§42F-103 Standards for the award of grants.

462 words·~2 min read·/hi/42f-103

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Grants 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 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 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.

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

(1)Is either:

(A)Incorporated under the laws of the State; or

(B)Spends at least ninety per cent of its operating budget in the State; and

(C)Registered with the department of commerce and consumer affairs and in possession of a valid certificate of vendor compliance issued by the State that documents the organization's compliance and good standing with the United States Internal Revenue Service, department of taxation, department of labor and industrial relations, and department of commerce and consumer affairs; and

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

(c)Further, a grant 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 is us ed by an organization for the acquisition of land, when the organization discontinues the activities or services on the land acquired for which the grant 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 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 under this subsection shall be deposited into the general fund. [L 1997, c 190, pt of §3; am L 2007, c 184, §1; am L 2014, c 96, §7; am L 2022, c 26, §1]