|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
MARVIN MANDEL, Governor 2857
facility with respect to which funds have been paid under
the provisions of this Act:
(i)1. 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)2. ceases to be a public or
nonprofit facility, as defined in this Act, then the
State shall be entitled to recover from either the
transferor 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 State and such transferor or, transferee , or
owner 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 and shall be applied to the debt
service requirements of the State. The Secretary of
Health and Mental Hygiene may waive the State's right of
recovery if he determines that there is good cause for
releasing the applicant or other transferor, transferee,
or 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
the State, and the Treasurer shall make them available to
the facility when needed for the construction,
acquisition, renovation, and equipping of the project.
The Board of Public Works is authorized, in its
discretion, to adopt and promulgate rules and regulations
for receiving such applications from for public and other
nonprofit facilities in this State and for the
consideration of applications and disbursing of the funds
to the applying public and other nonprofit facilities,
within the spirit and intent of this Act.
|
|
|
|
|
|
|
|
|
|
(3) (4) There is hereby levied and imposed an
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
