Executive Orders 2021.
Executive Order .01 Increasing Small-Business Participation in State ProcurementsLinkCopy Citation
A.
Definitions.
a.
“Executive agency” means a State unit or instrumentality subject to the control, supervision, or direction of the Governor.
b.
“Governor’s Office” means the Governor’s Office of Small, Minority, and Women Business Affairs.
B.
Any procurement of an Executive agency, for goods, supplies, services, maintenance, construction, construction-related services, architectural services, and engineering services, and with a total dollar value between $50,000 and $500,000, shall be designated for the small business reserve, except for:
a.
Preference procurements made from a preference provider;
b.
Procurements involving expenditures of federal dollars, to the extent that inclusion in the small business reserve program conflicts with federal law or grant provisions;
c.
Small procurements as classified in COMAR 21.05.07.04;
d.
Procurements of human, social, cultural, and educational services; and
e.
Certain term and master contracts, as determined by the Governor’s Office and the Office of State Procurement in the Department of General Services.
C.
A procurement is exempt from designation for the small business reserve if the Governor’s Office certifies — concurrently with review of any waiver determinations for certified minority business enterprise contract goals — that it is not practicable to do so.
D.
The Office of State Procurement in the Department of General Services shall assist the Governor’s Office in establishing procedures and guidelines for the efficient exemption of procurements from the small business reserve and as may otherwise be appropriate for the implementation and administration of this Executive Order.
E.
When delegating procurement authority to the procurement agencies, the Department of General Services shall condition the delegation on compliance with this Executive Order.
F.
All Executive agencies shall implement this Executive Order in a manner that is consistent with all applicable statutes, including the public policy favoring advancements of women- and minority-owned businesses as set forth in Title 14, Subtitle 3, of the State Finance & Procurement Article of the Code of Maryland and related regulations.
G.
Nothing in this Executive Order shall operate to contravene federal law or to affect the State’s receipt of federal funding.
H.
If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, the provisions or applications of the Executive Order are severable, and all others shall remain in effect to the extent possible without the invalid provision or application.
History: Effective date: January 6, 2021
Executive Order .02 Maryland Citizen Redistricting CommissionLinkCopy Citation
A.
There is a Maryland Citizen Redistricting Commission (the “Commission”).
B.
Membership.
1.
The Commission consists of the following members appointed by the Governor:
a.
One registered with the Democratic Party;
b.
One registered with the Republican Party;
c.
One not registered with either the Democratic Party or the Republican Party; and
d.
Six selected from a public application process, apportioned as follows:
i.
Two registered with the Democratic Party;
ii.
Two registered with the Republican Party;
iii.
Two not registered with either the Democratic Party or the Republican Party.
2.
Each member shall be a voter who, for at least three years immediately preceding the date of appointment, has been registered in the State continuously with the same political party or continuously with neither the Democratic Party nor the Republican Party.
3.
No member may be:
a.
A representative or candidate for representative in the U.S. Congress;
b.
A member or candidate for member of the General Assembly of Maryland;
c.
An officer or employee of a political party or political committee;
d.
A member of staff of the Governor, Maryland General Assembly, or U.S. Congress; or
e.
A current registered lobbyist.
4.
The selection of members shall be intended to produce a Commission that is independent from legislative influence, impartial, and reasonably representative of the State’s diversity and geographical, racial, and gender makeup.
5.
The Governor shall appoint one or more members to chair the Commission.
6.
A vacancy may be filled in the same manner that the initial appointments are made.
C.
Duties.
1.
The Commission shall prepare one plan for Maryland’s state legislative districts and one plan for Maryland’s congressional districts, in conformance with the following:
a.
The plans shall:
i.
Comply with all State and federal constitutional and legal requirements, including the Voting Rights Act;
ii.
Comply with all applicable judicial direction, rulings, judgments, or orders;
iii.
Respect natural boundaries and the geographic integrity and continuity of any municipal corporation, county, or other political subdivision to the extent practicable; and
iv.
Be geographically compact and include nearby areas of population to the extent practicable;
b.
The plans shall not account for:
i.
How individuals are registered to vote, how individuals voted in the past, or the political party to which individuals belong; or
ii.
