An Act to Clarify the
Maine Legislature, Session 132, LD 2061
Committee Amendment CA_A_S519 (Senate)
Amends: 10 MRSA §9420

COMMITTEE AMENDMENT "^ " to S,P. 847, L.D, 2061, "An Act to Clarify the
Prohibition on Paper B illing Statement Fees"
Amend the bill by inserting after the title and before the enacting clause the following;
'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 current law regarding electronic records of transactions, as amended by
Public Law 2025, chapter 35, prohibits a customer from being penalized or charged a fee
for opting out of receiving a billing statement by electronic record rather than in paper
form; and
Whereas, this legislation clarifies that law and allows a customer to be charged a
reasonable fee for providing a replacement statement, a statement covering a custom date
range or a statement requested for financial or legal purposes or for fulfilling any other
labor-intensive or nonroutine request to provide copies of statements, as long as the fee is
fully disclosed to and authorized by the customer prior to the copies of statements being
provided; and
Whereas, this legislation must take effect immediately for the protection of
customers; and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of t/Taine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,'
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 10 MRSA §9420, sub-§l, as enacted by PL 2011,c.226,§1, is amended
by enacting a new first blocked paragraph to read:
COMMITTEE AMENDMENT
ROS
COMMITTEE AMENDMENT " [\" to S.P. 847, L.D. 206 1 {^'^
For purposes of this subsection, "billing statement" means a monthly pr periodic account
statement that a person is required to provide to a customer under federal or state law,
regulation or rule, This subsection does not prohibit a person from chareine a reasonable
fee for providing a replacement statement, a statement covering a custom date range or a
statement requested for financial or legal purposes or for fulfill ing any other labor-intensive
or nonroutine request to m'ovide copies of statements, as lone as the fee is fully disclosed
to and authorized by the customer prior to the copies being provided,
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment clarifies the bill to provide that a billing statement also includes a
periodic account statement and an account statement required to be provided under state
law or rule. The amendment also adds that, if a person charges a fee for providing a
replacement statement, a statement covering a custom date range or a statement requested
for financial or legal purposes or for fulfilling any other labor-intensive or nonroutine
request to provide copies of statements, the fee must be reasonable and disclosed to and
authorized by a customer prior to providing the copies.
The amendment adds an emergency preamble and emergency clause to the bill.
Page2-132LR2743(02)
COMMITTEE AMENDMENT