In this subtitle the following words have the meanings indicated. “Council” means the Council for Open Data. “Data” means statistical or factual information that: are in alphanumeric or geospatial form reflected in a list, table, graph, chart, map, or other nonnarrative format that can be digitally transmitted or processed; are regularly created or maintained by or on behalf of a governmental entity; and records a measurement, transaction, or determination or provide information on government services, initiatives, and resources related to the mission of the covered governmental entity. “Data” does not include draft versions of statistical or factual information that are used for internal analysis by a governmental entity. “Data portal” means a website where governmental entities can post data sets and other data as identified by the Council. “Data set” means a named collection of related records maintained on a storage device, with the collection containing data organized or formatted in a specific or prescribed way. “Governmental entity” means a State or local entity. “Local entity” means a county, municipal corporation, bicounty or multicounty agency, public authority, special taxing district, or other political subdivision or unit of a political subdivision of this State. “Local entity” includes boards of education and library boards that receive funding from the State. “Mapping and geographic information systems portal” means a website that provides: data regarding services provided by and policy initiatives of governmental entities; and other data provided in geospatial form as identified by the Council. “Open data” means data that, consistent with any applicable laws, rules, regulations, ordinances, resolutions, policies, or other restrictions including requirements or rights associated with the data, a State entity: has collected; and is permitted, required, or able to make available to the public. “Open data” includes contractual or other legal orders, restrictions, or requirements. “Open data” does not include data that if made public would: violate another law or regulation that prohibits the data from being made public; endanger the public health, safety, or welfare; hinder the operation of government, including criminal and civil investigations; impose an undue financial, operational, or administrative burden on a State entity; or disclose proprietary or confidential information. “Open data portal” means a mapping and geographic information systems portal or data portal. “State entity” means a department, a board, a commission, an agency, or a subunit in the Executive Branch of State government.

It is the policy of the State that open data be machine readable and released to the public in ways that make the data easy to find, accessible, and usable, including through the use of open data portals.

There is a Council for Open Data. The Council consists of the following 11 members: one member of the Senate of Maryland, appointed by the President of the Senate; one member of the House of Delegates of Maryland, appointed by the Speaker of the House; the State Chief Data Officer; three elected officials or employees from local entities who have knowledge of and interest in open data, appointed by the Governor in accordance with subsections (d) and (e) of this section; and five members from the private, private utility, academic, or nonprofit sectors who have knowledge of and interest in open data, appointed by the Governor in accordance with subsection (e) of this section that include: at least one member from the university sector; at least one member from the private sector; and at least one member from the nonprofit sector. If a member of the Council is unable to attend a meeting of the Council, the member may: if the member is listed in subsection (b)(1) or (2) of this section, designate a staff member who reports directly to the member to attend the meeting; or if the member is listed in subsection (b)(3) of this section, designate another senior management staff member of the agency or organization to attend the meeting. Of the three elected officials or employees from local entities appointed by the Governor under subsection (b)(4) of this section, one shall represent each of the following groups of counties: Allegany County, Carroll County, Frederick County, Garrett County, and Washington County; Anne Arundel County, Baltimore City, Baltimore County, Calvert County, Charles County, Howard County, Montgomery County, Prince George’s County, and St. Mary’s County; and Caroline County, Cecil County, Dorchester County, Harford County, Kent County, Queen Anne’s County, Somerset County, Talbot County, Wicomico County, and Worcester County. This subsection applies to members of the Council appointed under subsection (b)(4) and (5) of this section. The term of a member is 4 years. At the end of a term, a member continues to serve until a successor is appointed and qualifies. A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. A member may not serve more than two consecutive terms. The Governor may remove a member for neglect of duty, incompetence, or misconduct. A member of the Council may not receive compensation but is entitled to reimbursement for expenses under the Standard State Travel Regulations as provided in the State budget. The State Chief Data Officer is the Chair of the Council. The staffing responsibilities of the Council shall be shared by the Department of Information Technology and any staff designated by the Governor. The Council may establish workgroups as necessary to complete the duties of the Council. The Council shall meet at least twice each year.

The Council shall promote the policy established under § 10–1502 of this subtitle by: providing guidance and policy recommendations and when appropriate recommend legislation and regulations for: procedures, standards, and other deliverables for open data, including for open data portals; promotion, advertising, and marketing of open data; and best practices for sharing open data while taking into account privacy and security concerns; advising on data initiatives and priorities; identifying and exploring the means by which partnerships may be developed and strengthened to connect Maryland data with communities and social service organizations; coordinating the appropriate staff at each State entity for the development, maintenance, and use of open data and open data portals; identifying the collective cost of operating and investing in open data and funding mechanisms to support open data; and advising the Governor and General Assembly on budget matters related to open data; inviting and encouraging local entities and the legislative and judicial branches to: use open data portals established by State entities; create their own open data portals; and adopt policies consistent with the policy established under § 10–1502 of this subtitle; establishing a plan for providing all open data to the public at no cost; advocating for sound records management and data preservation practices; and making recommendations to ensure that the purchase of new data processing devices, systems, and software by the State includes a review of compliance with the open data policy established under § 10–1502 of this subtitle and interoperability with current technology used by the State. On or before January 10 of each year, the Council shall report to the Governor and the General Assembly, in accordance with § 2–1257 of this article, on the activities of the Council for the previous year and any recommendations for legislation.