Illinois General Assembly - Illinois Compiled Statutes

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15 ILCS 405/10.10

(15 ILCS 405/10.10) (from Ch. 15, par. 210.10)

Sec. 10.10.

(a) If any Comptroller's warrant is lost, mislaid or destroyed,
or becomes void after issuance, so that it cannot be presented for payment
by the person entitled thereto, the Comptroller, at any time before that
warrant is paid by the State Treasurer, but within 5 years of the
date of issuance, may issue a replacement warrant to the person entitled
thereto.  If the original warrant was not cancelled or did not become void,
the Comptroller, before issuing the replacement warrant, shall issue a stop
payment order on the State Treasurer and receive a confirmation of the stop
payment order on the original warrant from the State Treasurer.

(b) Only the person entitled to the original warrant, or his heirs or
legal representatives, or a third party to whom it was properly negotiated
or the heirs or legal representatives of such party, may request a replacement
warrant.  In the case of a warrant issued to a payee who dies before the
warrant is paid by the State Treasurer and whose estate has been probated
pursuant to law, the Comptroller, upon receipt of a certified copy of a
judicial order establishing the person or entity entitled to payment, may
issue a replacement warrant to such person or entity.

(c) Within 12 months from the date of issuance of the
original warrant, if the original warrant has not been canceled for redeposit,
the Comptroller may issue a replacement warrant on the original voucher drawing
upon the same fund and charging the same appropriation or other expenditure
authorization as the original warrant.

(d) Within 12 months from the date of issuance of the original
warrant, if the original warrant has been canceled for redeposit, and if the
issuance of the replacement warrant would not over-obligate the appropriation
or other expenditure authority against which it is drawn, the Comptroller may
issue the replacement warrant.  If the original warrant was issued against
an appropriation or other expenditure authority which has lapsed, the
replacement warrant shall be drawn on the Warrant Escheat Fund.  If the
appropriation or other obligational authority against which the replacement
warrant is drawn has not lapsed, the Comptroller shall notify the
originating agency of the request for a replacement warrant and shall
receive a replacement voucher from that agency before drawing the
replacement warrant, which shall be drawn on the same fund and charged to
the same appropriation or other expenditure authority as the original warrant.

(e) Within 12 months from the date of issuance of the original
warrant, if the original warrant has been canceled for redeposit, the Comptroller

may not issue a replacement warrant where such issuance would over-obligate
the appropriation or other expenditure authority against which the original
warrant was drawn.  Whenever the Comptroller is presented with a request
for a replacement warrant which may not be issued under the limitation of
this subsection, if the appropriation or other expenditure authority
against which the original warrant was drawn has not lapsed, the Comptroller
shall immediately inform the originating agency of the request and that
the request may not be honored because of the resulting
over-obligation, and shall request the agency to determine whether or not
that agency will take some corrective action before the applicable expenditure
authorization lapses.  The originating agency shall respond to the Comptroller's
 inquiry within 5 business days.

(f) After 12 months from the date of issuance of the
original warrant,
if the original warrant has not been cancelled for redeposit, the Comptroller
shall issue the replacement warrant on the Warrant Escheat Fund.

(f-5) After 5 years from the date of issuance of the original warrant but no later than 10 years after that date, the Comptroller may issue a replacement warrant on the Warrant Escheat Fund to a person or entity entitled thereto, as those persons and entities are described in subsection (b) of this Section, if the following requirements are met:

(1) the person or entity verifies that the person or

entity is entitled to the original warrant;

(2) in the case of a warrant that is not presented by

the requestor, the paying agency certifies that the original payee is still entitled to the payment; and

(3) the Comptroller's records are available and

confirm that the warrant was not replaced.

(g) Except as provided in this Section, requests for replacement warrants
for more than $500 shall show entitlement to such warrant by
including an affidavit, in writing, sworn before a person authorized to
administer oaths and affirmations, stating the loss or destruction of the
warrant, or the
fact that the warrant is void.  However, when the written request for a
replacement warrant submitted by the person to whom the original warrant was
issued is accompanied by the original warrant, no affidavit is
required.  Requests for replacement warrants for $500 or less shall show entitlement to such
warrant by submitting a written statement of the loss
or destruction of the warrant, or the fact that the warrant is void on an
application form prescribed by the Comptroller.  If the person requesting the
replacement is in possession of the original warrant, or any part thereof, the
original warrant or the part thereof must accompany the request for
replacement.  The Comptroller shall then draw such replacement warrant, and the
treasurer
shall pay the replacement warrant.  If at the time of a loss or destruction
a warrant was negotiated to a third party, however (which fact shall be
ascertained by the oath of the party making the application, or otherwise),
before the replacement warrant is drawn
by the Comptroller, the person requesting the replacement warrant must give
the Comptroller a bond or bonds with sufficient sureties, to be approved
by the Comptroller, when required by regulation of the Comptroller, payable
to the People of the State of Illinois, for the refunding of the
amount, together with all costs and charges, should the State afterwards
be compelled to pay the original warrant.

(Source: P.A. 98-411, eff. 8-16-13; 98-756, eff. 7-16-14.)