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<section article="gps" article_name="Public Safety" number="8-103" title_number="8" title_name="Fire and Rescue Funds" subtitle_number="1" subtitle_name="Senator William H. Amoss Fire, Rescue, and Ambulance Fund">
  <level label="a">
    <text>Subject to subsection (c) of this section, each county shall receive an initial allocation of money based on a percentage to be determined in the following manner:</text>
    <level label="1">
      <text>the Director of Assessments and Taxation shall certify to the Secretary each county’s total percentage of land use property tax accounts, including vacant unimproved properties, relative to the statewide total of all land use property tax accounts for the first completed fiscal year immediately preceding the fiscal year for which money is to be allocated;</text>
    </level>
    <level label="2">
      <text>except as provided in item (3) of this subsection, the percentage determined in item (1) of this subsection shall then be applied for each county to any amount included in the State budget for the purposes of this subtitle; and</text>
    </level>
    <level label="3">
      <text>each county shall receive an allocation of at least 2% of the total Fund as appropriated in the State budget, in addition to the amount that is distributed to fire, rescue, and ambulance companies, departments, or stations located in qualified municipal corporations in accordance with subsection (c) of this section.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>In accordance with the formula provided in paragraph (2) of this subsection, each county shall distribute a minimum percentage of funds that the county receives from the Fund to volunteer fire, rescue, and ambulance companies.</text>
    </level>
    <level label="2">
      <text>The percentage of funds required to be distributed by each county under paragraph (1) of this subsection shall be equal to the same total percentage of funds distributed by each county to volunteer fire, rescue, and ambulance companies from the Fund in fiscal year 2011 or at least 51% of the allocation received by each county under subsection (a) of this section, whichever is greater.</text>
    </level>
    <level label="3">
      <text>Each county shall distribute the money provided under this subsection on the basis of need, as determined by the county, to volunteer fire, rescue, and ambulance companies.</text>
    </level>
    <level label="4">
      <text>In determining need under this subsection, the county shall consider:</text>
      <level label="i">
        <text>the failure to meet minimum standards established by the county or the Maryland State Firefighters Association;</text>
      </level>
      <level label="ii">
        <text>the existence or potential existence of an emergency situation as described in § 8–203 of this title;</text>
      </level>
      <level label="iii">
        <text>the age and condition of existing facilities and equipment;</text>
      </level>
      <level label="iv">
        <text>the lack of availability of mutual aid;</text>
      </level>
      <level label="v">
        <text>any service problems associated with demographic conditions;</text>
      </level>
      <level label="vi">
        <text>a company’s inability to raise money to pay for an item; and</text>
      </level>
      <level label="vii">
        <text>any other relevant factors.</text>
      </level>
    </level>
    <level label="5">
      <text>This subsection does not apply to:</text>
      <level label="i">
        <text>Baltimore City; or</text>
      </level>
      <level label="ii">
        <text>distributions made to fire, rescue, and ambulance companies, departments, or stations located in qualified municipal corporations in accordance with subsection (c) of this section.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>Subject to paragraph (6) of this subsection, each county shall distribute the money provided under this subtitle on the basis of need to fire, rescue, and ambulance companies, departments, or stations in the county, including companies, departments, or stations:</text>
      <level label="i">
        <text>located in municipal corporations; or</text>
      </level>
      <level label="ii">
        <text>located outside the State if the company, department, or station:</text>
        <level label="1">
          <text>has been a member of the Maryland State Firefighters Association for at least the past 10 years; and</text>
        </level>
        <level label="2">
          <text>has a first due response area in the State.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>Each county shall determine need in accordance with procedures that the county uses to adopt its budget.</text>
    </level>
    <level label="3">
      <text>In determining need under this subsection, the county shall consider:</text>
      <level label="i">
        <text>the failure to meet minimum standards established by the county or the Maryland State Firefighters Association;</text>
      </level>
      <level label="ii">
        <text>the existence or potential existence of an emergency situation as described in § 8–203 of this title;</text>
      </level>
      <level label="iii">
        <text>the age and condition of existing facilities and equipment;</text>
      </level>
      <level label="iv">
        <text>the lack of availability of mutual aid;</text>
      </level>
      <level label="v">
        <text>any service problems associated with demographic conditions; and</text>
      </level>
      <level label="vi">
        <text>any other relevant factors.</text>
      </level>
    </level>
    <level label="4">
      <text>In addition to consideration of the factors in paragraph (3) of this subsection, for a volunteer company the county shall consider the company’s inability to raise money to pay for the item.</text>
    </level>
    <level label="5">
      <text>Notwithstanding paragraphs (3) and (4) of this subsection, each county shall give the highest funding priority to the failure to meet minimum standards or the existence of an emergency situation as described in § 8–203 of this title.</text>
    </level>
    <level label="6">
      <level label="i">
        <text>In this paragraph, “expenditures of the qualified municipal corporation” includes revenues appropriated to volunteer fire, rescue, and ambulance companies.</text>
      </level>
      <level label="ii">
        <text>Distribution of money to fire, rescue, and ambulance companies, departments, or stations located in qualified municipal corporations in a county in the aggregate may not be less than 50% of the proportion that the expenditures of the qualified municipal corporation bear to total aggregate expenditures for fire protection in that county.</text>
      </level>
      <level label="iii">
        <text>A county shall distribute the money allocated under this paragraph to fire, rescue, and ambulance companies, departments, or stations located in qualified municipalities.</text>
      </level>
    </level>
    <level label="7">
      <level label="i">
        <text>To receive money under this subsection, each county shall participate in the Maryland Fire Incident Reporting System and Ambulance Information System.</text>
      </level>
      <level label="ii">
        <text>A county shall be deemed in compliance with subparagraph (i) of this paragraph if the county has participated in the Maryland Fire Incident Reporting System and Ambulance Information System during the immediately preceding fiscal year for which money is to be allocated.</text>
      </level>
      <level label="iii">
        <text>The State Fire Marshal shall:</text>
        <level label="1">
          <text>adopt policies and procedures for determining if a county has participated in the Maryland Fire Incident Reporting System; and</text>
        </level>
        <level label="2">
          <text>certify to the Secretary by July 1 of each year whether a county has participated in the Maryland Fire Incident Reporting System during the immediately preceding fiscal year.</text>
        </level>
      </level>
      <level label="iv">
        <text>The Executive Director of the Maryland Institute for Emergency Medical Services Systems shall:</text>
        <level label="1">
          <text>adopt policies and procedures for determining if a county has participated in the Ambulance Information System; and</text>
        </level>
        <level label="2">
          <text>certify to the Secretary by July 1 of each year whether a county has participated in the Ambulance Information System during the immediately preceding fiscal year.</text>
        </level>
      </level>
    </level>
  </level>
</section>
