3638

VETOES

(iii) If, within 15 years after completion
of conversion, a facility with respect to which funds have
been 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 the
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. When
this determination has been made, the Director of the Office
[of] ON 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 first surplus school building or
other public building or part thereof is converted with the
assistance of a State grant under this Act, on the value of