# State Finance and Procurement (GSF)

## Title 5. State Planning

### Subtitle 2. Organization of Department and General Authority of Secretary

#### Section 5-201

(a) There is a Department of Planning, established as a principal department of the State government.

(b) The head of the Department is the Secretary of Planning, who shall be appointed by the Governor with the advice and consent of the Senate.

(c) The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor.

(d)

  (1) The Secretary shall advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor's policies on these matters.

  (2) The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient operation of the Department.

  (3) The Secretary may establish, reorganize, or abolish areas of responsibility in the Department as necessary to fulfill the duties assigned to the Secretary.

(e) The Secretary is entitled to the salary provided in the State budget.

#### Section 5-202

(a) The Secretary may employ a staff in accordance with the State budget.

(b) Each staff assistant in charge of a particular area of responsibility and each professional consultant is in the executive service, management service, or is a special appointment in the State Personnel Management System and is appointed by and serves at the pleasure of the Secretary.

(c) Except as provided in subsection (b) of this section or otherwise by law, the Secretary shall appoint and remove all other staff in accordance with the provisions of the State Personnel and Pensions Article.

(d)

  (1) The Secretary may review any personnel action taken by any unit in the Department.

  (2) The appointment or removal of personnel by a board, division, or other agency within the jurisdiction of the Department is subject to the approval of the Secretary.

  (3) The Secretary may delegate the power of approval to the heads or governing bodies of the boards, commissions, divisions, or other agencies within the jurisdiction of the Department.

#### Section 5-203

(a) The Secretary is responsible for the budget of the Department.

(b)

  (1) The Secretary may adopt regulations for the Department.

  (2) The Secretary shall review and shall have the power to approve or disapprove or revise the regulations of all boards, commissions, divisions, and other agencies within the jurisdiction of the Department.

(c) In addition to the meetings of any board or commission within the Department that are provided for by law or are called by the chair of the board or commission, the Secretary, whenever appropriate, may call a meeting of a board or commission to consider any subject that the Secretary considers necessary and proper.

(d) All boards, commissions, divisions, and other agencies of the Department shall report to the Secretary or the Secretary's designee as provided in regulations or written directives of the Secretary.

(e) The Secretary may create any citizens' advisory body that the Secretary considers necessary for the operation of the Department.

(f) The Secretary shall have a seal.

(g)

  (1) The Secretary is responsible for the comprehensive planning of programs and services of the Department.

  (2) The Secretary shall review and approve or disapprove the plans of the units in the Department.

(h) The Secretary or a staff member of the Department designated by the Secretary shall have access to information that relates to State planning in the possession of any unit of the State government, of a regional government, or of a local government.

(i) If the entry is made in a manner so as to cause no unnecessary injury, the Secretary or a staff member of the Department designated by the Secretary may enter, at any reasonable hour, on any land in order to make examinations and surveys that relate to State planning.

(j) After providing adequate public notice, the Secretary shall hold hearings on matters of State planning whenever it is in the public interest to do so.

(k) In the interest of intergovernmental cooperation, the Secretary shall attend:

  (1) meetings of regional planning commissions;

  (2) interstate planning conferences; and

  (3) other planning conferences.

(l) The Secretary may contract for professional or consultant services for work related to State planning as provided in the State budget.

(m) The Secretary may exercise any power necessary and proper to discharge the Secretary's duties.

#### Section 5-204

(a) The Attorney General is legal advisor to the Department.

(b)

  (1) The Attorney General shall assign to the Department the number of assistant Attorneys General authorized by law to be assigned to the Department and any additional ones necessary to give effective legal advice and counsel.

  (2) The Attorney General also shall designate an assistant Attorney General as Counsel to the Department.

(c)

  (1) The Counsel to the Department may have no duty other than:

    (i) to give the legal aid, advice, and counsel required by the Secretary and any other official of the Department;

    (ii) to supervise the other assistant Attorneys General assigned to the Department; and

    (iii) to perform for the Department the duties that the Attorney General assigns.

  (2) The Counsel shall perform these duties subject to the control and supervision of the Attorney General.

  (3) After the Attorney General designates the Counsel to the Department, the Attorney General may not reassign the Counsel without consulting the Secretary.

#### Section 5-205

(a) For each fiscal year, the Governor may include in the annual budget bill an appropriation of $1,000,000 to the Department to provide a grant to the Maryland Humanities Council to be used for the Marilyn Hatza Memorial Strengthening the Humanities Investment in Nonprofits for Equity (SHINE) Grantmaking Initiative.

(b) The funds provided under subsection (a) of this section shall be used by the Maryland Humanities Council to provide general operating grants to small and mid-size humanities, arts, cultural, and educational nonprofit organizations.

(c) During the grant selection and award process, the Maryland Humanities Council shall:

  (1) consider the geographic and racial diversity of potential recipients; and

  (2) award grants on a one-time or multiyear basis.

(d) On or before December 31 each year, the Maryland Humanities Council shall submit an annual report to the Department that includes the following information for the calendar year:

  (1) the names of the grant recipients;

  (2) the number of grant recipients by jurisdiction;

  (3) the amounts of each grant awarded; and

  (4) information from each grant recipient regarding the purposes for which the funds were expended, including how the recipient used the funds to:

    (i) create or preserve jobs;

  (ii) support or maintain general operations; and

  (iii) create or sustain humanities programs.

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Md. Code Ann., State Fin. & Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)