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VETOES
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S.B. 716
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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 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.
(C) (1) (I) THE SECRETARY OF THE BOARD OF PUBLIC WORKS MAY FILE A
CIVIL COMPLAINT UNDER SUBSECTION (B) OF THIS SECTION, IN THE CIRCUIT COURT
OF THE COUNTY OR BALTIMORE CITY WHERE THE PROPERTY IS LOCATED, AGAINST
THE OWNER OF THE PROPERTY AND ANY OTHER INTERESTED PARTIES, INCLUDING
ANY TRANSFEROR THAT THE STATE WISHES TO MAKE A PARTY.
(II) THE COMPLAINT SHALL BE FILED WITH:
1. SWORN AFFIDAVITS STATING FACTS ON WHICH THE
ALLEGATIONS OF DEFAULT ARE BASED; AND
2. A DETAILED JUSTIFICATION OF THE AMOUNT CLAIMED.
(2) IF THE CIRCUIT COURT DETERMINES FROM THE STATE'S INITIAL
FILING THAT A DEFAULT HAS OCCURRED, PENDING FULL DETERMINATION OF THE
STATE'S CLAIM, THE COURT SHALL AUTHORIZE A TEMPORARY LIEN ON THE
PROPERTY:
(I) IN THE AMOUNT OF THE STATE'S COMPLAINT PLUS ANY
ADDITIONAL AMOUNT ESTIMATED TO BE NECESSARY TO COVER THE COSTS AND
REASONABLE ATTORNEYS' FEES INCURRED BY THE STATE; OR
(II) IN OTHER AMOUNTS THAT THE COURT DETERMINES TO BE
REASONABLE.
- 3816 -
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