The domicile or residence of any individual, including an incumbent officeholder or a potential candidate for office;
c.
Congressional districts shall:
i.
Equal the number of representatives in the U.S. Congress that have been apportioned to the state; and
ii.
Be equal in population to the extent practicable; and
d.
Legislative districts shall be:
i.
As nearly equal in population as is feasible given due regard for natural boundaries and the boundaries of political subdivisions;
ii.
To the extent possible and consistent with the Commission’s other duties and responsibilities, subdivided into single-member delegate districts; and
iii.
Numbered consecutively commencing at the northwestern boundary of the state and ending at the southeastern boundary of the state.
2.
The Commission shall conduct its business with integrity and fairness.
3.
The Commission shall exercise judgment that is impartial and that reinforces public confidence in the integrity of the redistricting process.
D.
Procedures.
1.
A majority of the members of the Commission shall constitute a quorum for the transaction of any business.
2.
The Commission shall:
a.
Conduct open and transparent proceedings that:
i.
Enable full public consideration of and input as to the establishment of legislative and congressional districts; and
ii.
Encourage citizen outreach and broad public participation in the redistricting process;
b.
Hold meetings at such times and such places as it deems necessary, provided that the meetings are accessible to the general public in accordance with the Maryland Open Meetings Act or other applicable law;
c.
Conduct regional summits to allow citizens to offer comment on the boundaries of the congressional and legislative districts;
d.
Provide an electronic portal for citizens to review redistricting data and submit their comments about redistricting; and
e.
Undertake any other activities it deems appropriate to further increase opportunities for the public to observe and participate in the redistricting process.
3.
The Commission may adopt such other procedures as may be necessary to ensure the orderly transaction of business, including the creation of committees.
4.
The Commission may designate additional individuals, including interested citizens, educators, or specialists with relevant expertise, but excluding individuals identified in Section B(3), to serve on any committee.
5.
The Commission may consult with units of State government and outside experts to obtain such technical assistance and advice as it deems necessary to complete its duties.
6.
After receiving sufficient comment, input, assistance, and advice from the public, experts, units of State government, committees, and other interested persons, the Commission shall:
a.
With at least seven affirmative votes of the members, approve and certify proposed redistricting plans that separately set forth district boundary lines for state congressional and legislative districts;
b.
Approve and certify proposed maps that correspond to the redistricting plans;
c.
Publicize the proposed plans and maps in a manner reasonably designed to achieve broad public availability and access; and
d.
Accept and review comments about the proposed plans and maps.
7.
After publicizing, reviewing, and making any appropriate adjustments to the proposed plans and maps, the Commission shall:
a.
With at least seven affirmative votes of the members, approve and certify final redistricting plans for state legislative and congressional districts;
b.
Approve and certify final maps that correspond to the redistricting plans;
c.
Submit the final plans and maps to the Legislative Office of the Office of the Governor; and
d.
Issue a report that explains the basis for the Commission’s decisions and includes definitions of the terms and standards used for each plan.
F.
Membership of the Commission shall not be compensated, but members are entitled to reimbursement for expenses as provided by law.
G.
The Office of the Governor shall provide the Commission with staff and consultants as necessary and feasible.
H.
The public records of the Commission are subject to inspection pursuant to the Public Information Act.
I.
All units of State government subject to the supervision and direction of the Governor shall cooperate with and assist the Commission in carrying out its responsibilities.
History: Effective date: January 12, 2021
Executive Order .06 Adverse Childhood ExperiencesLinkCopy Citation
I.
All State units subject to the control and direction of the Governor shall:
A.
Consider how the implementation of State policies and programming could reduce adverse childhood experiences;
B.
Cooperate with, and provide such data and other information as may be allowed by law to, the Executive Director of the Governor’s Office of Crime Prevention, Youth, and Victim Services to enable study and monitoring of State policies and programming that prevent and mitigate adverse childhood experiences; and
C.
If they serve children and families:
i.
Incorporate an understanding of adverse childhood experiences into treatment and other similar interactions; and
ii.
Implement care models informed by adverse childhood experiences and the impact they have on development.
II.
