(1) There is hereby established in the state treasury the comprehensive human sexuality education grant program cash fund. The cash fund consists of moneys transferred thereto pursuant to subsection (3) of this section and any other moneys that may be made available by the general assembly. The moneys in the cash fund are continuously appropriated to the department for the direct and indirect costs associated with implementing this article. Any moneys not provided as grants may be invested by the state treasurer as provided in section 24-36-113, C.R.S. All interest and income derived from the investment and deposit of moneys in the cash fund must be credited to the cash fund. Any amount remaining in the cash fund at the end of any fiscal year must remain in the cash fund and must not be credited or transferred to the general fund or to any other fund.

(2) The department is authorized to expend a reasonable amount of the moneys received for the program for the direct and indirect costs associated with administering the program, unless otherwise provided by any provision related to the department's receipt of federal moneys that are applied to the grant program.

(3) (a) General fund moneys shall not be appropriated to the cash fund for the implementation of this article.

(b) The department may seek, accept, and expend public or private gifts, grants, and donations from public and private sources to implement this article; except that the department shall not accept a gift, grant, or donation that is subject to conditions that are inconsistent with the provisions of section 25-44-102 (2) or any other state law. The department shall transfer all public and private moneys received through gifts, grants, and donations to the state treasurer, who shall credit the same to the cash fund.

(c) Repealed.