5284

VETOES

2. Ceases to be a facility as
defined in this Act, then the State may recover from either
the transferor or transferee or, in the case of a community
mental health center component, addiction facility, mental
retardation facility, or developmental disabilities facility
which has ceased to be a facility as defined in this Act,
from the owner, an amount bearing the same ratio to the then
current value (as determined by agreement of the State and
such transferor, transferee, or owner, or by action brought
in a court of competent jurisdiction) of so much of the
property as constituted an approved project as the amount of
the State participation bore to the total eligible cost of
the approved project. A notice of this right of recovery
shall be recorded in the land records of the political
subdivision in which the property is located prior to the
payment of any State funds under the provisions of this Act.
The recording of the notice shall not create any lien
against the property. However, when the Secretary of Health
and Mental Hygiene determines that a default has occurred,
the Secretary shall record in the land records of the
political subdivision in which the property is located a
notice of the amount which the State is entitled to recover;
and that amount shall constitute a lien upon the property
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 Secretary of Health and
Mental Hygiene may waive the State's right of recovery if
the Secretary determines that there is good cause for
releasing the transferor, transferee, or owner from this
obligation.

(f)  The application shall initially be directed
to the Secretary. Upon ' approval of a project and the
project plans, the Secretary shall promptly report the
application to the Board of Public Works, together with the
Secretary's recommendation that the Board of Public Works
make funds available as provided in this Act.

(g)  The Board of Public Works shall make
allocations from funds available under this Act in
accordance with the provisions of this Act. The Board shall
certify the allocations of State funds to the Treasurer of
the State, and the Treasurer shall authorize payment to the
applicant when needed for the construction, acquisition,
renovation, or equipment of a facility. The Board may, in
its discretion, adopt and promulgate rules and regulations
for receiving applications from public and other nonprofit
entities in this State and for considering applications and
disbursing funds to applicants, within the intent of this
Act.

(5) There is hereby levied and imposed an annual State
tax on all assessable property in the State in rate and