The Governor shall, to coincide with Mental Health Awareness Month, proclaim May 6 of each year to be Adverse Childhood Experiences Awareness Day.
III.
This Executive Order shall not be construed as altering the designation of, or granting authority to, any unit of State or local government for the purposes of federal law.
History: Effective date: May 21, 2021
Executive Order .08 Maryland Disability Culture and Achievements MonthLinkCopy Citation
A.
All units of State government subject to the direction and control of the Governor shall annually observe July as “Disability Culture and Achievements Month.”
B.
The Department of Disabilities shall, during Disability Culture and Achievements Month, collaborate with, and provide information and technical assistance to, other units of State government to develop, coordinate, and promote activities and events throughout Maryland celebrating:
1.
Disability culture, including literature, poetry, dance, film, theater, and music developed by people with disabilities; and
2.
Societal achievements, including in justice, self empowerment, and equality, of people with disabilities.
History: Effective date: July 26, 2021
Executive Order .09 State Chief Data OfficerLinkCopy Citation
A.
State Chief Data Officer.
1.
There is a State Chief Data Officer in the Office of the Governor.
2.
The State Chief Data Officer shall be appointed by and serve at the pleasure of the Governor.
3.
The State Chief Data Officer shall:
i.
Supervise and direct the use and management of data by units of State government under the supervision and direction of the Governor (“State units”);
ii.
Assess the data needed by State units to inform policy decisions;
iii.
Facilitate and coordinate:
1)
The sharing of State data:
a.
Among State units, such that State units receiving data comply with all prohibitions and restrictions on disclosure or release of the data applicable to the State unit sharing it; and
b.
Between State units and the public; and
2)
Analysis of data by State units;
iv.
Receive and compile an inventory of State unit data;
v.
Create a strategic plan for State data (the “State Data Strategic Plan”) that:
1)
Is consistent with the Statewide Information Technology Master Plan;
2)
Establishes data use, management, and analysis practices, policies, and standards for the State;
3)
Provides recommendations for actions to standardize and integrate State data systems and management practices; and
4)
Is updated every two years;
vi.
Track progress in implementing secure and efficient data use and management by the State;
vii.
Measure advancements in the analysis of data by the State; and
viii.
Assist:
1)
The Governor’s Office of Crime Prevention, Youth, and Victim Services in evaluating data to make recommendations for State policies and programming that are informed by an understanding of, and mitigate the effects of, adverse childhood experiences; and
2)
The Opioid Operational Command Center in:
a.
Integrating and analyzing data sets that it acquires; and
b.
Studying, understanding, and reducing opioid use and overdoses.
B.
Agency Data Officers.
1.
A data officer (an “agency data officer”) shall be designated by the following State units no later than October 1, 2021:
i.
The Department of Aging;
ii.
The Department of Agriculture;
iii.
The Department of Budget and Management;
iv.
The Department of Commerce;
v.
The Department of Disabilities;
vi.
The Maryland Department of Emergency Management;
vii.
The Department of the Environment;
viii.
The Department of General Services;
ix.
The Maryland Department of Health;
x.
The Department of Housing and Community Development;
xi.
The Department of Human Services;
xii.
The Department of Information Technology;
xiii.
The Department of Juvenile Services;
xiv.
The Maryland Department of Labor;
xv.
The Department of Natural Resources;
xvi.
The Department of Planning;
xvii.
The Department of Public Safety and Correctional Services;
xviii.
The Department of State Police;
xix.
The Department of Transportation;
xx.
The Department of Veterans Affairs; and
xxi.
The Office of the Secretary of State.
2.
Other units of State government may designate agency data officers consistent with this Order.
3.
Each agency data officer shall:
i.
Implement measures for the secure, efficient, and effective use of data;
ii.
Provide administrative support to the State Chief Data Officer on behalf of the unit;
iii.
Receive and promptly address inquiries, requests, or concerns about access to the unit’s data;
iv.
Comply with direction from the State Chief Data Officer as to the use and management of the unit’s data;
v.
Conduct an inventory, on or before December 31 of each year, of the unit’s data that:
1)
Identifies data meeting criteria established by the Chief Data Officer, including that it is:
a.
Necessary for the operation of the unit; or
b.
