ENROLLED HOUSE
BILL NO. 1138 By: Pfeiffer and Lawson of the House
and
Kidd of the Senate
An Act relating to public finance; amending 62 O.S. 2021,
Section 555, which relates to warrants; requiring the initiation of a
stop-payment order under certain circumstance; authorizing the issuance of a
second or duplicate check, warrant, or voucher without a stop-payment order if
certain conditions are met; updating statutory language; and providing an
effective date.
SUBJECT:
Public finance
BE IT
ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.
AMENDATORY 62 O.S. 2021,
Section 555, is amended to read as follows:
Section 555. The clerk
of any county, city or town, is hereby authorized and empowered to issue 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. Unless the treasurer of
any county, city or town has evidence that a stop-payment order has been
issued, no second or duplicate check, warrant or voucher shall be issued until
an 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, together with an; and
2. An indemnifying bond running to the
treasurer of the county, city, or town, or to the State Treasurer
of the State of Oklahoma, 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 of the
State of Oklahoma, 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 of the State of Oklahoma, 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 of the State of Oklahoma, 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.
SECTION 2.
This act shall become effective November 1, 2022.
Passed the House of Representatives the 16th day of May, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the 26th day of April, 2022.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office
of the Governor this ____________________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________
Approved by the
Governor of the State of Oklahoma this _________ day of ___________________,
20_______, at _______ o'clock _______ M.
_________________________________
Governor of
the State of Oklahoma
OFFICE
OF THE SECRETARY OF STATE
Received by the Office
of the Secretary of State this __________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________