1. (a) With advice from the Secretary of Budget and Management and in accordance with § 5-103 of this title, the Ethics Commission shall determine whether an individual in an executive unit is a public official for the purposes of this title.

2. (b) The Secretary of Budget and Management shall provide advice under subsection (a) of this section to the Ethics Commission:

   1. (1) annually; and
   2. (2) at any other time on request of the Ethics Commission.

3. (c) On request of the Ethics Commission, the following entities shall provide to the Ethics Commission in a timely manner any information necessary for the Ethics Commission to make a determination under subsection (a) of this section:

   1. (1) the secretary of a principal department in the Executive Branch;
   2. (2) the president of a public senior higher education institution, as defined in § 10-101 of the Education Article; and
   3. (3) a unit of State government.

Added by Acts 2014, c. 94, § 2, eff. Oct. 1, 2014. Amended by Acts 2020, c. 87, § 1, eff. Oct. 1, 2020.