Lost or destroyed state check, procedure to replace--falsification,penalty.
33.190. 1. If a state check is lost or destroyed, thepayee of such check shall prepare and file with the statetreasurer an affidavit under oath setting forth the factspertaining to such loss or destruction. Such affidavit shallconstitute a request for the issuance of a replacement check ifthe issuance of a replacement check is deemed appropriate. If astate payroll check is lost or destroyed prior to delivery to thepayee, a person responsible for that payroll may prepare and filewith the state treasurer an affidavit under oath setting forththe facts pertaining to such loss or destruction. Such affidavitshall constitute a request for the issuance of a replacementcheck if the issuance of a replacement check is deemedappropriate. If the check was endorsed and delivered to a thirdparty other than to a bank, trust company, savings and loanassociation, or building and loan association which made andpreserved photographic or microfilm record of the check, duringthe normal course of business prior to its loss or destruction,the third party who was in possession of the check at the time ofits loss or destruction may prepare and file with the statetreasurer an affidavit under oath setting forth the fact ofendorsement and delivery of the check and the facts pertaining tothe loss or destruction. Such affidavit shall constitute arequest for the issuance of a replacement check if the issuanceof a replacement check is deemed appropriate. If the check wasendorsed and delivered to a bank, trust company, savings and loanassociation, or building and loan association which made andpreserved a photographic or microfilm copy of the check, thetreasurer may accept such copy as proof that the check was inlawful possession of the bank, trust company, savings and loanassociation, or building and loan association at the time of theloss or destruction and the treasurer may pay the check on thephotographic copy after issuing a stop-payment order on theoriginal check and receiving acknowledgment of the stop-paymentorder from the bank dispensing state funds in payment of suchcheck, or by otherwise ensuring that the original check will notbe paid.
2. The state treasurer shall, after receipt of theaffidavit or statement and copy, and upon a determination by thestate treasurer that the lost or destroyed check has not beenpresented to the treasurer for payment, issue a stop-paymentorder for the lost or destroyed check to the bank depositary onwhich the lost or destroyed check is drawn, and shall reissue areplacement check to the payee of the check which has been lostor destroyed or to the payee of the check and the third party towhom the check was endorsed and delivered.
3. Any person who shall knowingly make false affidavit forthe purpose of procuring a replacement check, or shall procure areplacement check by false representation, or shall negotiate anycheck for which the person has caused a replacement check to beissued, or who negotiates any replacement check procured by falseaffidavit or false representation, shall be guilty of stealingand shall be tried under the general criminal laws of this statepertaining to such offenses and upon conviction shall be punishedin accordance with the general law.
Lost or destroyed state check, procedure to replace--falsification,penalty.
33.190. 1. If a state check is lost or destroyed, thepayee of such check shall prepare and file with the statetreasurer an affidavit under oath setting forth the factspertaining to such loss or destruction. Such affidavit shallconstitute a request for the issuance of a replacement check ifthe issuance of a replacement check is deemed appropriate. If astate payroll check is lost or destroyed prior to delivery to thepayee, a person responsible for that payroll may prepare and filewith the state treasurer an affidavit under oath setting forththe facts pertaining to such loss or destruction. Such affidavitshall constitute a request for the issuance of a replacementcheck if the issuance of a replacement check is deemedappropriate. If the check was endorsed and delivered to a thirdparty other than to a bank, trust company, savings and loanassociation, or building and loan association which made andpreserved photographic or microfilm record of the check, duringthe normal course of business prior to its loss or destruction,the third party who was in possession of the check at the time ofits loss or destruction may prepare and file with the statetreasurer an affidavit under oath setting forth the fact ofendorsement and delivery of the check and the facts pertaining tothe loss or destruction. Such affidavit shall constitute arequest for the issuance of a replacement check if the issuanceof a replacement check is deemed appropriate. If the check wasendorsed and delivered to a bank, trust company, savings and loanassociation, or building and loan association which made andpreserved a photographic or microfilm copy of the check, thetreasurer may accept such copy as proof that the check was inlawful possession of the bank, trust company, savings and loanassociation, or building and loan association at the time of theloss or destruction and the treasurer may pay the check on thephotographic copy after issuing a stop-payment order on theoriginal check and receiving acknowledgment of the stop-paymentorder from the bank dispensing state funds in payment of suchcheck, or by otherwise ensuring that the original check will notbe paid.
