SB 80
Department of Legislative Services
Maryland General Assembly
2020 Session
FISCAL AND POLICY NOTE
Third Reader
Senate Bill 80 (Chair, Education, Health, and Environmental Affairs
Committee)(By Request - Departmental - Military)
Education, Health, and Environmental Affairs Health and Government Operations
Maryland Intrastate Emergency Management Assistance Compact
This departmental bill renames the Maryland Emergency Management Assistance
Compact (MEMAC) as the Maryland Intrastate Emergency Management Assistance
Compact and makes several changes to the compact. Among other things, the bill alters
provisions governing (1) how participating jurisdictions request assistance under the
compact and (2) when the resource-sharing provisions of the compact are effective. The
bill also makes other technical, stylistic, and conforming changes.
Fiscal Summary
State Effect: None. The bill’s changes are procedural in nature and do not directly affect
State finances.
Local Effect: While some local jurisdictions may benefit from the bill’s changes, the bill
is not expected to materially affect local finances.
Small Business Effect: The Military Department has determined that this bill has minimal
or no impact on small business (attached). The Department of Legislative Services concurs
with this assessment. (The attached assessment does not reflect amendments to the bill.)
Analysis
Bill Summary: The bill alters provisions governing how participating jurisdictions
request assistance under the compact. Specifically, the bill requires the senior official of
each participating jurisdiction to designate more than one representative who is authorized
to make assistance requests from other participating compact member jurisdictions.
Requests for assistance must include (1) the functional areas for which assistance is needed,
as specified; (2) the mission, capability, size, and amount of the requested aid; and (3) the
logistics, location, and time for staging the aid from a responding party jurisdiction. The
bill repeals specified requirements relating to written requests.
The bill also modifies provisions governing when the resource-sharing provisions of the
compact take effect and how long they continue. Among other things, jurisdictions are no
longer required to declare a local state of emergency in order to activate the compact.
Instead, the bill specifies that the provisions of the compact relating to resource sharing
only take effect when resources loaned under the terms and conditions of the compact by
the responding party jurisdiction arrive in the requesting party’s jurisdiction. The
provisions must continue in effect as long as resources loaned under the
terms and conditions of the compact by the responding party jurisdiction remain in the
requesting party jurisdiction.
The bill also (1) modifies the definition of an “emergency responder” to generally include
a member of a fire, rescue, or emergency medical services entity and a municipal employee
performing specified emergency support functions and (2) defines “party jurisdiction” as a
jurisdiction that enacts the compact in a form substantially similar to the compact as
specified in the bill.
Current Law: MEMAC is a statewide program that provides for mutual aid between
jurisdictions for emergency assistance. MEMAC provides for the procedures to request
assistance and to resolve financial and liability issues for assistance given. All 23 counties
within the State, Baltimore City, and Ocean City belong to the compact.
MEMAC also provides for mutual cooperation in emergency-related exercises, testing, or
other training activities using equipment or personnel simulating performance of any aspect
of the giving and receiving of aid by party jurisdictions during emergencies.
Frequent consultations between MEMA and appropriate representatives of the party
jurisdictions are required with free exchange of information and plans generally relating to
emergency capabilities.
Requests for Assistance
The senior elected official of each jurisdiction must designate an authorized representative,
who may request assistance of another party jurisdiction by contacting the authorized
representative of that jurisdiction. The compact’s provisions apply only to requests for
assistance made by and to authorized representatives. Requests may be verbal or in writing;
however, each verbal request must be confirmed in writing within 10 calendar days after
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the verbal request by a senior elected official or an authorized representative. Each written
request must provide:
 a description of the emergency support function for which assistance is needed;
 the emergency support function must include, but not be limited to, fire services,
law enforcement, emergency medical services, transportation, communications,
public works and engineering, building inspection, planning and
information assistance, mass care, resource support, health and medical services,
and search and rescue;
 the amount and type of personnel, equipment, materials, and supplies needed and a
reasonable estimate of the length of time they will be needed; and
 the specific place and time for staging of the assisting party’s response and a
point of contact at that location.
Limitations
Each jurisdiction that is a party to MEMAC and receives a request for assistance must take
the actions necessary to provide the requested resources. A jurisdiction can withhold
resources to the extent necessary to provide reasonable protection to its own jurisdiction.
