WILLIAM DONALD SCHAEFER, Governor                   Ch. 4 36

amount equal to the difference between the prior grant and
$300,000, if the project and the grantee meet the criteria set
forth in subsection (4) and this subsection (5); and

(vii) The amount of the State grant for any project
shall be determined after consideration of:

1.  The senior citizen population density of the
area for which the [Elderly] SENIOR Citizen Activities Center is
proposed; and

2.  The proximity of the proposed Center to
existing Elderly Citizen Activities Centers.

(6)  The Board of Public Works shall make allocations from
funds available under this Act in accordance with this Act. The
Board shall certify the allocations to the proper State officers,
and the Treasurer shall make payments to the appropriate local
government agency, when needed, for eligible work.

(7)  (i) If, within 15 years after completion of a project,
property with respect to which funds have been paid under this
Act is sold or transferred for use other than as [an Elderly] A
SENIOR Citizen Activities Center or to any person, agency, or
organization that is not approved as a transferee by the Board of
Public Works, or if, within the same period, such property ceases
to be operated as [an Elderly] A SENIOR Citizen Activities
Center, then the State may recover from either the transferor or
transferee or, in the case of property that ceases to be operated
as [an Elderly] A SENIOR Citizen Activities 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.

(ii) The Office on Aging shall cause notice of this
right of recovery to be recorded in the land records of the
county or Baltimore City in which the property is located before
the State makes any funds available for the approved project.
The recording of the notice shall not create any lien against the
property; however, it shall constitute notice to any potential
transferee, potential creditor, or other interested party of the
possibility that the State may obtain a lien under this Act.

(iii) In the event of an alleged sale or transfer as
described above, or in the event that property is alleged to have
ceased to be operated as [an Elderly] A SENIOR Citizen Activities
Center, the Secretary of the Board of Public Works may file, in
the circuit court for the county or Baltimore City in which the
property is located, a claim under this Act (styled as a civil
action against the owner of the property and any other interested

- 2147 -