PARRIS N. GLENDENING, Governor

Ch. 31

(1) A PERSON OWING A DEBT TO A STATE AGENCY THAT HAS NOT BEEN
ADJUDGED SATISFIED BY COURT ORDER, SET ASIDE BY COURT ORDER, OR
DISCHARGED IN BANKRUPTCY; OR

(2) A DEFENDANT IN ARREARS OF RESTITUTION PAYMENTS WHOSE
ACCOUNT HAS BEEN REFERRED TO THE CENTRAL COLLECTION UNIT UNDER
ARTICLE 27, § 810 OF THE CODE.

REVISOR'S NOTE: This subsection is new language derived without substantive
change from former Art. 19, § 43(b). The defined term "debtor" is substituted
for the former defined term "person" in this subsection and throughout this
Part to avoid a definition that is contrary to the normally understood meaning
of the term defined.

(E) STATE AGENCY.

"STATE AGENCY" MEANS ANY AGENCY, ASSOCIATION, BOARD, BUREAU,
COLLEGE, COMMISSION, COMMITTEE, COUNCIL, FOUNDATION, FUND, DEPARTMENT,
INSTITUTE, INSTITUTION, PUBLIC CORPORATION, SERVICE, TRUST, UNIVERSITY,
THE MARYLAND HIGHER EDUCATION LOAN CORPORATION, OR OTHER UNIT OF
STATE GOVERNMENT, INCLUDING ANY SUBUNIT OF THESE AGENCIES.

REVISOR'S NOTE: This subsection is new language derived without substantive
change from former Art. 19, § 43(d).

Former Art. 19, § 43(c), which defined "refund", is deleted as unnecessary.
The undefined term "income tax refund" is substituted throughout this Part
for the former defined term "refund".

13-913. REFERRAL OF DEBT TO CENTRAL COLLECTION UNIT FOR WITHHOLDING.

(A) IN GENERAL.

(1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, FOR
ANY DEBT NOT EXCEPTED BY LAW FROM THE CENTRAL COLLECTION UNIT'S
RESPONSIBILITIES UNDER TITLE 3, SUBTITLE 3 OF THE STATE FINANCE AND
PROCUREMENT ARTICLE OR OTHERWISE, THE CENTRAL COLLECTION UNIT MAY:

(I) CERTIFY TO THE COMPTROLLER THE EXISTENCE OF ANY DEBT
THAT HAS BEEN REFERRED TO IT FOR COLLECTION BY A STATE AGENCY; AND

(II) REQUEST THE COMPTROLLER TO WITHHOLD THE SUM
CERTIFIED FROM ANY INCOME TAX REFUND TO WHICH A DEBTOR IS ENTITLED.

(2) A DEBT MAY NOT BE WITHHELD IF THE STATE AGENCY OR THE
CENTRAL COLLECTION UNIT HAS BEEN ADVISED BY THE ATTORNEY GENERAL
THAT THE VALIDITY OF THE DEBT IS LEGITIMATELY IN DISPUTE OR AN ALTERNATE
MEANS OF COLLECTION IS PENDING AND BELIEVED TO BE ADEQUATE.

(B) CLASSES OF DEBTS THAT MAY BE REFERRED.

(1) THE DEPARTMENT OF BUDGET AND MANAGEMENT SHALL
ESTABLISH BY REGULATION THOSE CLASSES OR CATEGORIES OF DEBTS,

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