Otherwise required to be collected:
I.
As a condition to receive federal funds; or
II.
By federal or state law; and
2)
Is in such form as prescribed by the State Chief Data Officer;
vi.
Cooperate with the State Chief Data Officer review of advancements in the analysis of data by the State; and
vii.
Make available to the State Chief Data Officer any data requested.
4.
The agency data officers shall meet once a month to:
i.
Exchange knowledge about data use and management;
ii.
Solicit relevant input from data experts and practitioners;
iii.
Advise the State Chief Data Officer on best data privacy and security practices;
iv.
Issue reports to the State Chief Data Officer about State data use and management; and
v.
Assist the State Chief Data Officer in developing the State Data Strategic Plan.
5.
Following the creation of the State Data Strategic Plan, the agency data officers shall:
i.
Implement it in each of their units; and
ii.
Submit compliance reports for their unit to the State Chief Data Officer.
C.
The State Chief Data Officer may obtain support and assistance from the Department of Information Technology, Department of Planning, and Governor’s Office of Performance Improvement as necessary and desirable to improve operational efficiency and efficacy.
D.
On or before December 31 of each year, the State Chief Data Officer shall submit a report to Governor addressing State’s progress in:
1.
Implementing secure and efficient data use and management;
2.
Promoting the sharing and analysis of data; and
3.
Complying with the State Data Strategic Plan.
History: Effective date: July 29, 2021
Executive Order .10 Maryland Data PrivacyLinkCopy Citation
A.
In this Order, the following words have the meanings indicated:
1.
“Agency privacy officer” means an individual designated by a State unit to manage its implementation of reasonable security practices and procedures, and compliance with this Order.
2.
"Personally identifiable information” means, in digital or physical form:
i.
A full name, or first initial and last name, in combination with;
1)
A Social Security number;
2)
A driver’s license number, a State identification number, or any other identification number issued by a State unit;
3)
A passport number;
4)
Characteristics of classifications protected under federal or State law; or
5)
Biometric information including an individual’s physiological or biological characteristics, including an individual’s deoxyribonucleic acid, that can be used, singly or in combination with each other or with other identifying data, to establish individual identity;
ii.
But not:
1)
Voter registration information;
2)
Information publicly disclosed by the individual without being under duress or coercion;
3)
Data rendered anonymous through the use of techniques, including obfuscation, deletion, redaction, or encryption, that make the individual no longer identifiable;
4)
Protected health information; or
5)
Information collected, processed, or shared for the purposes of:
a.
Public health, including any information shared between the Maryland Department of Health and any unit of state or United States government as required by law;
b.
Public safety;
c.
State security;
d.
The State Personnel Management System;
e.
The State Retirement and Pension System; or
f.
Investigation and prosecution of criminal offenses.
3.
“Reasonable security procedures and practices” means security protections that are consistent with Department of Information Technology policies and standards.
4.
“SCPO” means the State Chief Privacy Officer.
5.
“State unit” means:
i.
The Department of Aging;
ii.
The Department of Agriculture;
iii.
The Department of Budget and Management;
iv.
The Department of Commerce;
v.
The Department of Disabilities;
vi.
Beginning on October 1, 2021, the Maryland Department of Emergency Management;
vii.
The Department of the Environment;
viii.
The Department of General Services;
ix.
The Maryland Department of Health;
x.
The Department of Housing and Community Development;
xi.
The Department of Human Services;
xii.
The Department of Information Technology;
xiii.
The Department of Juvenile Services;
xiv.
The Maryland Department of Labor;
xv.
The Department of Natural Resources;
xvi.
The Department of Planning;
xvii.
The Department of Public Safety and Correctional Services;
xviii.
The Department of State Police;
xix.
The Department of Transportation;
xx.
The Department of Veterans Affairs;
xxi.
The Department of Secretary of State; and
xxii.
Any other agency, department, board, commission, authority, or instrumentality of the State that elects to be subject to this Order.
B.
State Chief Privacy Officer.
1.
There is a State Chief Privacy Officer in the Office of the Governor.
2.
The SCPO is appointed by, and serves at the pleasure of, the Governor.
3.
The SCPO shall:
i.
