Maryland HB 695: Open Meetings Act - Closed Meetings - Cybersecurity

Status: Approved by the Governor - Chapter 304 (as of 2018-04-24)

State: Maryland · Session: 2018 · Bill: HB 695

Subjects: State Government - Regulations and Procedures, State Government - Agencies, Offices, and Officials, Administrative Agencies, Committees and Commissions, Crimes and Punishments, Cybersecurity, Identification, Investigations and Inquiries, Privacy, Safety, Telecommunications and Information Technology

Sponsors: Frick, Angel, Barron, Bromwell, Cullison, Hayes, Hill, K. Young, Kelly, Kipke, Krebs, McDonough, Metzgar, Miele, Morales, Morgan, Pena-Melnyk, Pendergrass, Platt, Rosenberg, Saab, Sample-Hughes, Szeliga, West

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0695*

HOUSE BILL 695
P3, P1 8lr2756

By: Delegate Frick
Introduced and read first time: January 31, 2018
Assigned to: Health and Government Operations

A BILL ENTITLED

AN ACT concerning 1

Open Meetings Act – Closed Meetings – Cybersecurity 2

FOR the purpose of authorizing a public body to meet in a closed session to discuss 3
cybersecurity if the public body determines that public discussion would constitute 4
certain risks; and generally relating to closed meetings and cybersecurity. 5

BY repealing and reenacting, with amendments, 6
Article – General Provisions 7
Section 3–305(b)(13) and (14) 8
Annotated Code of Maryland 9
(2014 Volume and 2017 Supplement) 10

BY adding to 11
Article – General Provisions 12
Section 3–305(b)(15) 13
Annotated Code of Maryland 14
(2014 Volume and 2017 Supplement) 15

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17

Article – General Provisions 18

3–305. 19

(b) Subject to subsection (d) of this section, a public body may meet in closed 20
session or adjourn an open session to a closed session only to: 21

(13) comply with a specific constitutional, statutory, or judicially imposed 22
requirement that prevents public disclosures about a particular proceeding or matter; [or] 23

2 HOUSE BILL 695

(14) discuss, before a contract is awarded or bids are opened, a matter 1
directly related to a negotiating strategy or the contents of a bid or proposal, if public 2
discussion or disclosure would adversely impact the ability of the public body to participate 3
in the competitive bidding or proposal process; OR 4

(15) DISCUSS CYBERSECURITY, IF THE PUBLIC BODY DETERMINES 5
THAT PUBLIC DISCUSSION WOULD CONSTITUTE A RISK TO: 6

(I) SECURITY ASSESSMENTS OR DEPLOYMENTS RELATING TO 7
INFORMATION RESOURCES TECHNOLOGY; 8

(II) NETWORK SECURITY INFORMATION, INCLUDING 9
INFORMATION THAT IS: 10

1. RELATED TO PASSWORDS, PERSONAL 11
IDENTIFICATION NUMBERS, ACCESS CODES, ENCRYPTION, OR OTHER COMPONENTS 12
OF THE SECURITY SYSTEM OF A GOVERNMENTAL ENTITY; 13

2. COLLECTED, ASSEMBLED, OR MAINTAINED BY OR FOR 14
A GOVERNMENTAL ENTITY TO PREVENT, DETECT, OR INVESTIGATE CRIMINAL 15
ACTIVITY; OR 16

3. RELATED TO AN ASSESSMENT, MADE BY OR FOR A 17
GOVERNMENTAL ENTITY OR MAINTAINED BY A GOVERNMENTAL ENTITY, OF THE 18
VULNERABILITY OF A NETWORK TO CRIMINAL ACTIVITY; OR 19

(III) DEPLOYMENTS OR IMPLEMENTATION OF SECURITY 20
PERSONNEL, CRITICAL INFRASTRUCTURE, OR SECURITY DEVICES. 21

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2018. 23

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