Maryland 2025 Regular Session

Maryland Senate Bill SB31 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *sb0031*
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77 SENATE BILL 31
88 I4 5lr1474
99 (PRE–FILED)
1010 By: Senator Ellis
1111 Requested: October 29, 2024
1212 Introduced and read first time: January 8, 2025
1313 Assigned to: Finance
1414
1515 A BILL ENTITLED
1616
1717 AN ACT concerning 1
1818
1919 Commercial Law – Attachment of Wages – Exemptions 2
2020 (Exempt Income Protection Act) 3
2121
2222 FOR the purpose of altering the amount of wages of a judgment debtor that are exempt 4
2323 from attachment; requiring an employer served with an attachment to make certain 5
2424 notifications to a judgment debtor; and generally relating to exemptions from 6
2525 attachment. 7
2626
2727 BY repealing and reenacting, with amendments, 8
2828 Article – Commercial Law 9
2929 Section 15–601.1 and 15–603 10
3030 Annotated Code of Maryland 11
3131 (2013 Replacement Volume and 2024 Supplement) 12
3232
3333 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
3434 That the Laws of Maryland read as follows: 14
3535
3636 Article – Commercial Law 15
3737
3838 15–601.1. 16
3939
4040 (a) In this section, “disposable wages” means the part of wages that remain after 17
4141 deduction of any amount required to be withheld by law. 18
4242
4343 (b) The following are exempt from attachment: 19
4444
4545 (1) The greater of: 20
4646 2 SENATE BILL 31
4747
4848
4949 (i) [75 percent] 75% of the disposable wages AND SOCIAL 1
5050 SECURITY, DISABILITY, OR UNEMPLOYMENT BENEFIT S due; or 2
5151
5252 (ii) [30 times the State minimum hourly wage in effect at the time 3
5353 the wages are due,] 150% OF THE FEDERAL POVERTY LEVE L FOR WEEKLY INCOME AS 4
5454 DETERMINED BY THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR A 5
5555 HOUSEHOLD O F THE JUDGMENT DEBTO R’S SIZE multiplied by the number of weeks 6
5656 during which the wages due were earned; and 7
5757
5858 (2) Any medical insurance payment deducted from an employee’s wages by 8
5959 the employer. 9
6060
6161 (c) The amount subject to attachment shall be calculated per pay period 10
6262
6363 15–603. 11
6464
6565 (a) While the attachment remains a lien, the employer/garnishee shall withhold 12
6666 all attachable wages payable to the judgment debtor and remit the amount withheld to the 13
6767 judgment creditor or his legal representative within 15 days after the close of the last pay 14
6868 period in each month. 15
6969
7070 (b) If the employer/garnishee is served with more than one attachment against 16
7171 the same judgment debtor, then the attachments shall be satisfied in the order in which 17
7272 they were served, and each prior attachment must be satisfied before any effect can be 18
7373 given to a subsequent attachment. 19
7474
7575 (C) WHEN AN EMPLOYER/GARNISHEE IS SERVED WITH AN ATTACHMENT , 20
7676 THE EMPLOYER/GARNISHEE SHALL NOTIFY THE JUDGMENT DEBTOR IN WRITING OF: 21
7777
7878 (1) THE AMOUNT OF WAGES E XEMPT FROM ATTACHMENT UNDER § 22
7979 15–601.1 OF THIS SUBTITLE; 23
8080
8181 (2) THE METHOD USED TO CA LCULATE THE AMOUNT O F ATTACHABLE 24
8282 WAGES; AND 25
8383
8484 (3) THE PROCEDURE BY WHIC H THE JUDGMENT DEBTO R MAY 26
8585 CONTEST THE ATTACHME NT UNDER MARYLAND RULE 3–646. 27
8686
8787 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 28
8888 1, 2025. 29