Ch. 214 LAWS OF MARYLAND

(1) A PUBLIC COMMUNITY MENTAL HEALTH FACILITY,
ADDICTION FACILITY, OR DEVELOPMENTAL DISABILITIES FACILITY
THAT IS WHOLLY OWNED BY AND OPERATED UNDER THE AUTHORITY
OF A COUNTY OR A MUNICIPAL CORPORATION, OR BOTH; OR

(2) A NONPROFIT COMMUNITY MENTAL HEALTH FACILITY,
ADDICTION FACILITY, OR DEVELOPMENTAL DISABILITIES FACILITY
THAT IS WHOLLY OWNED BY AND OPERATED UNDER THE AUTHORITY
OF A NONPROFIT ORGANIZATION.

(C) "NONPROFIT ORGANIZATION" MEANS:

(1) A BONA FIDE RELIGIOUS ORGANIZATION, NO PART OF
THE EARNINGS OF WHICH INURES TO THE BENEFIT OF ANY INDIVIDUAL
OR IS USED FOR ANY PURPOSE OTHER THAN THE MAINTENANCE AND
OPERATION OF THE FACILITY, THE PURCHASE OF EQUIPMENT TO BE
USED IN THE FACILITY, OR THE EXPANSION OF THE FACILITY; OR

(2) AN ORGANIZATION:

(I) THAT IS CHARTERED AS A NONPROFIT CORPORATION
AND CLASSIFIED BY THE INTERNAL REVENUE SERVICE AS NONPROFIT;
AND

(II) NO PART OF THE EARNINGS OF WHICH INURES TO
THE BENEFIT OF ANY INDIVIDUAL OR IS USED FOR ANY PURPOSE
OTHER THAN THE MAINTENANCE AND OPERATION OF THE FACILITY,
THE PURCHASE OF EQUIPMENT TO BE USED IN THE FACILITY, OR THE
EXPANSION OF THE FACILITY.

(D) "WHOLLY OWNED" INCLUDES LEASED, IF THE:

(1) (I) LEASE IS FOR A MINIMUM TERM OF 30 YEARS
FOLLOWING PROJECT COMPLETION; OR

(II) THE LEASE AGREEMENT EXTENDS THE RIGHT OF
PURCHASE TO THE LESSEE; AND

(2) LESSOR CONSENTS TO THE RECORDING, IN THE LAND
RECORDS OF THE POLITICAL SUBDIVISION IN WHICH THE FACILITY IS
LOCATED, OF A NOTICE OF THE STATE'S RIGHT OF RECOVERY IN THE
LAND RECORDS OF THE COUNTY OR BALTIMORE CITY IN WHICH THE
FACILITY IS LOCATED; AND, AS PROVIDED UNDER § 24-606 OF THIS
SUBTITLE; OR

(3) LEASE AGREEMENT EXTENDS THE RIGHT OF PURCHASE
TO THE LESSEE; OR

(4) LEASE AGREEMENT FOR A MINIMUM OF 30 YEARS

(3) LEASE A G RE EM ENT IS WITH THE STATE FOR A
STATE-OWNED BUILDING.

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