HB 429 — AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF TECHNOLOGY AND INFORMATION.

Summary

Cybersecurity attacks, including data breaches, corporate theft, and sabotage perpetrated by state and non-state actors throughout the world present unique threats to Delaware residents, governments, businesses, and critical infrastructure. Statewide coordination is required to effectively ensure cybersecurity protection. Cyber-attacks have increased significantly, providing evidence that information security must be strengthened to guard against threats. The State must leverage every partnership and mechanism available to combat the growing number of cyber-attacks and breaches. Trends show attacks growing by 64% annually. 84% of organizations have experienced cyber-attacks in the last 12 months. This bill strengthens Delaware’s defenses by facilitating multi-industry coordination among critical sectors such as communications, emergency services, energy, financial services, healthcare, water, and government. The primary objectives of the Council will be to focus on sharing and analyzing cyber threat intelligence in a collaborative manner.

Bill Text

• Bill Text View text Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill establishes the Delaware Cyber Security Advisory Council to enhance cybersecurity collaboration and recommendations across various sectors in Delaware.

• § 9030C

  There is hereby established a Delaware Cyber Security Advisory Council hereinafter referred to as the "DCSAC". The DCSAC shall consist of fourteen (14) members to include the following:

  Creates the Delaware Cyber Security Advisory Council (DCSAC) with specified members.

• § 9030C

  Members serving by virtue of position may appoint a designee to serve.

  Allows members of the DCSAC to appoint designees.

• § 9030C

  Members appointed by the Governor shall serve at the pleasure of the Governor.

  Defines the term of members appointed by the Governor.

• § 9030C

  The duties of the DCSAC are to do all of the following:

  Lists the duties and responsibilities of the DCSAC.

• § 9030C

  Facilitate cross-industry collaboration to share best practices and mitigate cyber security risks related to critical infrastructure and protected systems;

  Requires the DCSAC to promote collaboration on cybersecurity best practices.

• § 9030C

  Develop recommendations for improving the overall cyber security posture across all sectors in Delaware;

  Tasks the DCSAC with developing cybersecurity improvement recommendations.

• § 9030C

  Develop recommendations for increasing information sharing between all sectors in Delaware;

  Instructs the DCSAC to enhance information sharing among sectors.

• § 9030C

  Recommend resources and possible methods to accomplish the recommendations identified in subsection (d)(3);

  Empowers the DCSAC to suggest resources for their recommendations.

• § 9030C

  Provide recommendations to the Office of the Governor regarding the interoperability of equipment, technologies, and software infrastructure related to the cyberattacks and cybersecurity;

  Mandates the DCSAC to recommend technological interoperability to the Governor.

• § 9030C

  Identify and participate in appropriate federal, multi-state, or private sector programs and efforts that support or complement its cybersecurity mission;

  Encourages the DCSAC to engage in relevant cybersecurity programs.

• § 9030C

  Liaise with the National Cybersecurity and Communications Integration Center within the United States Department of Homeland Security, other state and federal agencies, and other public and private sector entities on issues relating to cybersecurity.

  Establishes liaison responsibilities for the DCSAC with federal and state agencies.

• § 9030C

  The DCSAC may establish a subcommittee.

  Authorizes the DCSAC to create subcommittees for focused efforts.

• § 9030C

  The purpose and scope of the subcommittee will be the exchange of information about cybersecurity vulnerabilities and response plans with entities who do not wish to be publicly identified.

  Defines the purpose of any subcommittees created by the DCSAC.

• § 9030C

  The chair of the DCSAC will chair the subcommittee.

  Designates the DCSAC chair as the chair of any subcommittees.

• § 9030C

  The subcommittee will include at least three members of the DCSAC.

  Sets a minimum membership for the subcommittee from the DCSAC.

• § 9030C

  The subcommittee will provide updates to the DCSAC as determined by DCSAC.

  Requires the subcommittee to report back to the DCSAC.

• § 9030C

  The records of the subcommittee, including its summary information, findings, and recommendations, are not public records or subject to public inspection, except if shared with DCSAC.

  Establishes confidentiality for subcommittee records.

• § 9030C

  This subcommittee is not a public body subject to Chapter 100, Title 29 of the Delaware Code.

  Exempts the subcommittee from public body regulations.

• § 9030C

  The Delaware Department of Technology and Information shall provide staff and fiscal support to the DCSAC as part of the Department's ongoing responsibility.

  Mandates support from the Department of Technology and Information for the DCSAC.

Action History

1. August 10, 2018

   Signed by Governor

2. July 01, 2018

   Passed By Senate. Votes: 21 YES

3. July 01, 2018

   Suspension of Rules in Senate

4. June 27, 2018

   Reported Out of Committee (Elections & Government Affairs) in Senate with 3 On Its Merits

5. June 19, 2018

   Assigned to Elections & Government Affairs Committee in Senate

6. June 19, 2018

   Passed By House. Votes: 41 YES

7. June 19, 2018

   Amendment HA 3 to HB 429 - Passed In House by Voice Vote

8. June 19, 2018

   Amendment HA 2 to HB 429 - Stricken in House

9. June 19, 2018

   Amendment HA 1 to HB 429 - Stricken in House

10. June 14, 2018

    Amendment HA 2 to HB 429 - Introduced and Placed With Bill

11. June 07, 2018

    Amendment HA 1 to HB 429 - Introduced and Placed With Bill

12. June 06, 2018

    Reported Out of Committee (Telecommunication Internet & Technology) in House with 3 Favorable, 3 On Its Merits

13. May 30, 2018

    Introduced and Assigned to Telecommunication Internet & Technology Committee in House

Sponsors

• Brian Pettyjohn · Primary
• David P. Sokola · Primary
• Gerald W. Hocker · Cosponsor
• Ruth Briggs King · Cosponsor
• Deborah Hudson · Primary
• Paul S. Baumbach · Primary
• Edward S. Osienski · Cosponsor
• David L. Wilson · Cosponsor
• William R. Outten · Cosponsor
• Stephen Smyk · Cosponsor
• Helene M. Keeley · Cosponsor

Votes

Subjects