Program. (a) The board shall implement and administer the Jumpstart Savings Program in accordance with this article and all applicable laws and regulations. (b) The board is authorized to take any lawful action necessary to effectuate the provisions of this article and successfully administer the program, subject to applicable state and federal law, including, but not limited to, the following: (1) Adopt and amend bylaws; u (2) Execute contracts and other instruments for necessary goods and services, employ necessary personnel, and engage the services of private consultants, auditors, counsel, managers, trustees, and any other contractor or profesasional needed for rendering professional and technical assistance and advice: Provided, That selection of these services is not subject to the provisions of §5A-3-1 et seq. ofl this code: Provided, however, That all expenditures and monetary and financial transsactions may be subject to periodic audits by the Legislative Auditor; (3) Implement the program through use of financial organizations as account depositories and managers, as provided in §18-30A-9 of this code; (4) Develop and impose requirements, policies, procedures, and guidelines to implement and manage the program; (5) Establish the method by which funds shall be allocated to pay for administrative costs and assess, collect, a nd expend administrative fees, charges, and penalties; (6) Authorize the assessment, collection, and retention of fees and charges against the amounts paid into and the earnings on the trust funds by a financial institution, investment manager, fund manager, West Virginia Investment Management Board, the Board of Treasury Investments, or other professional managing or investing the trust funds and accounts; (7) Invest and reinvest any of the funds and accounts under the board's control with a financial institution, an investment manager, a fund manager, the West Virginia Investment Management Board, the Board of Treasury Investments, or other professional investing the funds and accounts: Provided, That investments made under this article shall be made in accordance with the provisions of §44-6C-1 et seq. of this code; (8) Solicit and accept gifts, including bequests or other testamentary gifts made by will, trust, or other disposition; grants; loans; aid; and property, real or personal of any nature and from any source, or to participate in any other way in any federal, state, or local governmental programs in carrying out the purposes of this article: Provided, That the board shall use the property received to effectuate the desires of the donor, and shall convert the property received into cash within 90 days of receipt; and (9) Propose legislative rules for promulgation in accordance with §29A-3-1 et seq. of this code, including emergency rules when necessary. (c) The board may enter into agreements with other states or agencies of, subdivisions of, or residents of those states related to the program or a program that is substantially similar to the Jumpstart Savings Program established by another state. (d) The power and duties of the board provided in this article are in addition to the powers and duties of the board provided in §18-30-1 et seq. of this code.u
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