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131st MAINE LEGISLATURE
FIRST REGULAR SESSION-2023
Legislative Document No. 1262H.P. 810House of Representatives, March 21, 2023
An Act to Amend the Law Governing the Credit Card and Debit
Card Surcharge Prohibition
Reference to the Committee on Health Coverage, Insurance and Financial Services
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative WOODSOME of Waterboro. Page 1 - 131LR1916(01)
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2 as enacted by PL 2011, c. 427, Pt. A, ยง15, is
3 amended to read:
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5 on a cardholder who elects to use a credit card or debit card in lieu of payment by cash,
6 check or similar means, unless the seller is registered as a seller in accordance with Title
7 36, section 1754-B and the seller uses an authorized 3rd-party payment service provider.
8 For purposes of this section, "surcharge" means any means of increasing the regular price
9 to a cardholder that is not imposed on a customer paying by cash, check or similar means.
10 A discount or reduction from the regular price is not a surcharge.
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12 Under current law, a seller in a sales transaction may not impose a surcharge on a
13 cardholder who elects to use a credit card or debit card in lieu of payment by cash, check
14 or similar means. This bill authorizes a seller in a sales transaction to impose a surcharge
15 as long as the seller is registered as a seller with the State for sales tax purposes and the
16 seller uses an authorized 3rd-party payment service provider.
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