Ch. 336

1997 LAWS OF MARYLAND

corporations, on the basis of need as determined by the local government pursuant to
procedures used by the local government in the adoption of its budget. However,
distribution to companies, departments, or stations located within qualified municipalities
within a county in the aggregate may not be less than 50 percent of the proportion which
the expenditures of qualified municipalities bear to total aggregate expenditures for fire
protection by local governments in that county. In determining need, the local
government shall consider, among other relevant factors, failure to meet minimum
standards, as established by the Maryland State Firemen's Association or local
government, the existence or potential existence of an emergency situation, the age and
condition of existing facilities, apparatus and equipment, lack of availability of mutual aid,
service problems associated with demographic conditions, and in the case of a volunteer
company, its inability to raise funds to pay for the item. Failure to meet minimum
standards or the existence of an emergency situation, as described in § 46A(b) of this
article shall be given highest funding priority by the local governing body.

(2) As a condition to receiving financial assistance under this subsection,
each county shall participate in the Maryland Fire Incident Reporting System and
Ambulance Information System, as appropriate.

45D.

(a) (1) The funds distributed under this subtitle shall be used as an addition to
and shall not be substituted for moneys appropriated from sources other than this
program by the counties for the purposes listed in § 45B(d)(1) of this subtitle. Each
county shall expend for fire protection from sources other than provided under this
subtitle, in Fiscal Year 1986 and each fiscal year thereafter, an amount of funds that is at
least equal to the average amount of funds expended for fire protection during the 3
preceding fiscal years. [Failure] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, FAILURE to satisfy the requirements of this subsection shall preclude
disbursement of funds under this subtitle to the local government for that fiscal year.

(2) [Notwithstanding paragraph (1) of this subsection, in each of Fiscal
Years 1995 and 1996, in Howard County and Prince George's County only, the County]
FOR ANY FISCAL YEAR, A COUNTY THAT FAILS TO SATISFY THE REQUIREMENTS OF
PARAGRAPH (1) OF THIS SUBSECTION may receive disbursements under this subtitle
subject to a penalty in an amount equal to the percentage by which the [County]
COUNTY fails to meet the [County's] COUNTY'S maintenance of effort for [Fiscal Years
1995 and 1996] THAT FISCAL YEAR.

(c) (1) Funds not distributed to a county because the requirements of
subsections (a) and (b) of this section are not satisfied shall be [reverted to the general
funds of this State] DISTRIBUTED TO THOSE COUNTIES MEETING THE
REQUIREMENTS OF SUBSECTIONS (A) AND (B) OF THIS SECTION AS PROVIDED IN
THIS SUBSECTION.

(2) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, EACH
COUNTY THAT MEETS THE REQUIREMENTS OF SUBSECTIONS (A) AND (B) OF THIS
SECTION SHALL RECEIVE AN ALLOCATION OF THE FUNDS DISTRIBUTED UNDER
PARAGRAPH (1) OF THIS SUBSECTION BASED ON A PERCENTAGE TO BE
DETERMINED AS PROVIDED IN § 45C(A) OF THIS SUBTITLE

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