2023 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 [health care authority department]; payment to department; procedure.

A. The human services department [health care authority 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 [health care authority 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 [health care authority 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 [health care authority 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 [health care authority 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 [health care authority 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 [health care authority 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.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
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.