Provide the Governor with advice, recommendations, and consultation about data privacy;
ii.
Supervise and direct efforts of State units to protect and secure personally identifiable information;
iii.
Develop and manage the implementation of State information privacy policies that are:
1)
Comprehensive, coordinated, and continuous; and
2)
Balance the State’s need for information collection and:
a.
risks to the public; and
b.
the costs of collection;
iv.
Establish privacy requirements to be incorporated into agreements to share data.
v.
Create and maintain inventories of sources of and systems containing personally identifiable information held by the State;
vi.
Oversee the conduct of privacy impact assessments; and
vii.
Assist State units with:
1)
Identifying, matching, and merging corresponding personally identifiable information;
2)
Drafting agreements and contracts for sharing, processing, storing, accessing, transmitting, or disposing of personally identifiable information;
3)
Responding to audits of privacy and security of personally identifiable information;
4)
Reducing:
a.
duplicative requests for personally identifiable information; and
b.
the amount of personally identifiable information collected and retained to only that necessary for the proper performance of the State unit’s authorized functions;
5)
Properly accounting for and budgeting the costs and resources needed to protect and securely dispose of personally identifiable information; and
6)
Providing training to State unit employees about State information privacy policies.
C.
Beginning no later than January 1, 2022, each State unit shall:
1.
Employ reasonable security practices and procedures;
2.
. Designate an agency privacy official;
3.
Comply with direction from the SCPO to protect and secure personally identifiable information;
4.
Identify and document the legitimate government purpose of the State unit’s collection of personally identifiable information;
5.
Allow an individual to opt out of the State unit’s sharing of information if the sharing is not required by law;
6.
Provide to individuals:
i.
Access to their personally identifiable information that has been processed by the State unit, and methods to correct or amend it, or delete it if allowable by law;
ii.
At the time of the collection of personally identifiable information:
1)
Notice of:
a.
The collection;
b.
The purpose of the collection;
c.
Any legal authorities requiring the collection of personally identifiable information; and
d.
Whether the provision of the personally identifiable information is voluntary; and
2)
Instructions on how to receive information, which shall be provided upon request of the individual if allowable by law, about the types of:
a.
Personally identifiable information collected about the individual; and
b.
Sources from which the personally identifiable information was collected;
iii.
At or before the time of the State unit’s sharing personally identifiable information, notice of the sharing, including:
1)
The nature and sources of personally identifiable information shared;
2)
The purpose for which the personally identifiable information is shared and how it will be used;
3)
The circumstances in which the personally identifiable information will be shared;
4)
The recipients of the shared personally identifiable information;
5)
The legal authorities for the sharing of the personally identifiable information; and
6)
Any rights the individual may have to:
a.
Review the personally identifiable information shared; or
b.
Decline the State unit’s sharing of personally identifiable information;
7.
Prominently display on the State unit’s website clear and comprehensive notice informing the public of the State unit’s practices and activities regarding the use of personally identifiable information;
8.
Adopt a privacy governance and risk management program; and
9.
Take reasonable steps to:
i.
Ensure that personally identifiable information collected is accurate, relevant, and timely; and
ii.
Collect only the personally identifiable information that is relevant and necessary to address the legally authorized purpose of the collection.
D.
The agency privacy officers shall meet at least monthly to provide the SCPO with advice and recommendations about State policies needed to protect the privacy of personally identifiable information
E.
On or before April 1 of each year, each State unit shall submit a report to the SCPO that includes:
1.
An inventory of all information systems and applications used or maintained by the State unit;
2.
A full data inventory of the State unit;
3.
A list of all cloud services used by the State unit; and
4.
A list of all permanent and transient vendor interconnections that are in place.
History: Effective date: July 29, 2021
Executive Order .11 Maryland Total Human-Services Integrated NetworkLinkCopy Citation
(Amended by Executive Order 01.01.2022.03)
A.
The following terms have the meanings indicated:
1.
“Operator” means the unit of State government designated by the MD THINK Committee to develop, maintain, and operate:
i.
The Platform; and
ii.
Business products, applications, data, and services in the Portfolio, as may be agreed to with Participating Units.
2.
