An Act To Amend Credit and Debit Card Surcharges Imposed by Governmental Entities
Maine Legislature, Session 130, LD 0800
Committee: State and Local Government
Sponsors: CHIPMAN, BALDACCI, DIAMOND, MARTIN, MATLACK
Amends: 5 MRSA §1509-A, 9-A MRSA §8

Legislative Document
No. 800
S.P. 87
In Senate, March 5, 2021
An Act To Amend Credit and Debit Card Surcharges Imposed by 
Governmental Entities
Submitted by the Secretary of State pursuant to Joint Rule 204.
Reference to the Committee on State and Local Government suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CHIPMAN of Cumberland.
Cosponsored by Senators: BALDACCI of Penobscot, DIAMOND of Cumberland, 
Representatives: MARTIN of Sinclair, MATLACK of St. George.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §1509-A, as amended by PL 1999, c. 762, §1 and affected by §5, 
is further amended to read:
§1509-A.  Payment by credit card
State departments and agencies shall implement, with the approval of the State 
Controller and the State Treasurer, procedures for accepting payment for goods, services, 
taxes, fines, forfeitures charges or any other fees by major credit cards card, debit card or 
other electronic means.  Unless otherwise provided for in law as of the effective date of 
this section, any administrative expenses or credit card fees incurred in connection with 
this method of receiving funds must be absorbed within the existing budget of the 
department or agency as authorized by the Legislature a state department or agency may 
impose a surcharge for payments made by credit card or debit card for taxes, fines, charges, 
utility fees, regulatory fees, registration fees, license or permit fees or the provision of a 
specific service or good provided by that state department or agency.
Sec. 2.  9-A MRSA §8-509, sub-§2, as enacted by PL 2011, c. 427, Pt. A, §15, is 
amended to read:
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, registration fees, license or permit 
fees or the provision of a specific service or good 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 assessed 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.
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 state department or agency, 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 defined 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 bill amends the administrative procedures and services laws pertaining to state 
finances to explicitly allow a state department or agency to impose a surcharge for 
payments made by credit card or debit card for taxes, fines, charges, utility fees, regulatory 
fees, registration fees, license or permit fees or the provision of a specific service or good 
provided by that state department or agency.  It also amends the Maine Consumer Credit 
Code – Truth-in-Lending to allow a governmental entity to impose a surcharge for 
payments made by credit card or debit card for registration fees and goods and includes 
under the definition of "governmental entity" a state department or agency.