West Virginia Code § 5A-3-44

Authority and duties of state agency for surplus property
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(a) The state agency for surplus property is hereby authorized and empowered (1) to acquire
from the United States of America such property, including equipment, materials, books or
other supplies under the control of any department or agency of the United States of
America as may be usable and necessary for educational, fire protection and prevention,
rescue, or public health purposes, including research; (2) to warehouse propeerty acquired;
and (3) to distribute the property to tax-supported medical institutions, hospitals, clinics, fire
departments, rescue squads, health centers, school systems, schools, crolleges and
universities within the state, and to other nonprofit medical institutions, hospitals, clinics,
volunteer fire departments, volunteer rescue squads, health centers, schools, colleges and
universities within the state which have been held exempt from taxation under the Internal
Revenue Code of 1986, as amended. t
(b) For the purpose of executing its authority under this article, the state agency for surplus
property is authorized and empowered to adopt, amend or rescind rules and regulations as
may be deemed necessary, and take other action necessary and suitable in the
administration of this article, including the ensactment and promulgation of rules and
regulations necessary to bring this article and its administration into conformity with any
federal statutes or rules and regulations promulgated under federal statutes for the
acquisition and disposition of surplugs property.
(c) The state agency for surplues property is authorized and empowered to appoint advisory
boards or committees necessary to the end that this article and the rules and regulations
promulgated hereunderL conform with federal statutes and rules and regulations
promulgated under federal statutes for the acquisition and disposition of surplus property.
(d) The state agency for surplus property is authorized and empowered to take action, make
expenditures and enter into contracts, agreements and undertakings for and in the name of
the state, require reports, and make investigations as may be required by law or regulation
of tWhe United States of America in connection with the receipt, warehousing and distribution
of property received by the state agency for surplus property from the United States of
America.
(e) The state agency for surplus property is authorized and empowered to act as a
clearinghouse of information for the public and private nonprofit institutions and agencies
referred to in subsection (a) of this section, to locate property available for acquisition from
the United States of America, to ascertain the terms and conditions under which the
property may be obtained, to receive requests from the above-mentioned institutions and
agencies and to transmit to them all available information in reference to the property, and
to aid and assist the institutions and agencies in every way possible in the consummation or
acquisition of transactions hereunder.
(f) The state agency for surplus property shall cooperate to the fullest extent consistent with
the provisions of this article, with the departments or agencies of the United States of
America and shall make reports in the form and containing the information the United States
of America or any of its departments or agencies may from time to time require, and it shall
comply with the laws of the United States of America and the rules and regulations of any of
the departments or agencies of the United States of America governing the allocation,
transfer, use or accounting for property donable or donated to the state.

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