duplicate - Affidavit - Bond - Records. If a check, warrant, or voucher has been issued and is subsequently lost or destroyed, the treasurer of any county, city, or town shall initiate a stop-payment order or submit a positive pay file providing the payee, amount, and serial number of the check, warrant, or voucher to the depository prior to the clerk of the county, city, or town issuing a second or duplicate check, warrant, or voucher. If the treasurer of any county, city, or town is unable to initiate a stop-payment order or submit a positive pay file providing the payee, amount, and serial number of the check, warrant, or voucher to the depository, clerks are authorized and empowered to issue a second or duplicate check, warrant, or voucher in lieu of any check, warrant, or voucher that has been issued and subsequently lost or destroyed if the following conditions are met: 1. An affidavit setting forth the facts as to the loss or destruction of the original check, warrant, or voucher has been filed with the clerk; and 2. An indemnifying bond running to the treasurer of the county, city, or town, or to the State Treasurer, in double the amount of such lost or destroyed check, warrant, or voucher. The conditions of such bond shall be to indemnify and protect the county, city, or town, or to the State Treasurer, from any loss or harm occasioned or sustained on account of the issue of such second or duplicate check, warrant, or voucher. The bond shall be satisfactory to the treasurer of such county, city, or town, or to the State Treasurer, who shall, upon being satisfied as to the sufficiency of the bond, endorse approval thereon. The clerk and treasurer shall make such records in their respective offices as will, as nearly as possible, preclude any loss being sustained by the county, city, or town, or to the State Treasurer, on account of the issue of any second or duplicate check, warrant, or voucher. Warrants issued by the State Treasurer against claims submitted through the Director of the Office of Management and Enterprise Services in payment of obligations of the state which may subsequently be lost or destroyed will be governed by the provisions of Section 34.81 of this title. Added by Laws 1953, p. 287, § 1, emerg. eff. June 1, 1953. Amended by Laws 1982, c. 39, § 2, emerg. eff. March 26, 1982; Laws 1985, c. 348, § 7, emerg. eff. July 30, 1985; Laws 1990, c. 221, § 4, operative July 1, 1990; Laws 1991, c. 124, § 29, eff. July 1, 1991; Laws 1997, c. 144, § 2, eff. July 1, 1997; Laws 2004, c. 361, § 14, eff. July 1, 2004; Laws 2012, c. 304, § 465; Laws 2022, c. 283, § 1, eff. Nov. 1, 2022.
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