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*hb0262*
HOUSE BILL 262
S1 6lr0270
(PRE–FILED) CF SB 200
By: Chair, Government, Labor, and Elections Committee (By Request –
Departmental – Information Technology)
Requested: September 26, 2025
Introduced and read first time: January 14, 2026
Assigned to: Government, Labor, and Elections
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 23, 2026
CHAPTER ______
AN ACT concerning 1
State Government – Council for Open Data – Membership and Responsibilities 2
FOR the purpose of renaming the Council on Open Data to be the Council for Open Data; 3
altering the membership, member terms, and responsibilities of the Council; and 4
generally relating to the Council for Open Data. 5
BY repealing and reenacting, without amendments, 6
Article – State Government 7
Section 10–1501(a) 8
Annotated Code of Maryland 9
(2021 Replacement Volume and 2025 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – State Government 12
Section 10–1501(b) and (c), 10–1503, and 10–1504 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2025 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – State Government 18
2 HOUSE BILL 262
10–1501. 1
(a) In this subtitle the following words have the meanings indicated. 2
(b) “Council” means the Council [on] FOR Open Data. 3
(c) (1) “Data” means [final versions of] statistical or factual information that: 4
(i) are in alphanumeric or geospatial form reflected in a list, table, 5
graph, chart, map, or other nonnarrative format that can be digitally transmitted or 6
processed; 7
(ii) are regularly created or maintained by or on behalf of a 8
governmental entity; and 9
(iii) records a measurement, transaction, or determination or provide 10
information on government services, initiatives, and resources related to the mission of the 11
covered governmental entity. 12
(2) “Data” does not include draft versions of statistical or factual 13
information that are used for internal analysis by a governmental entity. 14
10–1503. 15
(a) There is a Council [on] FOR Open Data. 16
(b) The Council consists of the following [37] 11 members: 17
[(1) the Secretary of Agriculture; 18
(2) the Secretary of the Environment; 19
(3) the Secretary of Natural Resources; 20
(4) the Secretary of Planning; 21
(5) the Secretary of Transportation; 22
(6) the Secretary of Housing and Community Development; 23
(7) the Secretary of Commerce; 24
(8) the Secretary of General Services; 25
(9) the State Superintendent of Schools; 26
(10) the Secretary of Health; 27
HOUSE BILL 262 3
(11) the Secretary of Information Technology; 1
(12) the Secretary of Public Safety and Correctional Services; 2
(13) the Secretary of State Police; 3
(14) the Director of Assessments and Taxation; 4
(15) the Secretary of Budget and Management; 5
(16) the Adjutant General of the Military Department; 6
(17) the Secretary of Emergency Management; 7
(18) the Secretary of Labor; 8
(19) the Secretary of Human Services; 9
(20) the Director of the Governor’s Office of Performance Improvement; 10
(21) the Governor’s Homeland Security Advisor; 11
(22) the Executive Director of the Governor’s Office of Crime Prevention and 12
Policy; 13
(23) the Executive Director of the Maryland Institute for Emergency 14
Medical Services Systems; 15
(24) the Executive Director of the Department of Legislative Services; 16
(25) the State Archivist;] 17
[(26)] (1) one member of the Senate of Maryland, appointed by the 18
President of the Senate; 19
[(27)] (2) one member of the House of Delegates of Maryland, appointed by 20
the Speaker of the House; 21
(3) THE STATE CHIEF DATA OFFICER; 22
[(28)] (4) [five] THREE elected officials or employees from local entities 23
who have knowledge of and interest in open data, appointed by the Governor in accordance 24
with subsections (d) and (e) of this section; and 25
4 HOUSE BILL 262
[(29)] (5) five members from the private, private utility, aca demic, or 1
nonprofit sectors who have knowledge of and interest in open data, appointed by the 2
Governor in accordance with subsection (e) of this section THAT INCLUDES: 3
(I) AT LEAST ONE MEMBER FROM THE UNIVERSITY SECTOR; 4
(II) AT LEAST ONE MEMBER FROM THE PRIVATE SECTOR; AND 5
(III) AT LEAST ONE MEMBER FROM THE NONPROFIT SECTOR. 6
(c) If a member of the Council [listed in subsection (b)(1) through (24) of this 7
section] is unable to attend a meeting of the Council, the member may: 8
(1) IF THE MEMBER IS LISTED IN SUBSE CTION (B)(1) OR (2) OF THIS 9
SECTION, DESIGNATE A STAFF MEMBER WHO REPORTS DIRECTLY TO THE MEMBER 10
TO ATTEND THE MEETING; OR 11
(2) IF THE MEMBER IS LIS TED IN SUBSECTION (B)(3) OF THIS 12
SECTION, designate [the Chief Information Officer or ] another senior management staff 13
member of the agency or organization to attend the meeting. 14
