Maryland 2025 Regular Session

Maryland Senate Bill SB31 Latest Draft

Bill / Introduced Version Filed 01/02/2025

                             
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *sb0031*  
  
SENATE BILL 31 
I4   	5lr1474 
  	(PRE–FILED)   
By: Senator Ellis 
Requested: October 29, 2024 
Introduced and read first time: January 8, 2025 
Assigned to: Finance 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Commercial Law – Attachment of Wages – Exemptions 2 
(Exempt Income Protection Act) 3 
 
FOR the purpose of altering the amount of wages of a judgment debtor that are exempt 4 
from attachment; requiring an employer served with an attachment to make certain 5 
notifications to a judgment debtor; and generally relating to exemptions from 6 
attachment. 7 
 
BY repealing and reenacting, with amendments, 8 
 Article – Commercial Law 9 
Section 15–601.1 and 15–603 10 
 Annotated Code of Maryland 11 
 (2013 Replacement Volume and 2024 Supplement) 12 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 
That the Laws of Maryland read as follows: 14 
 
Article – Commercial Law 15 
 
15–601.1. 16 
 
 (a) In this section, “disposable wages” means the part of wages that remain after 17 
deduction of any amount required to be withheld by law. 18 
 
 (b) The following are exempt from attachment: 19 
 
 (1) The greater of: 20 
  2 	SENATE BILL 31  
 
 
 (i) [75 percent] 75% of the disposable wages AND SOCIAL 1 
SECURITY, DISABILITY, OR UNEMPLOYMENT BENEFIT S due; or 2 
 
 (ii) [30 times the State minimum hourly wage in effect at the time 3 
the wages are due,] 150% OF THE FEDERAL POVERTY LEVE L FOR WEEKLY INCOME AS 4 
DETERMINED BY THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR A 5 
HOUSEHOLD O F THE JUDGMENT DEBTO R’S SIZE multiplied by the number of weeks 6 
during which the wages due were earned; and 7 
 
 (2) Any medical insurance payment deducted from an employee’s wages by 8 
the employer. 9 
 
 (c) The amount subject to attachment shall be calculated per pay period 10 
 
15–603. 11 
 
 (a) While the attachment remains a lien, the employer/garnishee shall withhold 12 
all attachable wages payable to the judgment debtor and remit the amount withheld to the 13 
judgment creditor or his legal representative within 15 days after the close of the last pay 14 
period in each month. 15 
 
 (b) If the employer/garnishee is served with more than one attachment against 16 
the same judgment debtor, then the attachments shall be satisfied in the order in which 17 
they were served, and each prior attachment must be satisfied before any effect can be 18 
given to a subsequent attachment. 19 
 
 (C) WHEN AN EMPLOYER/GARNISHEE IS SERVED WITH AN ATTACHMENT , 20 
THE EMPLOYER/GARNISHEE SHALL NOTIFY THE JUDGMENT DEBTOR IN WRITING OF: 21 
 
 (1) THE AMOUNT OF WAGES E XEMPT FROM ATTACHMENT UNDER § 22 
15–601.1 OF THIS SUBTITLE; 23 
 
 (2) THE METHOD USED TO CA LCULATE THE AMOUNT O F ATTACHABLE 24 
WAGES; AND 25 
 
 (3) THE PROCEDURE BY WHIC H THE JUDGMENT DEBTO R MAY 26 
CONTEST THE ATTACHME NT UNDER MARYLAND RULE 3–646. 27 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 28 
1, 2025. 29