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Session Laws, 1978
Volume 736, Page 2661   View pdf image
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BLAIR LEE III, Acting Governor

2661

paid under the provisions of this Act is sold or transferred
to any person, agency, or organization that would not
qualify as an applicant under the terms of this Act, or that
is not approved as a transferee by the Board of Public
Works, or if, within 15 years after completion of
conversion, a facility with respect to which funds have been
paid under the provisions of this Act ceases to be a public
facility, then the State shall be entitled to recover from
either the transferor or transferee or, in the case of a
facility which has ceased to be a public facility, from the
owner, an amount bearing the same ratio to the then current
value (as determined by an agreement between the State and
the transferor, transferee, or owner, or by an action
brought in a court of competent jurisdiction) of so much of
the facility as was converted with the assistance of a State
grant under this Act, as the amount of the State
participation bore to the total cost of conversion. This
right of recovery may not constitute a lien upon the
facility, but it shall be recorded in the land records of
the political subdivision in which the facility is located.
When this determination has been made, the Director of the
Office of aging shall cause to be recorded among the land

records of__the political subdivision in which the facility

is located a__notice of__the amount which the State is

entitled to recover; and such amount shall constitute a lien

upon the real property of the facility from the date of the

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 Board of Public Works may waive the State's
right of recovery if it determines that there is good cause
for releasing the transferor, transferee, or owner.

(c)    The application shall be directed to the Director
of the Office on Aging. When the Director of the Office on
Aging has approved the project and project plans, he shall
report the application to the Board of Public Works,
describing the scope of the project, and he shall advise the
Board that the project has been approved by him and
recommend that the Board make available the funds requested.

(d)    The Board of Public Works shall make allocations
from moneys available under this Act in accordance with the
provisions, stipulations, and limitations of the Act. The
Board of Public Works shall certify the allocation of State
funds to the Treasurer of the State, and the Treasurer shall
make funds available to the appropriate local governmental
agency, when needed, for eligible work.

(e)    The Director of the Office on Aging is directed
to make a report to the General Assembly, no later than one
year after the award of the first State grant under this
Act, on the value of converting surplus public school
buildings to Elderly Citizen Activities Centers. The report
should contain sufficient quantitative data to compare the
delivery of services to elderly citizens prior to and after
conversions.

 

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Session Laws, 1978
Volume 736, Page 2661   View pdf image
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