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ROBERT L. EHRLICH, JR., Governor Ch. 280
PROCEEDS OF THE GRANT ARE NOT BEING USED FOR A PURPOSE PROHIBITED
UNDER THIS SUBSECTION OR UNDER APPLICABLE FEDERAL LAW.
(G) BEGINNING IN FISCAL YEAR 2007 AND CONTINUING EVERY YEAR
THEREAFTER, THE GOVERNOR SHALL INCLUDE AT LEAST $5,000,000 AN
APPROPRIATION IN THE STATE CAPITAL BUDGET TO BE DISTRIBUTED AND
MANAGED IN ACCORDANCE WITH THIS SUBTITLE.
24-1305.
(A) THE BOARD OF PUBLIC WORKS SHALL MAKE ALLOCATIONS FROM FUNDS
AVAILABLE UNDER THIS SUBTITLE IN ACCORDANCE WITH THIS SUBTITLE.
(B) THE BOARD SHALL CERTIFY THE ALLOCATIONS TO THE PROPER STATE
OFFICERS, AND THE TREASURER SHALL MAKE PAYMENTS TO OR ON BEHALF OF THE
APPLICANT, WHEN NEEDED, FOR THE APPROVED PROJECT.
(C) THE BOARD OF PUBLIC WORKS MAY ADOPT REGULATIONS TO IMPLEMENT
THIS SECTION.
24-1306.
(A) THE STATE MAY RECOVER FROM EITHER THE TRANSFEROR OR
TRANSFEREE OR, IN THE CASE OF A PROPERTY THAT HAS CEASED TO BE A
FEDERALLY QUALIFIED HEALTH CENTER, FROM THE OWNER, AN AMOUNT BEARING
THE SAME RATIO TO THE THEN CURRENT VALUE 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,
TOGETHER WITH ALL COSTS AND REASONABLE ATTORNEYS' FEES INCURRED BY THE
STATE IN THE RECOVERY PROCEEDINGS, IF, WITHIN 30 YEARS AFTER COMPLETION
OF A PROJECT, A PROPERTY FOR WHICH FUNDS HAVE BEEN PAID UNDER THIS
SUBTITLE:
(1) IS SOLD OR TRANSFERRED TO ANY PERSON, AGENCY, OR
ORGANIZATION THAT WOULD NOT QUALIFY AS AN APPLICANT UNDER THIS
SUBTITLE, OR THAT IS NOT APPROVED AS A TRANSFEREE BY THE BOARD OF PUBLIC
WORKS; OR
(2) CEASES TO BE A FEDERALLY QUALIFIED HEALTH CENTER AS
DEFINED IN THIS SUBTITLE.
(B) (1) BEFORE THE STATE MAKES ANY FUNDS AVAILABLE FOR AN
APPROVED PROJECT, THE DEPARTMENT SHALL CAUSE A NOTICE OF THIS RIGHT OF
RECOVERY TO BE RECORDED IN THE LAND RECORDS OF THE COUNTY IN WHICH OR
BALTIMORE CITY WHERE THE PROPERTY IS LOCATED.
(2) THE RECORDING OF THE NOTICE:
(I) DOES NOT CREATE A LIEN AGAINST THE PROPERTY; BUT
(II) SHALL CONSTITUTE NOTICE TO ANY POTENTIAL TRANSFEREE,
POTENTIAL TRANSFEROR, POTENTIAL CREDITOR, OR OTHER INTERESTED PARTY OF
THE POSSIBILITY THAT THE STATE MAY OBTAIN A LIEN UNDER THIS SUBTITLE.
- 1429 -
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