Cal. Civ. Code § 407.140
Merchandising practices revolving fund established — funding — administration purposes
Operative Text
1. There is created in the state treasury a special trust fund for the office of the attorney general, to be known as the "Merchandising Practices Revolving Fund", which shall consist of money transferred by the general assembly of the state of Missouri from the general revenue fund of this state, and any money paid into the state treasury and required by law to be credited to the merchandising practices revolving fund. The moneys in the merchandising practices revolving fund shall be kept separate and apart from all other moneys in the state treasury and shall be paid out by the state treasurer upon warrants issued by the state auditor as certified by the commissioner of administration upon verified vouchers of the attorney general. 2. Money in the merchandising practices revolving fund shall be available for the payment of all costs and expenses incurred by the attorney general in the investigation, prosecution, and enforcement of the provisions of this chapter, and to provide funds for consumer education and advocacy programs. 3. In any case in which the court awards damages as provided in section 407.100, there shall be added, in addition to restitution and costs, an amount equal to ten percent of the total restitution awarded, or such other amount as may be agreed upon by the parties or awarded by the court, which amount shall be paid into the state treasury to the credit of the merchandising practices revolving fund. 4. All moneys recovered as court costs or as costs provided by section 407.130 pursuant to litigation brought under the authority of this chapter shall be paid into the state treasury to the credit of the merchandising practices revolving fund. 5. Any restitution awarded under section 407.100 which is not claimed or for which the injured person entitled thereto cannot be found, or which is otherwise remaining after distribution by the attorney general, shall be paid into the state treasury to the credit of the merchandising practices revolving fund. 6. The provisions of section 33.080 requiring the transfer of all unexpended funds to the credit of the ordinary revenue fund of the state shall not apply to funds in the merchandising practices revolving fund.
Section 407.140 of Missouri's Merchandising Practices Act establishes a dedicated state trust fund — the Merchandising Practices Revolving Fund — held within the state treasury and administered through the Attorney General's office. Money flows into this fund from legislative appropriations, court-ordered cost recoveries, a ten-percent surcharge added to restitution awards under § 407.100, and any unclaimed restitution that cannot be distributed to injured consumers. The fund is reserved exclusively for financing the Attorney General's investigative and enforcement activities under the chapter, as well as consumer education and advocacy programs, and it is exempt from the standard year-end transfer rules that apply to most state funds.
Plain English — not legal advice.
Although § 407.140 primarily governs state treasury mechanics rather than landlord conduct directly, property owners and managers operating in Missouri should understand that enforcement actions brought under the Merchandising Practices Act are financially self-sustaining through this revolving fund. When courts award restitution under § 407.100, an additional ten-percent surcharge is automatically added and directed to the fund, meaning the cost of litigation for the Attorney General's office does not depend on annual budget cycles. Operators who comply with the Act's consumer-protection standards reduce their exposure to the enforcement machinery that this fund supports.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 407.140 is relevant to Missouri tenants because it shows how the Attorney General's office is resourced to investigate and prosecute violations of the Merchandising Practices Act on consumers' behalf. Restitution that is awarded but goes unclaimed or cannot be distributed is redirected into this fund rather than returned to violators, and a ten-percent surcharge on restitution awards under § 407.100 further sustains enforcement capacity. Tenants who believe they have experienced a deceptive or unfair practice may consider contacting the Missouri Attorney General's consumer-protection division or a local tenant-rights organization to learn about available complaint processes under this chapter.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
Rules and statutes that cite this regulation