41-2754

41-2754. Commission on privatization,
efficiency and competition; members; terms; compensation; duties;
staff; judicial review

A. The commission on privatization, efficiency and competition is established
consisting of the following members:

1. The chief executive or administrative officer of one state agency who is
appointed by the governor or the executive's or officer's designee.

2. One member who is appointed by the governor to be the representative of the
community colleges.

3. One member who is appointed by the Arizona board of regents.

4. One member who is appointed by the governor to be the representative of state
employees covered under chapter 4, articles 5 and 6 of this title.

5. Six members who are engaged in private enterprise, at least three of whom
represent the small business community. The speaker of the house of representatives, the
president of the senate and the governor shall each appoint two members, and of the two
appointed by each at least one shall be representative of the small business community.

B. Terms of appointment to the commission are for two years unless the chief
executive or administrative officer of a state agency ceases to hold such office. In that
case, the governor shall appoint a replacement member for the remainder of the unexpired
term.

C. Members of the commission appointed pursuant to subsection A, paragraph 5 of
this section are not eligible to receive compensation but are eligible for reimbursement
of expenses pursuant to title 38, chapter 4, article 2.

D. The commission shall:

1. Select a chairperson from among its members.

2. Meet at least four times each year at the state capitol and hold additional
hearings as may be necessary on the call of the chairperson.

3. Receive written complaints of violations of this article.

4. Transmit complaints received under paragraph 3 of this subsection to the state
agency, university or community college district alleged to be in violation.

5. Hold public hearings on complaints and determine whether the agency, university
or community college district is in violation of this article.

6. Within ninety days after receiving the state agency's response, issue a written
report of its findings to the complainant.

7. Transmit a complete report of each meeting to the legislature and the governor,
including recommendations to remedy violations of prohibitions on competition with
private enterprise and findings on necessary exceptions to the prohibitions.

E. The commission may receive, but shall not consider, a complaint relating to a
university or community college district until the complaint has been filed with the
state governing board under section 41-2753, subsection D and the state governing board
has rendered a decision.

F. The state agency, university or community college district shall respond to the
commission in writing within forty-five days after receipt of a complaint transmitted
under subsection D, paragraph 4 of this section and shall either deny or concur with the
complaint and indicate any necessary and contemplated remedial measures. When a specific
complaint concerning section 41-2753, subsection A, paragraph 1 is received by the
commission regarding the providing of goods, services or facilities as a valuable
educational or research experience for its students or to fulfill its public service
mission, a community college district or university shall file with the response to the
commission either a written description of what it believes is the valuable educational
or research experience for its students or a written description of this public service
mission, as applicable.

G. The commission may evaluate and review opportunities to contract with private
enterprise that are deemed to be in the public interest. The public agencies offering
services subject to review shall be involved as participants in the evaluation
process. The commission may hold public hearings as a part of its evaluation process and
shall report its recommendations to the legislature and the governor.

H. The commission shall solicit petitions of interest from private sector service
providers as the commission deems appropriate. The commission may evaluate and review the
petitions and may hold public hearings as part of the evaluation process. The commission
may recommend some or all of the petitions to the governor's office of management and
budget for further review pursuant to section 41-2773. A person does not have a cause of
action based on the failure of the commission to consider a petition of interest or to
make a recommendation. This subsection does not apply to the Arizona board of regents,
the universities under its jurisdiction or community college districts.

I. The commission may evaluate and review all state agency exemptions and
exceptions to the restrictions on competition with private enterprise in this article and
may determine that any function or functions of a state agency, university or community
college district are a violation of this article. The commission shall report its
findings and recommendations to the legislature and the governor.

J. At the request of the commission, the office for excellence in government,
established by executive order, or its successor, shall provide such staff support as is
funded by legislative appropriation to the office to carry out the commission's duties
pursuant to this section. The auditor general shall provide performance audit
information relating to state agency, university and community college district budgets
and functions that the auditor general has available without additional contact with
state agencies through the legislative review of agencies pursuant to chapter 27 of this
title.

K. Except as provided by section 41-2753, subsection D, any aggrieved person may
elect to directly seek judicial relief, including relief under section 12-2030.