“Participating Unit” means a unit of State government approved by the MD THINK Committee that:
i.
Operates business products, applications, data, or services on the Platform;
ii.
Contributes funding to support the development, operation, and maintenance of the Platform; and
iii.
Executes an agreement for access to, or operation or use of, the business products, applications, data, and services hosted and managed on the Platform.
3.
“Platform” means the MD THINK platform composed of the servers, network infrastructure, software, and application components established, developed, maintained, and operated to host and manage the Portfolio.
4.
“Portfolio” means the business products, applications, data, and services hosted and managed on the Platform, as directed by the MD THINK Committee.
5.
“Strategic Initiatives Office” means a management office to support the MD THINK Committee established within the Operator for administrative, staffing, and budgetary purposes.
B.
MD THINK Committee.
1.
There is a MD THINK Committee of the Governor’s Executive Council.
2.
The members of the MD THINK Committee shall be:
i.
The Secretary of Budget and Management;
ii.
The Secretary of Human Services;
iii.
The Secretary of Information Technology;
iv.
The Secretary of Juvenile Services; and
v.
The Secretary of Health.
3.
The Governor or his designee shall chair the MD THINK Committee.
4.
The MD THINK Committee shall:
i.
Promote the appropriate sharing of data among units of State government;
ii.
Set policy, objectives, and priorities for, and govern, MD THINK and its data and information, and Platform technology assets;
iii.
Be responsible for the protection, privacy, and appropriate use of shared data and personal information on the Platform;
iv.
Designate the Operator;
v.
Establish working groups;
vi.
Support the Two Generation Family Economic Security Commission in transforming the State’s interactions with families, mitigating multigenerational poverty, and promoting family wellbeing;
vii.
Make recommendations for State policies and the delivery of services to those who have had adverse childhood experiences so as to reduce their effects; and
viii.
Produce a report to the Governor, on or before December 15 of each year, addressing:
1)
Its activities and plans in regards to data sharing in the State;
2)
The impact of its work on Maryland citizens; and
3)
Recommendations for future Executive Branch actions to support increased collaboration in the delivery of health and human services.
C.
The Platform shall be developed, maintained, and operated to:
1.
Provide support to Participating Units, in accordance with the policies, objectives, and priorities established by the MD THINK Committee;
2.
Conform to modernized and current business and technological standards; and
3.
Host and manage modernized applications and shared data for the Medicaid Modernization Transformation program for the delivery of Medicaid administrative services.
D.
The Strategic Initiatives Office shall:
1.
Coordinate and manage the work and activities of the MD THINK Committee;
2.
Assess the Platform and Portfolio’s compliance with the policies, objectives, and priorities of the MD THINK Committee; and
3.
Report to the MD THINK Committee about:
i.
Its activities, including any support provided to information privacy or data sharing programs of the State;
ii.
Progress on achieving the MD THINK Committee’s objectives and priorities;
iii.
The implementation, maintenance, and operation of the Platform;
iv.
The products, applications, data, and services in the Portfolio, including their availability to specific Participating Units;
v.
Any products, applications, data, or services that are no longer needed once hosted on the Platform, including the anticipated termination dates for each;
vi.
All agreements with Participating Units, including the expiration of those agreements;
vii.
Proposals for any new or additional Participating Units; and
viii.
Recommendations for objectives and priorities.
E.
The MD THINK Committee, Operator, and Strategic Initiatives Office shall act in accordance and consistently with the Secretary of Information Technology’s information technology policies, procedures, and standards and the Statewide Information Technology Master Plan.
F.
Data on the Platform shall be shared for authorized business and technical purposes to the maximum extent consistent with appropriate security and privacy practices and standards.
History: Effective date: July 29, 2021
Executive Order .12 State Coordination of State Small Business Credit InitiativeLinkCopy Citation
A.
The State’s Department of Housing and Community Development is designated as the entity responsible for the administration of the State Small Business Credit Initiative (SSBCI) in the State.
B.
The Secretary of the Department of Housing and Community Development is designated as the official responsible for signing the application and any agreements required to be signed by the State in connection with the application, approval and administration of the SSBCI, including any requests to modify the application and agreements after execution.
History: Effective date: December 29, 2021