An Act to Allow Businesses to Impose a Surcharge on Credit Card
Maine Legislature, Session 132, LD 0151
Committee: Health Coverage, Insurance and Financial Services
Sponsors: TUELL, MOORE
Amends: 9-A MRSA §8

Legislative Document
No. 151
H.P. 84
House of Representatives, January 14, 2025
An Act to Allow Businesses to Impose a Surcharge on Credit Card 
and Debit Card Transactions
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative TUELL of East Machias.
Cosponsored by Senator MOORE of Washington and
Representative: MINGO of Calais, Senator: PIERCE of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  9-A MRSA §8-509, as amended by PL 2021, c. 150, §2, is further amended 
to read:
§8-509.  Credit card and debit card surcharge prohibition surcharges
1.  Surcharge prohibited.  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.  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.
1-A.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "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 plantation established or governed by Title 
30‑A, chapter 301, 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.
B.  "Surcharge" means any means of increasing the regular price to a cardholder that is 
not imposed on a consumer paying by cash, check or similar means.  "Surcharge" does 
not include a discount or reduction from the regular price.
2.  Surcharge permitted for governmental entity.  Notwithstanding subsection 1, a 
A governmental entity or seller in a sales transaction 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 or seller in a sales transaction 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 seller in a sales 
transaction 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 or seller 
in a sales transaction may not impose a surcharge associated with a debit card 
transaction.
A governmental entity or seller in a sales transaction 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 or seller in a sales transaction 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 plantation established or governed by Title 
30‑A, chapter 301, 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.
Sec. 2.  10 MRSA c. 202-B, as amended, is repealed.
SUMMARY
Current law permits a governmental entity to impose and prohibits a seller in a sales 
transaction from imposing a surcharge on a credit card or debit card transaction.  This bill 
permits a seller in a sales transaction to impose a surcharge on a credit card or debit card 
transaction.  It also repeals a chapter of law governing credit card practices involving 
providers of travel services, as the law prohibits providers of travel services from imposing 
a surcharge on credit card transactions.