Authority: Discretionary Inclusion.

A. Consistent with the provisions of Senate Bill 1247 and House Bill 1926, 2003 Session, 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.

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.

3. At least 60 days prior to implementing any consolidation of the procurement and operational functions of information technology, which includes but is not limited to servers and networks, from state agencies as authorized in the sixth enactment clause of Senate Bill 1247 and House Bill 1926, 2003 Session, the Secretary of Technology shall prepare a report on the operating plan that will be used to implement the consolidation. The report shall be submitted to the Chairmen of the House Appropriations and Senate Finance Committees, the Senate General Laws Committee, and the House Science and Technology Committee. The report shall include but not be limited to the following items:

a. a listing by agency of the equipment that has been identified for transfer to the Virginia Information Technologies Agency;

b. a listing by agency of the position description for each position to be transferred to the Virginia Information Technologies Agency;

c. the methodology used to determine the staff and equipment to be transferred to the Virginia Information Technologies Agency; and

d. a discussion on the manner in which procurement and operational functions of information technology services will continue to be provided to each agency affected by the consolidation.

4. The Secretary of Technology shall provide a report by August 1, 2003, to the Chairmen of the House Appropriations and Senate Finance Committees, the Senate General Laws Committee, and the House Science and Technology Committee that details a prototype of the memorandum of agreement that is proposed to be used to guide the provision of information technology equipment and operating support by the Virginia Information Technologies Agency to each affected state agency. The report shall also detail how service levels will be determined, the input affected agencies will have in ensuring service levels are maintained, and mechanisms available to agencies with concerns about services provided by the Virginia Information Technologies Agency. No memorandum of agreement shall be executed between the Virginia Information Technologies Agency and any state agency prior to the Committees cited earlier having the opportunity to review and comment upon the draft memorandum of agreement.

5. Notwithstanding the effective date of Senate Bill 1247 and House Bill 1926, 2003 Session, the Governor and the Joint Rules Committee are authorized to appoint their respective members to the Information Technology Investment Board prior to July 1, 2003. However, the powers and authorities granted to the Board shall not become effective until July 1, 2003.

6. Notwithstanding the reporting requirements of Senate Bill 1247 and House Bill 1926, 2003 Session, the Chief Information Officer shall report quarterly on the activities of the Virginia Information Technologies Agency, the status of any consolidations of state agency information technology operations and staff, the status of cost saving initiatives, and any other information that may be requested by the Chairmen of the House Appropriations and Senate Finance Committees, the Senate General Laws Committee, and the House Science and Technology Committee.

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