N.M. Admin. Code § 15.1.19.10 - VERIFICATION OF WINNINGS; REPORTING PROCEDURES; RACETRACK GAMING OPERATORS
A. When the winning
patron seeks payment of winnings in the amount of twelve hundred dollars
($1,200.00) or more, a racetrack gaming operator licensee shall verify the
winnings in accordance with approved minimum internal control
standards.
B. Upon verification of
the validity of the winnings, and before payment of the winnings, the racetrack
gaming operator licensee shall ensure that the winning patron completes a form
provided or approved by the board to report the winnings.
C. The form shall include the following
information and shall be completed in full:
(1) the name, address, telephone number, and
social security number of the winning patron;
(2) the exact amount of the
winnings;
(3) the date the winnings
were won; and
(4) the name,
address, telephone number, and gaming operator license number of the gaming
operator.
D. After
verifying the win, the racetrack gaming operator licensee shall verify the
identity of the winning patron and the information provided by the winning
patron on the form against at least one (1) of the following forms of
photograph identification.
(1) valid driver
licensee issued by any state in the United States of America;
(2) valid identification card issued by any
state in the United States of America;
(3) valid employment card issued by any state
in the United States of America;
(4) valid military identification card or
military dependent identification card;
(5) valid passport issued by the United
States government or other country recognized by the United States government;
and
(6) valid alien resident
identification card issued by the United State government.
E. The racetrack gaming operator licensee
shall also verify the social security number provided by the winning patron on
the form against one (1) of the following documents:
(1) winning patron's social security card;
or
(2) by having patron complete
internal revenue service (IRS) form W-9.
F. After a racetrack gaming operator licensee
verifies the win and the identification of the winning patron, the gaming
operator licensee shall enter the winning patron's name and social security
number into the secure online database in order to determine whether the
winning patron's name is currently on the involuntary exclusion list,
self-exclusion list or the child support enforcement lien list. The racetrack
gaming operator licensee shall print out the database lookup information and
attach it to the jackpot paperwork.
G. If a racetrack gaming operator licensee
determines that the winning patron is currently on the child support
enforcement lien list the licensee shall:
(1)notify the winning patron that his name
appears on the child support enforcement lien list;
(2) withhold payment of the
jackpot;
(3) document the
transaction and account for all monies so withheld in accordance with the
licensee's internal controls;
(4)
within twenty-four (24) hours fill out and fax or e-mail a notification form to
the state child support enforcement division of the New Mexico department of
human services;
(5) provide a
printout of the database lookup page to the winning patron;
(6) the child support enforcement division
will notify the racetrack gaming operator licensee within seven (7) days of
whether all or part of the jackpot may be released to the winning patron; the
gaming operator licensee shall hold any monies claimed by the child support
enforcement division until the outcome of any child support lien is determined;
upon being notified of the outcome of the child support enforcement division
lien, the gaming operator licensee shall either pay the winnings to the winning
patron or forward the winnings to the child support enforcement division with
the case number attached.
H.If a gaming operator licensee determines
that the winning patron is currently on the self-exclusion database, the
licensee shall:
(1) notify the patron of his
self-excluded status;
(2) withhold
the jackpot and confiscate any credits on the gaming machine being played by
the self-excluded person for use to supplement the licensee's statutory
compulsive gambling monies;
(3)
document and account for all monies so withheld in accordance with the
licensee's internal controls; and
(4) provide a printout of the database lookup
page to the winning patron.
I.If a racetrack gaming operator licensee
determines that a winning patron is on both the child support enforcement lien
list and the self-exclusion list, the licensee shall use the procedures set
forth in Subsection G of
15.1.19.10 NMAC. In the event that
there are winnings in excess of any child support enforcement lien, with
respect to those monies the licensee shall use the procedures set forth in
Subsection H of
15.1.19.10 NMAC.
J.If a racetrack gaming operator licensee
determines that a winning patron is on the involuntary exclusion list, the
licensee shall exclude the winning patron from the premises and notify the
winning patron that he may be subject to prosecution for criminal trespass. If
a winning patron on the involuntary exclusion list is also on the child support
enforcement lien list, the licensee shall follow the procedures for forfeiture
set forth is Subsection G of
15.1.19.10 NMAC.
K. If the winning patron is not involuntarily
excluded, self-excluded or subject to a child support enforcement lien, the
racetrack gaming operator licensee shall pay the winnings upon verification of
the information provided by the winning patron.
L.In the event the online database is not
functioning at the time of a jackpot win, a racetrack gaming operator licensee
shall:
(1) ensure that the winning patron
completes a form provided or approved by the board to report the winnings; the
form shall be completed in full and include the following information:
(a) a statements, under penalty of perjury
that to the best of the winning patron's knowledge and belief, that the winning
patron does not owe and is not delinquent in child support payments in any
state; and
(b) a statement, under
penalty of perjury attesting to the accuracy of the information
provided.
(2) when the
online database regains functionality, look up the patron's information on the
database; if the patron is found to owe child support, the racetrack gaming
operator shall report the patron's information to the child support enforcement
division within forty-eight (48) hours.
M. If a winning patron refuses to provide any
of the information required by this rule, or fails or refuses to complete any
reporting form, the gaming operator licensee shall withhold the winnings until
such time as the information is provided.
Notes
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