(d) Of the [five] THREE elected officials or employees from local entities 15
appointed by the Governor under subsection [(b)(28)] (B)(4) of this section, one shall 16
represent each of the following groups of counties: 17
(1) Allegany County, CARROLL COUNTY, Frederick County, Garrett 18
County, and Washington County; 19
[(2) Caroline County, Cecil County, Dorchester County, Kent County, 20
Queen Anne’s County, Somerset County, Talbot County, Wicomico County, and Worcester 21
County; 22
(3)] (2) Anne Arundel County, BALTIMORE CITY, BALTIMORE 23
COUNTY, Calvert County, Charles County, [and] HOWARD COUNTY, MONTGOMERY 24
COUNTY, PRINCE GEORGE’S COUNTY, AND St. Mary’s [County; 25
(4) Montgomery County and Prince George’s] County; and 26
[(5)] (3) [Baltimore City, Baltimore County, Carroll County,] CAROLINE 27
COUNTY, CECIL COUNTY, DORCHESTER COUNTY, Harford County, KENT COUNTY, 28
QUEEN ANNE’S COUNTY, SOMERSET COUNTY, TALBOT COUNTY, WICOMICO 29
COUNTY, and [Howard] WORCESTER County. 30
(e) (1) This subsection applies to members of the Council appointed under 31
subsection [(b)(28)] (B)(4) and [(29)] (5) of this section. 32
HOUSE BILL 262 5
(2) The term of a member is 4 years[, except that five members may serve 1
an initial 3–year term as required by the terms provided for staggered members of the 2
Council on July 1, 2014]. 3
(3) At the end of a term, a member continues to serve until a successor is 4
appointed and qualifies. 5
(4) A member who is appointed after a ter m has begun serves only for the 6
rest of the term and until a successor is appointed and qualifies. 7
(5) A member may not serve more than two consecutive terms. 8
(6) The Governor may remove a member for neglect of duty, incompetence, 9
or misconduct. 10
(f) A member of the Council may not receive compensation but is entitled to 11
reimbursement for expenses under the Standard State Travel Regulations as provided in 12
the State budget. 13
(g) [(1)] The [Secretary of Information Technology ] STATE CHIEF DATA 14
OFFICER is the Chair of the Council. 15
[(2) The Director of the Governor’s Office of Performance Improvement is 16
the Vice Chair of the Council.] 17
(h) The staffing responsibilities of the Council shall be shared by the Department 18
of Information Technology[, the Governor’s Office of Performance Improvement,] and any 19
[other] staff designated by the Governor. 20
(i) The Council may establish workgroups as necessary to complete the duties of 21
the Council. 22
(j) The Council shall meet at least twice each year. 23
10–1504. 24
(a) The Council shall promote the policy established under § 10 –1502 of this 25
subtitle by: 26
(1) providing guidance and policy recommendations and when appropriate 27
recommend legislation and regulations for: 28
(i) procedures, standards, and other delive rables for open data, 29
including for open data portals; 30
6 HOUSE BILL 262
(ii) promotion, advertising, and marketing of open data; and 1
(iii) best practices for sharing open data while taking into account 2
privacy and security concerns; 3
(2) ADVISING ON DATA INITIATIVES AND PRIORITIES; 4
(3) IDENTIFYING AND EXPL ORING THE MEANS BY W HICH 5
PARTNERSHIPS MAY BE DEVELOPED AND STRENGTHENED TO CONNECT MARYLAND 6
DATA WITH COMMUNITIES AND SOCIAL SERVICE ORGANIZATIONS; 7
[(2)] (4) coordinating the appropriate staff at ea ch State entity for the 8
development, maintenance, and use of open data and open data portals; 9
[(3)] (5) (i) identifying the collective cost of operating and investing in 10
open data and funding mechanisms to support open data; and 11
(ii) advising the Governor and General Assembly on budget matters 12
related to open data; 13
[(4)] (6) inviting and encouraging local entities and the legislative and 14
judicial branches to: 15
(i) use open data portals established by State entities; 16
(ii) create their own open data portals; and 17
(iii) adopt policies consistent with the policy established under § 18
10–1502 of this subtitle; 19
[(5)] (7) establishing a plan for providing all open data to the public at no 20
cost; 21
[(6)] (8) advocating for sound records management and data preservation 22
practices; and 23
[(7)] (9) making recommendations to ensure that the purchase of new 24
data processing devices, systems, and software by the State includes a review of compliance 25
with the open data policy established under § 10–1502 of this subtitle and interoperability 26
with current technology used by the State. 27
(b) On or before January 10 of each year, the Council shall report to the Governor 28
and the General Assembly, in accordance with § 2 –1257 of this article, on the activiti es of 29
the Council for the previous year and any recommendations for legislation. 30
HOUSE BILL 262 7
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
1, 2026. 2
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.