An Act To Allow Credit and Debit Card Surcharges
Maine Legislature, Session 128, LD 0660
Committee Amendment CA_A_S403 (Senate)
Amends: 9-A MRSA §8

COMMITTEE AMENDMENT" A "to S.P. 222, L.D. 660, Bill, "An Act To Allow 
Credit and Debit Card Surcharges" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 9-A MRSA §8-509, as enacted by PL 2011, c. 427, Pt. A, § 15, is amended 
to read: 
§8-509. Credit card and debit card surcharge limitation 
1. Surcharge limitation. A seller in a sales transaction may not impose a surcharge 
on a cardholder who elects to use a credit card or debit card in lieu of payment by cash, 
check or similar means as long as the amount of the surcharge does not exceed the costs 
assessed by an authorized 3rd-party payment service provider for the credit card or debit 
card transaction and the amount of the surcharge is disclosed clearly to the cardholder 
prior to payment. 
For purposes of this section, "surcharge" means any means of 
increasing the regular price to a cardholder that is not imposed on a customer paying by 
cash, check or similar means. A discount or reduction from the regular price is not a 
surcharge. 
2. Surcharge permitted for governmental entity. Notwithstanding subsection 1, a 
governmental entity may impose a surcharge for payments made with a credit card or 
debit card for taxes, fines, charges, utility fees, regulatory fees, license or permit fees or 
the provision of a specific service provided by that governmental entity if the surcharge: 
A. Is disclosed clearly to the consumer prior to payment; and 
B. Does not exceed the costs associated with providing the credit card or debit card 
service that are directly incurred by the governmental entity or asse,ssed by an 
authorized 3rd-party payment service provider for a credit card or debit card 
transaction. If there is not a cost assessed by an authorized 3rd-party payment service 
provider for a debit card transaction, the governmental entity may not impose a 
surcharge associated with a debit card transaction. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to S.P. 222, L.D. 660 
A governmental entity shall disclose to the consumer that the surcharge may be avoided if 
the consumer makes payments by cash, check or other means not a credit card or debit 
card. A governmental entity is not subject to any liability to the issuer of a credit card or 
an authorized 3rd-party payment service provider for nonpayment of credit card charges 
by the consumer. As used in this subsection, "governmental entity'' includes, but is not 
limited to, a county established or governed by Title 30-A, Part 1, a municipality as 
defined in Title 30-A, section 2001, subsection 8, a quasi-municipal corporation as 
defmed in Title 30-A, section 2604, subsection 3, the Judicial Department as described in 
Title 4, the University of Maine System, the Maine Community College System and the 
Maine Maritime Academy.' 
SUMMARY 
This amendment is the minority report of the committee and replaces the bill. The 
amendment authorizes a seller in a sales transaction to impose a surcharge on a 
cardholder who elects to use a credit card or debit card as long as the amount of the 
surcharge does not exceed the costs assessed by an authorized 3rd-party payment service 
provider for the credit card or debit card transaction and the amount of the surcharge is 
clearly disclosed to the consumer prior to payment. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 03/18/18 frac 
LD 660 
LR 2116(02) 
An Act To Allow Credit and Debit Card Surcharges 
Fiscal Note for Bill as Amended by Committee Amendment ''A' ( S-4 0 3) 
Committee: Insurance and Financial Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Any additional costs to the Department of Professional and Financial Regulation to adopt the changes in this bill are 
expected to be minor and can be absorbed within existing budgeted resources. 
LR21 l 6(02) - Fiscal Note - Page 1 of 1