41-2752

41-2752. State competition with private
enterprise prohibited; exceptions

A. A state agency shall not engage in the manufacturing, processing, sale, offering
for sale, rental, leasing, delivery, dispensing, distributing or advertising of goods or
services to the public that are also offered by private enterprise unless specifically
authorized by law other than administrative law and executive orders.

B. A state agency shall not offer or provide goods or services to the public for or
through another state agency or a local agency, including by intergovernmental or
interagency agreement, in violation of this section or section 41-2753.

C. The restrictions on activities that compete with private enterprise contained in
this section do not apply to:

1. The development, operation and management of state parks, historical monuments
and hiking or equestrian trails.

2. Correctional industries established and operated by the state department of
corrections if the prices charged for products sold by the correctional industries are
not less than the actual cost of producing and marketing the product plus a reasonable
allowance for overhead and administrative costs.

3. The Arizona office of tourism.

4. The Arizona highways magazine, operated by the department of transportation.

5. Printing and distributing information to the public if the agency is otherwise
authorized to do so, and printing or copying public records or other material relating to
the public agency's public business and recovering through fees and charges the costs of
such printing, copying and distributing.

6. The department of public safety.

7. The construction, maintenance and operation of state transportation facilities.

8. The development, distribution, maintenance, support, licensing, leasing or sale
of computer software by the department of transportation.

9. Agreements executed by the Arizona health care cost containment system
administration with other states to design, develop, install and operate information
technology systems and related services or other administrative services pursuant to
section 36-2925.

10. Agreements executed by the department of economic security with other states to
design, develop, install and operate support collection technology systems and related
services. The department shall deposit, pursuant to sections 35-146 and 35-147, monies
received pursuant to this paragraph in the public assistance collections fund established
by section 46-295.

11. Educational, vocational, treatment, training or work programs of the department
of juvenile corrections and contracts between the department of juvenile corrections and
this state, a political subdivision of this state or a private entity in order to provide
employment or vocational educational experience.

12. The aflatoxin control technologies of the cotton research and protection
council.

13. The lease or sublease of lands or buildings by the department of economic
security pursuant to section 41-1958.

D. The restrictions on activities that compete with private enterprise contained in
subsection A of this section do not apply to community colleges and universities under
the jurisdiction of a governing board.