Sec 5-383. Law enforcement and boating safety fund; boating law enforcement, personnel, equipment and training funding to counties

A. A law enforcement and boating safety fund is established that consists of monies distributed to the fund pursuant to sections 5-323, 5-395.01, 5-395.03, 5-396 and 5-397. The monies are subject to legislative appropriation.

B. Only a board of supervisors of a county that has a law enforcement and boating safety program that was in existence before July 1, 1990 shall be eligible to receive law enforcement and boating safety fund monies.

C. The state treasurer shall administer the fund. Using an allocation formula as determined annually by the commission, the state treasurer shall distribute monies monthly from the law enforcement and boating safety fund to eligible counties as prescribed in subsection B of this section.

D. In determining the allocation formula, the commission may consider the following:

1. The adequacy of existing county boating safety programs that include accident investigations.

2. The number of recreational days of use on water within the jurisdiction of the counties in areas of administrative authority.

3. The surface acreage of water within the jurisdiction of the counties in areas of administrative authority.

4. The county water safety record.

5. The ability of the county to constructively use additional monies.

6. The ratio of boating use to water surface within the jurisdiction of the counties in areas of administrative authority.

7. The ability of participating counties to provide continued funding of the program.

8. Annual input and feedback from the county boards of supervisors receiving funds.

9. Boat accident data for the waterways within the jurisdiction of the county.

E. The monies distributed to a county board of supervisors shall be used by the law enforcement agencies of the county solely for boating law enforcement, personnel, equipment and training.