An Act to Update
Maine Legislature, Session 132, LD 2092
Committee Amendment CA_A_H1006 (House)
Amends: 5 MRSA §1974, 5 MRSA §1975

COMMITTEE AMENDMENT " /^ " to H.P. 1407, L,D, 2092, "An Act to Update
Certain Terms and References Regardmg Information Technology and Cybersecurity"
Amend the bill by striking out all of sections 5 and 6.
Amend the bill by striking out all of section 10,
Amend the bill m section 12 in subsection 1 in the 5th and 6th lines (page 2, lines 31
and 32 iu. L.D.) by striking out the following: "date-jweeesswg mfonnation technology
products, hardware, software" and inserting the following; data processing
Amend the bill by sfriking out all of sections 13 to 17 and insertiug the following:
'See. 13. 5 MRSA §1974, sub-§2, as enacted by PL 2001,c.388, §14, is amended
to read;
2. Develop training and development programs in data processing. The Chief
Information Officer, or the Chief Information Officer's designee. is responsible for
developing training and development programs for state employees in data processing and
for the implementation of these programs.
Sec. 14. 5 MRSA §1974, sub-§3, as amended by PL 2005, c. 12, Pt, SS,§12, is
further amended to read:
3. Develop and administer written standards for data processing and
telecommunications. The Chief Information Officer^or the Chief Information Officer's
desigaee. shall develop and administer written standards for data processing and
telecommunications. These written standards pertain to:
A. Acquisition of equipment;
B. Acquisition of computer software and systems;
C. Development of computer systems and computer programs;
D. Computer operations; aad
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "A " to H.P.1407, L.D.2092
D-l. Information security and cybersecuritv policies, procedures and related
orierations; and
E. Any other standards determined necessary by the Chief Information Officer and the
bewd.
Sec. 15. 5 MRSA §1975, as amended by PL 2005, c. 12, Pt. SS, §15, is further
amended to read:
§1975. Noacompliance
The purchase of data processing equipment, software or services or internal systems
development efforts may not be made except in accordance with this chapter. An agency
may not purchase any data processing equipment, software or services without the prior
written approval of the commissioner or the Chief Information Officer or the Chief
Information Officer's designee. The State Controller may not authorize payment for data
processing equipment, software or services without evidence of prior approval of the
purchases by the commissioner or the Chief Information Officer or the Chief Information
Officer's desienee.
1. Noncompliance defined. A state agency is in noncompliance with this chapter if
the agency:
A. Purchases data processing equipment, software or services in noncompliance with
this chapter; or
B. Fails to adhere to the data processing standards established by the commissioner
and the Chief Information Officer or the Chief Information Officer's desienee.
2. Penalty. Any state agency found to be in noncompliance as defmed in this section
is prohibited from acquiring or purchasing data processing equipment, software and
services until the commissioner or the Chief Information Officer determines that the state
agency is in compliance with this chapter.
Notwithstanding the provisions of this section, the commissioner or the Chief Information
Officer may act to acquire or purchase data processing equipment, software and services
to maintam or meet the emergency needs of a state agency,
3. Cybersecuritv services. Notwithstanding the requirements of sections 1553 and
1825-B. or any other statutory or regulatory Drovisions to the contraiy, the Chief
Information Officer, after reasonable mvestiRatiQn, may procure cvbersecuritv services on
a retainer basis when determined necessary to ensure the State is prepared to detect^m-event
and respond to cvberattacks,'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
5 number to read consecutively.
SUMMARY
This amendment, which is the majority report of the committee, amends the bill by
retaining certain language in current law governing the Department of Administrative and
Financial Services, Office of Information Technology relating to the mission, duties and
responsibilities of the office of the Chief Information Officer. The amendment also retains
COMMITTEE AMENDMENT
•A-"toH,P.
COMMITTEE AMENDMENT "A-" to H.P. 1407, L.D, 2092
certain language in current law governing noncompliance by a state agency with
*' 0^ 2 requirements for the purchase of data processing equipment.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved; 04/07/26 t^KL.
LD 2092 LR 2678(02)
An Act to Update Certain Terms and References Regarding Information Technology and
Cybersecurity
Fiscal Note for Bill as Amended by Committee Amendment1^1.'
Committee: State and Local Government /
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase - General Fund
Fiscal Detail and Notes
Any additional costs to the Department of Administrative and Financial Services to implement the provisions of this
bill are expected to be minor and can be absorbed within existing budgeted resources,
LR2678(02) - Fiscal Note - Page 1 of 1