SB 1249 Summary

• Amends Arizona Revised Statutes section 16-938 to modify the enforcement process for campaign finance violations, establishing that filing officers investigate alleged violations and refer matters to enforcement officers (attorney general, county attorney, or city/town attorney).

• Prohibits filing officers and enforcement officers from ordering registration as a committee or using audit/subpoena powers before a reasonable cause determination is made; allows only voluntary production of evidence and witness attendance.

• Authorizes enforcement officers to conduct investigations using subpoena powers only after receiving a referral, with penalties equal to the value of money received or spent in violation, or up to three times that amount for violations with special circumstances.

• Changes the appeal process from administrative hearings under title 41, chapter 6, article 10 to direct appeals to superior court, where the court conducts a trial de novo and the enforcement officer bears the burden of proof by preponderance of the evidence.

• Allows alleged violators twenty days to take corrective action and avoid penalties; establishes effective date of December 31, 2018.