MARVIN MANDEL, Governor

3013

(3)    The amount of the State grant to be made
for any facility shall be determined after due
consideration of all pending eligible applicants, the
total of unallocated State Funds available at the time
the application is received, and such priorities of area
need as may have been established by the State Department
of Health and Mental Hygiene.

(4)     If, at any time within fifteen (15)
years after completion of construction, an institution
with respect to which funds have been paid under the
provisions of this Act

(i) is sold or transferred to any
person, agency, or organization which would not itself
qualify as an applicant under the terms of this Act, or
which is not approved as a transferee by the Secretary of
Health and Mental Hygiene, or

(ii) ceases to be a public or
[[nonprofit]] non-profit facility, as defined in this
Act, then the State shall be entitled to recover from
either the transferor [[to]] or transferee thereof or, in
the case of an institution which has ceased to be a
public or nonprofit facility, from the owner thereof, an
amount bearing the same ratio to the then value (as
determined by agreement of the [[parties]] State and such
transferor or transferee or by action brought in a court
of competent jurisdiction) of so much of the institution
as constituted an approved project, as the amount of the
State participation bore to the cost of the construction
under that project. This right of recovery may not
constitute a lien upon the property of the institution
prior to this determination. All funds recovered
pursuant to this right of recovery shall be deposited in
the Annuity Bond Fund. The Secretary of Health and Rental
Hygiene may waive the State's right of recovery if he
determines that there is good cause for releasing the
applicant or other owner from this obligation.

(e)    The application in the first instance shall be
directed to the Secretary of Health and Mental Hygiene.
Upon the approval of the project and project plans by the
Secretary of Health and Mental Hygiene, he shall promptly
report the application to the Board of Public Works,
together with his report that the project has been
approved by him and that the Board of Public Works should
make available the necessary funds as provided hereunder.

(f)     The Board of Public Works shall make
allocations from moneys available under this Act in
accordance with the provisions, stipulations and
limitations hereof. The Board of Public Works shall
certify the allocation of State funds to the Treasurer of