House Bill 551

HOUSE BILL 551

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Martin R. Zamora

 

 

 

 

 

AN ACT

RELATING TO GAMING; AMENDING REQUIREMENTS AND PROCEDURES FOR LIENS ON WINNINGS FOR DEBT OWED TO OR COLLECTED BY THE HEALTH CARE AUTHORITY.

 

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

     SECTION 1. Section 60-2E-61.1 NMSA 1978 (being Laws 2009, Chapter 149, Section 1) is amended to read:

     "60-2E-61.1. LIEN ON WINNINGS FOR DEBT OWED TO OR COLLECTED BY [HUMAN SERVICES DEPARTMENT] HEALTH CARE AUTHORITY--PROCEDURE.--

          A. By operation of law, a lien attaches to a payout of at least one thousand two hundred dollars ($1,200), [or more] as set by the board rule in accordance with federal law, from a gaming machine of a racetrack gaming operator licensee when won by a person owing a debt to or collected by the [human services department] health care authority acting as the state's child support enforcement agency pursuant to Title IV-D of the federal Social Security Act. If a change is made in federal law to the threshold amount for which a lien attaches to a payout pursuant to this subsection, the health care authority shall, within thirty days of the effective date of such change, inform the board's legal and information technology divisions of the threshold amount required by federal law.

          B. The [human services department] health care authority shall through secure means periodically provide the board with a verified list of names and social security numbers [and the last known addresses] of obligors owing a debt to or collected pursuant to [Section 1] Subsection A of this section by the [department] authority.

          C. In order to enforce the lien pursuant to Subsection A of this section, the board shall by rule adopt procedures applicable to racetrack gaming operator licensees when [a] an applicable payout occurs. The board shall provide a racetrack gaming operator licensee with [an electronic system to search by] a secure electronic method by which to search the names and social security numbers of persons currently owing a debt subject to or collected by the [human services department] health care authority. Prior to the payment of a payout, the licensee shall make a good-faith effort to check the name of the winner against the list of names and social security numbers provided by the [human services department] health care authority to the board. The licensee's authorized employee shall enter the winner's name, social security number, jackpot amount and manual payout form number into the electronic search method provided by the board that shall contain the list of obligors owing a debt to or collected by the health care authority pursuant to Subsection A of this section.

          D. If the winner is a person owing a debt to or collected by the [human services department] health care authority, the racetrack gaming operator licensee shall retain the payout and promptly notify the [department] health care authority and the board on a form approved by the [department] health care authority. The [human services department] health care authority shall establish by rule an administrative process for support obligors to contest the obligation prior to release of the funds by the licensee to the [department] health care authority. The [human services department] health care authority shall, within seven working days of receipt of notice of the payout, provide the racetrack gaming operator licensee with written notice of its intent to enforce the administrative lien and of the amount claimed. After receiving the notice of intent, the racetrack gaming operator licensee shall retain the amount claimed in a suspense account and remit the balance to the payout winner. Upon final disposition of the administrative procedure, the [human services department] health care authority shall immediately notify the racetrack gaming operator licensee in writing of the amount to be tendered to the [department] health care authority and release the lien for any remaining funds to be distributed to the payout winner.

          E. The board shall by rule adopt lien attachment and enforcement procedures applicable to other gaming operator licensees when a gaming machine payout equals [one thousand two hundred dollars ($1,200) or more] or exceeds the threshold amount.

          F. Neither the board nor any gaming operator shall be liable to the [human services department] health care authority or to the person on whose behalf the [department] health care authority is collecting the debt if the licensee fails, in good faith, to match a winner's name to a name on the list provided pursuant to [Subsection] Subsections B and C of this section."

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