Ch. 461

LAWS OF MARYLAND

(c)  The amount of the State grant for any project
shall be determined after consideration of all eligible
applications, the total of unallocated State funds available at
the time the application is received, and such priorities of area
need as may be established by the Department.

(d) No portion of the proceeds of a State grant may
be used for the furtherance of sectarian religious instruction,
or in connection with the design, acquisition, or construction of
any building used or to be used as a place of sectarian religious
worship or instruction, or in connection with any program or
department of divinity for any religious denomination. Upon the
request of the Board of Public Works, the applicant shall submit
evidence satisfactory to the Board that none of the proceeds of
the grant have been or are being used for a purpose prohibited by
this Act.

(8)  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 applicant, when
needed, for the construction, acquisition, renovation, or
equipping of a facility. The Board may adopt regulations for
receiving and considering applications and for disbursing funds
to applicants.

(9)  If, within 15 years after completion of a project, a
community mental health facility, addiction facility, or
developmental disabilities facility with respect to which funds
have been paid under this Act is sold or transferred to any
person, agency, or organization that would not qualify as an
applicant under this Act, or that is not approved as a transferee
by the Board of Public Works, or if, within the same period, such
a community mental health facility, addiction facility, or
developmental disabilities facility 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 facility, addiction facility, or developmental
disabilities facility that 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 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.

(a) Before the State makes any funds available for an
approved project, the Department 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. The recording
of the notice shall not create any lien against the property;
however, it shall constitute notice to any potential transferee,

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