SENATE BILL 558

46th legislature - STATE OF NEW MEXICO - second session, 2004

INTRODUCED BY

Ben D. Altamirano

AN ACT

RELATING TO GAMING; EXPANDING THE USE OF LIENS ON LOTTERY WINNINGS BY THE HUMAN SERVICES DEPARTMENT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 6-24-22 NMSA 1978 (being Laws 1995, Chapter 155, Section 22) is amended to read:

     "6-24-22. LIEN ON LOTTERY WINNINGS FOR DEBT COLLECTED BY HUMAN SERVICES DEPARTMENT--PAYMENT TO DEPARTMENT--PROCEDURE.--

          A. The human services department [acting as the state's child support enforcement agency pursuant to Title IV-D of the Social Security Act] shall periodically certify to the authority the names and social security numbers of persons owing a debt to or collected by the human services department.

          B. Prior to the payment of a lottery prize in excess of six hundred dollars ($600), the lottery shall check the name of the winner against the list of names and social security numbers of persons owing a debt to or collected by the human services department.

          C. If the prize winner is on the list of persons owing a debt to or collected by the agency, the lottery shall make a good-faith attempt to notify the human services department, and the department then has a lien against the lottery prize in the amount of the debt owed to or collected by the agency. The lottery has no liability to the human services department or the person on whose behalf the department is collecting the debt if the lottery fails to match a winner's name to a name on the list or is unable to notify the department of a match. The department shall provide the lottery with written notice of a support lien promptly within five working days after the lottery notifies the department of a match.

          D. If the lottery prize is to be paid directly by the authority, the amount of the debt owed to or collected by the human services department shall be held by the lottery for a period of thirty days from the lottery's confirmation of the amount of the debt to allow the department to institute any necessary garnishment or wage withholding proceedings. If a garnishment or withholding proceeding is not initiated within the thirty-day period, the authority shall release the lottery prize payment to the winner.

          E. The human services department, in its discretion, may release or partially release the [support] lien upon written notice to the authority.

          F. A [support] lien under this section is in addition to any other lien created by law."

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