The department shall transmit the fees collected pursuant to section 25-27.5-104 (1), plus any civil penalty collected pursuant to section 25-27.5-103 (1)(b) and (2)(c)(II), to the state treasurer, who shall credit the fees and penalties to the home care agency cash fund, which fund is hereby created. The moneys in the fund are subject to annual appropriation by the general assembly for the direct and indirect costs of the department in performing its duties under this article. At the end of any fiscal year, all unexpended and unencumbered moneys in the fund remain in the fund and must not be credited or transferred to the general fund or any other fund.
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