(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.

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

(1) annually; and

(2) at any other time on request of the Ethics Commission.

(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) the secretary of a principal department in the Executive Branch;

(2) the president of a public senior higher education institution, as defined in § 10-101 of the Education Article; and

(3) a unit of State government.