completion and cost to remediate any vulnerabilities 27 exposed; 28 3. recent audit findings of all units of State government and 29 options to improve findings in future audits, including recommendations for staff, budget, 30 and timing; 31 4. [analysis of the State’s expenditure on cybersecurity 32 relative to overall information technology spending for the prior 3 years and 33 recommendations for changes to the budget, including amount, purpose, and timing to 34 improve State and local cybersecurity preparedness; 35 6 SENATE BILL 244 5.] efforts to secure financial support for cyber risk mitigation 1 from federal or other non–State resources; 2 [6.] 5. key performance indicators on the cybersecurity 3 strategies in the Department’s information technology master plan, including time, budget, 4 and staff required for implementation; and 5 [7.] 6. any additional recommendations for improving 6 State and local cybersecurity preparedness. 7 (2) A report submitted under this subsection may not contain information 8 that reveals cybersecurity vulnerabilities and risks in the State. 9 (F) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 10 ON OR BEFORE THE THI RD WEDNESDAY IN JANUARY EACH YEAR , THE OFFICE 11 SHALL REPORT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE 12 STATE GOVERNMEN T ARTICLE, THE SENATE BUDGET AND TAXATION COMMITTEE, 13 THE SENATE COMMITTEE ON EDUCATION, ENERGY, AND THE ENVIRONMENT , THE 14 HOUSE APPROPRIATIONS COMMITTEE, THE HOUSE HEALTH AND GOVERNMENT 15 OPERATIONS COMMITTEE, AND THE JOINT COMMITTEE ON CYBERSECURITY , 16 INFORMATION TECHNOLOGY , AND BIOTECHNOLOGY ON : 17 (I) THE STATE’S EXPENDITURE ON CYB ERSECURITY RELATIVE 18 TO OVERALL INFORMATI ON TECHNOLOGY SPENDI NG FOR THE PRIOR 3 YEARS; AND 19 (II) RECOMMENDATIONS FOR CHANGES TO THE BUDGE T, 20 INCLUDING THE AMOUNT , PURPOSE, AND TIMING OF FUNDING TO I MPROVE STATE 21 AND LOCAL CYBERSECUR ITY PREPAREDNESS . 22 (2) IN A YEAR WITH A NEWL Y ELECTED GOVERNOR, THE REPORT 23 REQUIRED UNDER PARAG RAPH (1) OF THIS SUBSECTION S HALL BE SUBMITTED ON 24 OR BEFORE THE THIRD FRIDAY OF JANUARY. 25 3.5–303. 26 (a) The Secretary is responsible for carrying out the following duties: 27 (1) developing, IMPLEMENTING , maintaining, revising, and enforcing 28 information technology policies, procedures, and standards; 29 (5) developing, IMPLEMENTING , and maintaining a statewi de 30 cybersecurity strategy that will: 31 SENATE BILL 244 7 (i) centralize the management and direction of cybersecurity 1 strategy within the Executive Branch of State government under the control of the 2 Department; and 3 (ii) serve as the basis for budget allocations for cybersecurity 4 preparedness for the Executive Branch of State government; 5 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6 October 1, 2025. 7 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ President of the Senate. ________________________________________________________________________________ Speaker of the House of Delegates.