§42F-103  Standards for the award of
grants and subsidies.  (a)  Grants and subsidies shall be awarded only to
individuals who, and organizations that:



(1)  Are licensed or accredited, in accordance with
federal, state, or county statutes, rules, or ordinances, to conduct the
activities or provide the services for which a grant or subsidy is awarded;



(2)  Comply with all applicable federal and state laws
prohibiting discrimination against any person on the basis of race, color,
national origin, religion, creed, sex, age, sexual orientation, or disability;



(3)  Agree not to use state funds for entertainment or
lobbying activities; and



(4)  Allow the state agency to which funds for the
grant or subsidy were appropriated for expenditure, legislative committees and
their staff, and the auditor full access to their records, reports, files, and
other related documents and information for purposes of monitoring, measuring
the effectiveness, and ensuring the proper expenditure of the grant or subsidy.



(b)  In addition, a grant or subsidy may be
made to an organization only if the organization:



(1)  Is incorporated under the laws of the State; and



(2)  Has bylaws or policies that describe the manner
in which the activities or services for which a grant or subsidy is awarded
shall be conducted or provided.



(c)  Further, a grant or subsidy may be awarded
to a nonprofit organization only if the organization:



(1)  Has been determined and designated to be a nonprofit
organization by the Internal Revenue Service; and



(2)  Has a governing board whose members have no
material conflict of interest and serve without compensation.



(d)  If a grant or subsidy is used by an organization for the acquisition of land,
when the organization discontinues the activities or services on the
land acquired for which the grant or subsidy was awarded and disposes of the
land in fee simple or by lease, the organization shall negotiate with the
expending agency for a lump sum or installment repayment to the State of the
amount of the grant or subsidy used for the acquisition of the land.  This
restriction shall be registered, recorded, and indexed in the bureau of
conveyances or with the assistant registrar of the land court as an encumbrance
on the property.  Amounts received from the repayment of a grant or subsidy
under this subsection shall be deposited into the general fund. [L 1997, c 190,
pt of §3; am L 2007, c 184, §1]