SECTIONS 17090-17097 - California Statutes

GOVERNMENT CODE

SECTION 17090-17097

17090. Whenever any warrant lawfully drawn by the Controller is
lost or destroyed before it is paid by the Treasurer, the owner or
custodian may, prior to the time the warrant becomes void, procure
the issuance of a duplicate warrant upon compliance with this
article.

17091. Application for a duplicate warrant shall be made by filing
with the Controller:
(a) An affidavit setting forth the fact of its loss or
destruction, giving the number, date, amount, and name of the payee,
together with all material facts relative to the loss or destruction.
(b) An agreement to indemnify and hold harmless the state, its
officers and employees, from any loss resulting from the issuance of
the duplicate warrant.
No indemnity agreement shall be required: (1) when the payee is
the United States Government, a state of the United States, any
agency, instrumentality or officer of the United States Government or
of a state, or any county, city, city and county, town, district, or
other political subdivision of a state, or any officer thereof; or
(2) when the owner or custodian is the State of California or any
agency or officer thereof.
The Controller need not require an indemnity agreement if the
Controller determines that it is in the best interest of the state
and that the state is adequately protected without an agreement.

17091.5. In the case of a lost or destroyed warrant issued by the
Controller payable to a retirant, beneficiary, or disabilitant of a
state retirement system, for a monthly allowance, the Controller may
accept an application and affidavit filed by the state retirement
system on behalf of the payee. No indemnity or hold harmless
agreement shall be required with such an application.

17092. The indemnity agreement shall be in a form as approved by
the Attorney General. The Controller shall examine and pass upon the
sufficiency of the application, including the agreement, and approve
or reject it within 30 days after it is filed with the Controller.

17093. If the application is approved, the Controller shall issue
and deliver to the applicant, on demand, a duplicate warrant for the
full amount of the original warrant. When the Controller issues the
duplicate, he shall notify the Treasurer that a duplicate warrant has
been issued and identify the warrant.

17094. The Controller shall make the proper entries on his books,
showing the lost or destroyed warrants, and the issuance of duplicate
warrants in lieu thereof.

17095. The Treasurer shall pay such a duplicate warrant as though
it were the original.

17096. A duplicate warrant is void if not presented to the
Treasurer for payment within the same time limit provided by law for
the original warrant.

17096.1. An agency that submits a claim schedule to the State
Controller's office that results in a warrant that is canceled under
Section 17070 may submit a claim schedule against the fund to which
the original warrant reverted pursuant to Section 17072 for two years
following the date of cancellation of the original warrant.

17097. Any loss incurred in connection with the issuance of a
duplicate warrant shall be charged against the account from which the
payment was derived.