Prince Edward Island Lobbying Law Effective April 1, 2019

George Ticoras, Esq.
Research Associate 

The new lobbying law for the province of Prince Edward Island is scheduled to come into force April 1, 2019, according to the Department of Justice and Public Safety. Bill No. 24, the Lobbyist Registration Act, was passed in December 2017 during the third session of the 65th General Assembly of the Prince Edward Island Legislative Assembly and has already received Royal Assent. Currently the province is setting up an Office of the Lobbyist Registrar.

Upon the Act coming into force, consultant lobbyists, in-house lobbyists, and employers of in-house lobbyists will be required to register with the registrar when communicating with a public office holder, directly or through grassroots communications, in an attempt to influence them on a variety of issues. Additionally, a consultant lobbyist will be required to register when communicating with a public office holder to influence the awarding of any contract by or on behalf of the Crown or arrange a meeting between a public office holder and any other person. Registrants will be required to file returns with the registrar every six months detailing the relevant subject matters lobbied, including legislative and regulatory proposals; the techniques of communication the lobbyist has used or expects to use to lobby; the employer or client for which the registrant is lobbying; and the identification of entities or persons paying more than $750 per fiscal year to the registrant to lobby.

Lobbying on a contingency fee basis is prohibited for consultant lobbyists and former public office holders are prohibited from lobbying for a period of six months after leaving office. Penalties for violations of the Act include fines up to $25,000. Each of Canada’s 10 provinces have laws regulating lobbying.

[The details for this article will be updated on our website in the Lobbying Compliance Laws and Procurement Lobbying Compliance Laws for Prince Edward Island.]

Summary of Changes UPDATE
Note Recent Changes to Compliance Regulations 

Michael Beckett, Esq., Research Manager

BALTIMORE, MARYLAND: City Council passed an ethics bill introduced by City Councilman Zeke Cohen. Ordinance No. 18-0230, also known as the Transparency in Lobbying Act, became law without the mayor’s signature on December 3. The ordinance requires lobbyists to file reports twice a year and affirmatively identify their clients when approaching city government officials. Additionally, any lobbyist violating the act may be banned for a period of three years. An amendment was adopted to delay the effective date of the reporting provisions. As a result, lobbyists will file the annual report due January 31, 2019. Following the 2019 annual report, lobbyists will likely report semiannually beginning with a report due on July 31, 2019. The bill will be effective March 3, 2019, but the section impacting reporting requirements will be effective March 3 or 30 days from a viable online reporting system being implemented, whichever is later.

HAWAII: The Ethics Commission will launch a new electronic filing system for lobbying registrations and disclosures beginning in January 2019, allowing lobbyists and organizations to register online for the 2019-2020 legislative biennium. Lobbyists who plan to continue lobbying in 2019 must renew registrations by Monday, January 28, 2019. Commission staff are available to assist lobbyists who have already registered for the 2019-2020 lobbying period via a paper filing. Lobbying expenditure reports for 2019 may be submitted electronically through the new e-filing system as early as March 2019.

MISSOURI: A panel of the U.S. Court of Appeals for the Eighth Circuit affirmed a district court ruling that Missouri statutes regarding lobbyist registration and reporting were constitutional. In Calzone v. Summers, the U.S. Court of Appeals for the Eighth Circuit upheld the decision of U.S. District Court for the Western District of Missouri finding the First Amendment does not shield unpaid individuals designated to act as lobbyists from registration and reporting requirements under sections 105.470 and 105.473 of the Missouri Revised Statutes.

PORTLAND, OREGON: Mayor Ted Wheeler submitted to City Council a proclamation stating the recently passed campaign finance ballot measure is enacted and in effect. The Honest Elections City of Portland Charter Amendment prohibits corporate contributions and limits contributions from individuals and committees to $500 per election cycle. The measure also caps independent expenditures and is likely to face legal challenge. City Council is expected to submit the measure to the local circuit court for validation early next year.

YUKON TERRITORY, CANADA: Yukon will likely have its first lobbying law sometime in 2019. Bill No. 23, the Lobbyist Registration Act, received Royal Assent in November, but is not yet in effect. The Act will come into force on a day or days to be fixed by the commissioner in executive council. Upon the Act coming into force, consultant lobbyists and in-house lobbyists will be required to register. Registration will be required for individuals communicating with a public office holder, directly or through grassroots communications, for attempting to influence. Additionally, a consultant lobbyist will be required to register when arranging a meeting between a public office holder and any other person for the purposes covered by the Act. There are two revolving door provisions in the Act. For the six-month period after ceasing to be in office, a former public office holder is prohibited from lobbying as a consultant lobbyist, but he or she is not prohibited from immediately lobbying as an in-house lobbyist. Additionally, a consultant lobbyist is prohibited from becoming an employee of Yukon’s public service for six months after termination of lobbyist registration. Penalties for violations of the Lobbyist Registration Act include fines up to $25,000 for the first violation and up to $100,000 for each subsequent violation.

Legislation We Are Tracking

At any given time, more than 1,000 legislative bills, which can affect how you do business as a government affairs professional, are being discussed in federal, state, and local jurisdictions. These bills are summarized in State and Federal Communications' digital encyclopedias for lobbying laws, political contributions, and procurement lobbying and can be found in the client portion of our website.

Summaries of major bills are also included in monthly email updates sent to all clients. The chart below shows the number of bills we are tracking in regard to lobbying laws, political contributions, and procurement lobbying.

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State and Federal Communications’ Experts Answer Your Questions

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State and Federal Communications, Inc.
Scrapbook - January 2019

I was reminded over the 2018 holidays -
You Can't Make Old Friends.

Pam Anderson, Judith Zimomra, Elizabeth Bartz,
and Diane Laney Fitzpatrick - Kent State Alumni & Friends
 

I love seeing former interns.

Former State and Federal Communications Interns:
Luke Hall, Scott Hall, Elizabeth Bartz,
and Jerry Hall.

Attendees (l - r) Michael Beckett, Esq., Research Manager; Amber Fish Linke, Esq., Director, Client and Product Operations; Elizabeth Z. Bartz, President and CEO; Myra Cottrill, Esq., Client Specialist; and Jim Sedor, Editor.

John Dean, Akron, OH native, New York Times
 Bestselling Author, & former White House Counsel
to President Nixon with Elizabeth Z. Bartz at COGEL..

Plan to say hello at future events where State and Federal Communications, Inc.
will be attending and/or speaking regarding compliance issues.