An Act To Promote Excursion Passes by Amending the Law Governing Expiration Dates on Gift Obligations and Stored-value Cards Redeemable with Multiple Sellers
Maine Legislature, Session 126, LD 0913
Committee: Judiciary
Sponsors: MALABY, DUNPHY, LIBBY, SANDERSON, SIROCKI
Amends: 33 MRSA §1952, 33 MRSA §1953

Legislative Document 
No. 913 
H.P. 637 
House of Representatives, March 7, 2013 
An Act To Promote Excursion Passes by Amending the Law 
Governing Expiration Dates on Gift Obligations and Stored-value 
Cards Redeemable with Multiple Sellers 
(EMERGENCY) 
Reference to the Committee on Judiciary suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative MALABY of Hancock. 
Cosponsored by Representatives: DUNPHY of Embden, LIBBY of Waterboro, SANDERSON 
of Chelsea, SIROCKI of Scarborough. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the tourism industry is an essential component of Maine's economy; and 
Whereas, this legislation allows expiration dates on gift obligations and stored-
value cards redeemable with multiple sellers, which will enable local tourism companies 
to sell limited-time access passes for multiple tourist attractions in this State; and 
Whereas, the sale of limited-time access passes for multiple tourist attractions has 
the potential to increase the number of tourists visiting Maine and the number of 
attractions visited, thus enhancing Maine's tourism industry; and 
Whereas, Maine's summer tourism season normally begins on Memorial Day 
weekend, which is prior to the statutory adjournment of the Legislature on June 19, 2013; 
and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  33 MRSA §1952, sub-§10-B is enacted to read: 
10-B.  Multiple unaffiliated sellers.  "Multiple unaffiliated sellers" means sellers of 
goods or services that are not in the same corporate system as a parent or a member 
organization by virtue of common ownership, control, operation or management. 
Sec. 2.  33 MRSA §1953, sub-§1, ¶G, as corrected by RR 2011, c. 1, §48, is 
amended to read: 
G.  A gift obligation or stored-value card, 2 years after December 31st of the year in 
which the obligation or the most recent transaction involving the obligation or stored-
value card occurred, whichever is later, including the initial issuance and any 
subsequent addition of value to the obligation or stored-value card. 
(1)  The amount unclaimed is 60% of the gift obligation's or stored-value card's 
face value. 
(2)  A gift obligation or stored-value card sold on or after December 31, 2011 is 
not presumed abandoned if the gift obligation or stored-value card was sold by a 
single issuer who in the past calendar year sold no more than $250,000 in face 
value of gift obligations or stored-value cards.  Sales of gift obligations and 
stored-value cards are considered sales by a single issuer if the sales were by 
businesses that operate either: 
(a) Under common ownership or control with another business or businesses 
in the State; or 
(b)  As franchised outlets of a parent business. 
(3)  A period of limitation may not be imposed on the owner's right to redeem the 
gift obligation or stored-value card.  This subparagraph does not apply to a gift 
obligation or stored-value card that is redeemable with multiple unaffiliated 
sellers. 
(4)  Notwithstanding section 1956, fees or charges may not be imposed on gift 
obligations or stored-value cards, except that the issuer may charge a transaction 
fee for the initial issuance and for each occurrence of adding value to an existing 
gift obligation or stored-value card.  These transaction fees must be disclosed in a 
separate writing prior to the initial issuance or referenced on the gift obligation or 
stored-value card. 
(5)  Beginning November 1, 2008, if the gift obligation or stored-value card is 
redeemed in person and a balance of less than $5 remains following redemption, 
at the consumer's request the merchant redeeming the gift obligation or 
stored-value card must refund the balance in cash to the consumer.  This 
subparagraph does not apply to a prepaid telephone service card, a gift obligation 
or nonreloadable stored-value card with an initial value of $5 or less or a stored-
value card that is not purchased but provided as a promotion or as a refund for 
merchandise returned without a receipt. 
(6)  This paragraph does not apply to prefunded bank cards; 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill amends the Uniform Unclaimed Property Act to exempt gift obligations and 
stored-value cards that are redeemable with multiple unaffiliated sellers from the 
provision in the Act that prohibits expiration dates for gift obligations and stored-value 
cards.