Effective - 10 May 1994
33.190. Lost or destroyed state check, procedure to replace — falsification, penalty. — 1. If a state check is lost or destroyed, the payee of such check shall prepare and file with the state treasurer an affidavit under oath setting forth the facts pertaining to such loss or destruction. Such affidavit shall constitute a request for the issuance of a replacement check if the issuance of a replacement check is deemed appropriate. If a state payroll check is lost or destroyed prior to delivery to the payee, a person responsible for that payroll may prepare and file with the state treasurer an affidavit under oath setting forth the facts pertaining to such loss or destruction. Such affidavit shall constitute a request for the issuance of a replacement check if the issuance of a replacement check is deemed appropriate. If the check was endorsed and delivered to a third party other than to a bank, trust company, savings and loan association, or building and loan association which made and preserved photographic or microfilm record of the check, during the normal course of business prior to its loss or destruction, the third party who was in possession of the check at the time of its loss or destruction may prepare and file with the state treasurer an affidavit under oath setting forth the fact of endorsement and delivery of the check and the facts pertaining to the loss or destruction. Such affidavit shall constitute a request for the issuance of a replacement check if the issuance of a replacement check is deemed appropriate. If the check was endorsed and delivered to a bank, trust company, savings and loan association, or building and loan association which made and preserved a photographic or microfilm copy of the check, the treasurer may accept such copy as proof that the check was in lawful possession of the bank, trust company, savings and loan association, or building and loan association at the time of the loss or destruction and the treasurer may pay the check on the photographic copy after issuing a stop-payment order on the original check and receiving acknowledgment of the stop-payment order from the bank dispensing state funds in payment of such check, or by otherwise ensuring that the original check will not be paid.
2. The state treasurer shall, after receipt of the affidavit or statement and copy, and upon a determination by the state treasurer that the lost or destroyed check has not been presented to the treasurer for payment, issue a stop-payment order for the lost or destroyed check to the bank depositary on which the lost or destroyed check is drawn, and shall reissue a replacement check to the payee of the check which has been lost or destroyed or to the payee of the check and the third party to whom the check was endorsed and delivered.
3. Any person who shall knowingly make false affidavit for the purpose of procuring a replacement check, or shall procure a replacement check by false representation, or shall negotiate any check for which the person has caused a replacement check to be issued, or who negotiates any replacement check procured by false affidavit or false representation, shall be guilty of stealing and shall be tried under the general criminal laws of this state pertaining to such offenses and upon conviction shall be punished in accordance with the general law.
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(RSMo 1939 § 13079, A.L. 1945 p. 1428 § 45a, A.L. 1959 S.B. 5, A.L. 1972 H.B. 1047, A.L. 1980 H.B. 1667, A.L. 1983 H.B. 389, A.L. 1988 H.B. 1260, A.L. 1989 S.B. 444, A.L. 1994 H.B. 1553 merged with S.B. 684)
Prior revisions: 1929 § 11462; 1919 § 13368; 1909 § 11869
Structure Missouri Revised Statutes
Chapter 33 - State Financial Administration
Section 33.030 - Powers and duties.
Section 33.035 - Readvancement of federal funds, preapproval not required.
Section 33.050 - Allocation of money — certification.
Section 33.060 - Commissioner of administration custodian of all account books of the state.
Section 33.065 - Obligations incurred, when.
Section 33.085 - Application for federal funds, copy to certain state officials.
Section 33.095 - Mileage allowance, employees of state and certain counties.
Section 33.100 - Salaries to be paid, how and when.
Section 33.101 - Employees may request monthly pay.
Section 33.102 - Deceased employee's unused vacation, compensation for, to whom paid.
Section 33.110 - Fiscal year defined — reports to general assembly.
Section 33.130 - Setoff in suits brought by state allowed, when.
Section 33.140 - Examination of witnesses and issuance of subpoenas.
Section 33.150 - Preserve all accounts and vouchers — destroy, when.
Section 33.160 - Form of warrant.
Section 33.170 - No warrant to be drawn or paid unless money appropriated for payment.
Section 33.190 - Lost or destroyed state check, procedure to replace — falsification, penalty.
Section 33.195 - Proceeds of unpaid check returned to fund and appropriation on which drawn.
Section 33.200 - Penalty for certification of unauthorized claims.
Section 33.202 - Penalties assessed by state agencies for late fees or reports, authorized, when.
Section 33.220 - Each department to submit estimates of money requirements.
Section 33.230 - Estimates to show expenditures of preceding biennium.
Section 33.240 - Estimates of anticipated revenue to be furnished.
Section 33.260 - Powers of governor-elect relative to budget.
Section 33.270 - Budget to legislature in printed form — contents.
Section 33.280 - Budget submitted to legislature within thirty days.
Section 33.290 - Work program and requested allotments of appropriations.
Section 33.300 - Board of fund commissioners — members — officers — duties.
Section 33.305 - Board of fund commissioners and board of public buildings, additional authority.
Section 33.320 - Fund commissioners to keep record of proceedings.
Section 33.330 - Renewal of defaced or mutilated bonds.
Section 33.340 - Defaced bonds to be surrendered to board of fund commissioners before renewed.
Section 33.350 - Commissioners to examine into validity of defaced bonds.
Section 33.360 - Endorsement of surrendered bonds.
Section 33.370 - Endorsement of duplicate bonds.
Section 33.380 - Lost bonds or coupons — application for renewal.
Section 33.390 - Bond to accompany statement — nature and amount of obligation.
Section 33.400 - Commissioners to issue duplicate bonds or coupons, when.
Section 33.410 - Issuance of duplicate bonds.
Section 33.420 - Endorsement of duplicate bonds.
Section 33.440 - Commissioners to select fiscal agent.
Section 33.450 - Fiscal agent to furnish board with statement.
Section 33.460 - Duty of fund commissioners to make requisition for amount of interest.
Section 33.520 - Deposits may be withdrawn.
Section 33.530 - Treasurer to keep cancelled bonds and coupons.
Section 33.540 - Treasurer to keep redeemed bond register.
Section 33.541 - Refunding bonds, when, requirements, powers of the board.
Section 33.543 - General revenue fund created.
Section 33.546 - Federal grant program fund created — deposits and disbursements — lapse.
Section 33.550 - Director of revenue authorized to accept gifts.
Section 33.563 - State institutions gift trust fund created.
Section 33.800 - Procedure to be established for performance-based review of state agencies.
Section 33.807 - Access to all records and assistance to house and senate committees, exceptions.
Section 33.825 - Citation of law.
Section 33.829 - Director of oversight to be federal mandate auditor.