(1) There is hereby created in the state treasury the healthy choices dropout prevention pilot program fund. The fund shall consist of:

(a) Any gifts, grants, or donations received by the department for the fund pursuant to subsection (4) of this section; and

(b) Any other moneys that the department may direct to the fund pursuant to subsection (5) of this section.

(2) The moneys in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs associated with the implementation of the program pursuant to the provisions of this article. Of the moneys annually appropriated from the fund, the department may expend no more than two percent to offset the direct and indirect costs incurred by the department in implementing the program pursuant to this article.

(3) Any moneys in the fund not expended for the purpose of this article may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund; except that all unexpended and unencumbered moneys remaining in the fund as of June 30, 2019, shall be transferred to the general fund.

(4) The department is authorized to seek and accept gifts, grants, or donations from private or public sources for the purposes of this article; except that the department shall not accept a gift, grant, or donation if it is subject to conditions that are inconsistent with this article or any other law of the state. The department shall transmit all private and public moneys received through gifts, grants, or donations to the state treasurer, who shall credit the same to the fund.

(5) To the extent permitted by law, the department may, at its discretion, direct other moneys to fund the program.