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Code · Maryland · State Finance and Procurement

§ 3.5-301

695 words·~3 min read·/md/state-finance-and-procurement/3-5-301·

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§3.5–301.
(a)In this subtitle the following words have the meanings indicated.
(b)“Artificial intelligence” has the meaning stated in § 3.5–801 of this title.
(c)“Cybersecurity” means processes or capabilities wherein systems, communications, and information are protected and defended against damage, unauthorized use or modification, and exploitation.
(d)“Cybersecurity strategy” means a vision, a plan of action, or guiding principles.
(1)“Development” means all expenditures for a new information technology system or an enhancement to an existing system including system:
(i)planning;
(ii)creation;
(iii)installation;
(iv)testing; and
(v)initial training.
(2)“Development” does not include:
(i)ongoing operating costs, software or hardware maintenance, routine upgrades, or modifications that merely allow for a continuation of the existing level of functionality; or
(ii)expenditures made after a new or enhanced system has been legally accepted by the user and is being used for the business process for which it was intended.
(f)“Expedited project” means a project that is not a major information technology development project that receives money from the Fund in a manner that allows for modernization projects consistent with the State Modernization Plan to move forward in a nimble and expedited manner.
(g)“Fund” means the Information Technology Investment Fund.
(h)“Information technology” means all electronic information processing, including:
(1)maintenance;
(2)networking;
(3)telecommunications;
(4)hardware;
(5)software and applications; and
(6)associated services.
(i)“Information technology services” means information provided by electronic means by or on behalf of a unit of State government.
(j)“Legacy system” means a hardware or software system that is end of support or end of life.
(1)“Major information technology development project” means any information technology development project that meets one or more of the following criteria:
(i)except as provided in paragraph
(2)of this subsection, the estimated total cost of development equals or exceeds $5,000,000;
(ii)the project is undertaken to support a critical business function associated with the public health, education, safety, or financial well–being of the residents of Maryland; or
(iii)the Secretary determines that the project requires the special attention and consideration given to a major information technology development project due to:
1. the significance of the project’s potential benefits or risks;
2. the impact of the project on the public or local governments;
3. the public visibility of the project; or
4. other reasons as determined by the Secretary.
(2)“Major information technology development project” does not include:
(i)technology that is reoccurring, standard operating technology as determined by the Secretary and submitted to the Legislative Policy Committee for a 30–day review and comment period; or
(ii)a project with an estimated total cost of development that is:
1. less than $5,000,000 and is funded with money set aside for expedited projects in the Fund; or
2. more than $5,000,000 and is funded with the money set aside for expedited projects in the Fund if the Secretary determines that:
A. the unit of State government has sufficient implementation resources, including human capital, subject matter expertise, and technological infrastructure, or has the means to obtain these resources before project initiation;
B. there is no sufficient alternative within the State’s information technology inventory; and
C. the project will result in a comprehensive solution designed to meet a cohesive set of business and technological objectives.
(l)“Master plan” means the statewide information technology master plan and statewide cybersecurity strategy.
(m)“Nonvisual access” means the ability, through keyboard control, synthesized speech, Braille, or other methods not requiring sight to receive, use, and manipulate information and operate controls necessary to access information technology in accordance with standards adopted under § 3.5–303(b) of this subtitle.
(n)“Resource sharing” means the utilization of a State resource by private industry in exchange for the provision to the State of a communication service or other consideration.
(o)“State Modernization Plan” means the plan developed and adopted by the Secretary to modernize State information technology.
(p)“Systems development life cycle plan” means a plan that defines all actions, functions, or activities to be performed by a unit of State government in the definition, planning, acquisition, development, testing, implementation, operation, enhancement, and modification of information technology systems.
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