Authority: Discretionary Inclusion.

A. The Director, Department of Planning and Budget, is authorized to transfer general fund and nongeneral fund appropriations from Executive Department agencies, other than institutions of higher education, to the Virginia Information Technologies Agency. These transfers represent funds appropriated to agencies for information technology resource expenses that have been identified by the Secretary of Technology for transfer to the Virginia Information Technologies Agency. The State Comptroller shall transfer cash consistent with these appropriation transfers.

B. 1.a. The Director, Department of Planning and Budget, is authorized to transfer general fund and nongeneral fund positions identified by the Secretary of Technology in the Executive Department agencies, other than institutions of higher education, as technology-related positions to the Virginia Information Technologies Agency. An information technology employee is any full-time or part-time classified, wage, or contractual employee in a state agency, the majority of whose actual job duties involves information technology.

b. The Governor shall provide to the Chairmen of the House Appropriations and Senate Finance Committees no later than 30 days after any such transfers the approved amounts and/or positions and the agencies affected. The Governor shall also provide an operating plan for the Virginia Information Technologies Agency by August 1, 2003.

2. The Governor is hereby authorized to increase the maximum position level for the Virginia Information Technologies Agency as necessary to efficiently and effectively administer and integrate new technologies within state government.

C. 1. Virginia Technology Fund. Out of any appropriations that may be provided, there is hereby created the Virginia Technology Fund. The Fund shall be a special fund established on the books of the Comptroller, the balance of which shall not revert to the general fund at the end of the fiscal year but shall be reappropriated for expenditure in the succeeding year. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller, upon written request bearing the signature of the Director, Virginia Information Technologies Agency, or his designee.

2. a. The Secretary of Technology, with the approval of the Secretary of Finance, may supplement the Fund with moneys from the line of credit authorized in § 3-2.03 of this act to finance information technology enterprise projects as recommended by the Technology Investment Board. Such approval shall not be granted unless the Technology Investment Board and the Secretaries of Technology and Finance have identified and approved the repayment source and timeframe.

b. The source of repayment for the line of credit authorized in § 3-2.03 of this act may be technology-related cost savings identified by the Secretary of Technology and certified by the Secretary of Finance and/or fee assessments to be applied to state agencies and institutions of higher education that utilize any of the enterprise technology projects funded out of the Virginia Technology Fund.

1. The Director, Department of Planning and Budget, is authorized to transfer to the Virginia Information Technology Fund within the Virginia Information Technologies Agency those general and nongeneral appropriations identified as savings in Executive Department agencies through the implementation of information technology enterprise projects funded by the Virginia Technology Fund and any other technology savings in excess of the amounts included in this act. The State Comptroller is authorized to transfer cash to support this tranfer. Appropriated funds from federal sources are exempted from this transfer.

2.a Upon the recommendation of the Secretary of Technology and the concurrence of the Secretary of Finance, the Director, Department of Planning and Budget, is authorized to transfer to this Item from agency general fund appropriations amounts representing the general fund share of any fee or surcharge assessed to agencies for enterprise technology projects. The fee or surcharge shall be prescribed by the Director, Department of Planning and Budget, in consultation with the Secretary of Technology and shall be equal to the agencies’ pro rata share of the cost of these projects.

b. Upon the recommendation of the Secretary of Technology and the concurrence of the Secretary of Finance, the State Comptroller is also authorized to transfer cash to this Item from nongeneral fund agencies the nongeneral fund share of any such fees or surcharges.

3. The Director, Department of Planning and Budget, is authorized to supplement the Fund by transferring to this Item those general and nongeneral appropriations identified as savings in Executive Department agencies through information technology enterprise projects funded by the Virginia Technology Fund that are in excess of the amount needed to repay the line of credit. Appropriated funds from federal sources are exempted from this transfer.

4. At least 30 days before using any amounts from the Virginia Technology Fund to fund enterprise-wide technology projects, the Governor shall notify the Chairmen of the House Appropriations and Senate Finance Committees of the intended use.

D. Operational costs for this program shall be paid solely from charges to other programs within this agency.