Emergency responders have the same powers, duties, rights, and privileges as personnel of
the requesting jurisdiction in a position performing the same function.
MEMAC provisions only take effect after a local declaration of a state of emergency by
the requesting jurisdiction or on commencement of exercises, testing, or training for mutual
aid. MEMAC provisions remain in effect as long as (1) the exercises, testing, or training
for the mutual aid are in progress; (2) the state of emergency or the disaster remains in
effect; or (3) loaned resources remain in the requesting jurisdiction.
Liability
Officers or emergency responders of a party jurisdiction rendering aid in another
jurisdiction are considered agents of the requesting jurisdiction for tort liability and
immunity purposes. A jurisdiction and its officers and emergency responders rendering
assistance in another jurisdiction may not be held liable for an act or omission done in good
faith while engaged in rendering assistance or on account of the maintenance or use of
equipment or supplies in connection with rendering assistance under MEMAC.
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Reimbursement
Each jurisdiction must provide for the payment of workers’ compensation and
death benefits to injured members of the emergency responders of its own jurisdiction. The
requesting jurisdiction must reimburse the responding jurisdiction for all reasonable and
necessary expenses incurred by the responding jurisdiction provided that any responding
jurisdiction can assume in whole or in part such loss, damage, expense, or other cost, loan
equipment or donate services to the requesting jurisdiction without charge or cost; and
agree to any allocation of expenses between the responding and requesting jurisdiction.
Supplemental Agreements
MEMAC does not prevent a jurisdiction from entering into supplementary agreements with
another jurisdiction or affect any other agreements between jurisdictions.
MEMAC becomes effective immediately upon enactment into law by a local jurisdiction,
and a jurisdiction can withdraw from MEMAC after a repeal of the law and written notice
to all party jurisdictions. MEMAC provisions are severable if any are held invalid in court.
Background: The Military Department advises that the bill is intended to remove
procedural barriers in order to allow for greater interjurisdictional aid in response to
emergency events. Specifically, the bill removes the requirement that a local jurisdiction
must (1) declare a state of emergency in order to activate the compact and receive aid from
participating jurisdictions and (2) specify the types of resources needed in order to request
assistance under the compact. In addition, the Military Department advises that the bill
corrects inconsistent language and clarifies jurisdictional implementation required for the
compact’s activation.
According to the Military Department, neighboring states have intrastate mutual aid
systems. Delaware’s Intrastate Emergency Assistance Compact and West Virginia’s
Statewide Mutual Aid System both require participating jurisdictions to declare a state of
emergency in order to activate their respective compacts, but do not require specific
resources to be listed when requesting assistance. Pennsylvania’s Intrastate Mutual Aid
System does not require participating jurisdictions to declare a state of emergency to active
the system, and requesting jurisdictions do not need to request specific resource types.
Additional Information
Prior Introductions: None.
Designated Cross File: None.
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Information Source(s): Military Department; Maryland Institute for Emergency Medical
Services Systems; Baltimore County; Harford County; Montgomery County;
Queen Anne’s County; St. Mary’s County; City of Westminster; Town of Bel Air;
Town of Leonardtown; Comptroller’s Office; Department of General Services;
Department of Natural Resources; Department of Public Safety and Correctional Services;
Department of State Police; Maryland Department of Transportation;
Department of Legislative Services
Fiscal Note History: First Reader - January 13, 2020
rh/lgc Third Reader - March 12, 2020
Analysis by: Thomas S. Elder Direct Inquiries to:
(410) 946-5510
(301) 970-5510
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 ANALYSIS OF ECONOMIC IMPACT ON SMALL BUSINESSES
TITLE OF BILL: Maryland Intrastate Emergency Management Assistance Compact
BILL NUMBER: SB 80
PREPARED BY: Catherine Kelly
This agency estimates that the proposed bill:
_x_ WILL HAVE MINIMAL OR NO ECONOMIC IMPACT ON MARYLAND SMALL
BUSINESS
OR
WILL HAVE MEANINGFUL ECONOMIC IMPACT ON MARYLAND SMALL
BUSINESSES
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Statutes affected:
Text - First - Maryland Intrastate Emergency Management Assistance Compact: 14-801 Public Safety, 14-802 Public Safety, 14-803 Public Safety
Text - Third - Maryland Intrastate Emergency Management Assistance Compact: 14-801 Public Safety, 14-802 Public Safety, 14-803 Public Safety