2019 New Mexico Statutes
Chapter 6 - Public Finances
Article 24 - New Mexico Lottery
Section 6-24-22 - Lien on lottery winnings for debt collected by human services department; payment to department; procedure.

A. The human services department 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. This list shall include individuals that owe child support being collected by the state's child support enforcement agency pursuant to Title IV-D of the Social Security Act.

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 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 ninety days from the lottery's confirmation of the amount of the debt to allow the department to institute any necessary administrative seizure proceedings in accordance with Section 27-1-11 NMSA 1978. If an administrative seizure a proceeding is not initiated within the ninety-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 lien upon written notice to the authority.

F. A lien or administrative seizure established against a lottery prize on behalf of a child support enforcement case shall take first priority over all other liens established by the department.

G. A lien under this section is in addition to any other lien created by law.

History: Laws 1995, ch. 155, § 22; 2004, ch. 40, § 1.

Cross references. — For enforcement of support obligations, see Chapter 40, Article 4A NMSA 1978.

For Title IV-D of the federal Social Security Act, see 42 U.S.C.S. § 651 et seq.

The 2004 amendments, effective May 19, 2004, amended Subsection A to delete the language relating to Title IV-D of the Social Security Act and to add the last sentence of the subsection, amended Subsection D to change "thirty" to "ninety" in both places and to change "garnishment or wage withholding" to "an administrative seizure" and added "Section 27-1-11 NMSA 1978", added a new Subsection F and redesignated former Subsection F as Subsection G.