2. The state treasurer shall, after receipt of theaffidavit or statement and copy, and upon a determination by thestate treasurer that the lost or destroyed check has not beenpresented to the treasurer for payment, issue a stop-paymentorder for the lost or destroyed check to the bank depositary onwhich the lost or destroyed check is drawn, and shall reissue areplacement check to the payee of the check which has been lostor destroyed or to the payee of the check and the third party towhom the check was endorsed and delivered.
3. Any person who shall knowingly make false affidavit forthe purpose of procuring a replacement check, or shall procure areplacement check by false representation, or shall negotiate anycheck for which the person has caused a replacement check to beissued, or who negotiates any replacement check procured by falseaffidavit or false representation, shall be guilty of stealingand shall be tried under the general criminal laws of this statepertaining to such offenses and upon conviction shall be punishedin accordance with the general law.
Lost or destroyed state check, procedure to replace--falsification,penalty.
33.190. 1. If a state check is lost or destroyed, thepayee of such check shall prepare and file with the statetreasurer an affidavit under oath setting forth the factspertaining to such loss or destruction. Such affidavit shallconstitute a request for the issuance of a replacement check ifthe issuance of a replacement check is deemed appropriate. If astate payroll check is lost or destroyed prior to delivery to thepayee, a person responsible for that payroll may prepare and filewith the state treasurer an affidavit under oath setting forththe facts pertaining to such loss or destruction. Such affidavitshall constitute a request for the issuance of a replacementcheck if the issuance of a replacement check is deemedappropriate. If the check was endorsed and delivered to a thirdparty other than to a bank, trust company, savings and loanassociation, or building and loan association which made andpreserved photographic or microfilm record of the check, duringthe normal course of business prior to its loss or destruction,the third party who was in possession of the check at the time ofits loss or destruction may prepare and file with the statetreasurer an affidavit under oath setting forth the fact ofendorsement and delivery of the check and the facts pertaining tothe loss or destruction. Such affidavit shall constitute arequest for the issuance of a replacement check if the issuanceof a replacement check is deemed appropriate. If the check wasendorsed and delivered to a bank, trust company, savings and loanassociation, or building and loan association which made andpreserved a photographic or microfilm copy of the check, thetreasurer may accept such copy as proof that the check was inlawful possession of the bank, trust company, savings and loanassociation, or building and loan association at the time of theloss or destruction and the treasurer may pay the check on thephotographic copy after issuing a stop-payment order on theoriginal check and receiving acknowledgment of the stop-paymentorder from the bank dispensing state funds in payment of suchcheck, or by otherwise ensuring that the original check will notbe paid.
2. The state treasurer shall, after receipt of theaffidavit or statement and copy, and upon a determination by thestate treasurer that the lost or destroyed check has not beenpresented to the treasurer for payment, issue a stop-paymentorder for the lost or destroyed check to the bank depositary onwhich the lost or destroyed check is drawn, and shall reissue areplacement check to the payee of the check which has been lostor destroyed or to the payee of the check and the third party towhom the check was endorsed and delivered.
3. Any person who shall knowingly make false affidavit forthe purpose of procuring a replacement check, or shall procure areplacement check by false representation, or shall negotiate anycheck for which the person has caused a replacement check to beissued, or who negotiates any replacement check procured by falseaffidavit or false representation, shall be guilty of stealingand shall be tried under the general criminal laws of this statepertaining to such offenses and upon conviction shall be punishedin accordance with the general law.
