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PUBLIC LAWS OF MAINE
Second Special Session of the 121st

CHAPTER 586
S.P. 694 - L.D. 1854

An Act To Conform to Federal Law Regarding Electronically Printed Credit and Debit Card Receipts and To Delay Enforcement of Civil Penalties

     Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, Public Law 2001, chapter 527, enacted by the 120th Legislature in 2002, prohibits businesses from printing more than the last 5 numbers of a credit card or debit card account on an electronically produced receipt; and

     Whereas, this law took effect on January 1, 2004; and

     Whereas, many businesses are still in the process of converting their equipment to comply with the requirements of the law but are now subject to penalties up to $1,000 for each violation; and

     Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 10 MRSA §1149, sub-§1, as enacted by PL 2001, c. 527, §1, is amended to read:

     1. Electronically printed receipts. Except as provided in this section, a person, firm, partnership, association, corporation or limited liability company that accepts credit cards or debit cards for the transaction of business may not print more than the last 5 digits of the credit card or debit card account number or may not print the expiration date of the credit card or debit card on a receipt provided to a cardholder at the point of sale of the transaction.

     Sec. 2. 10 MRSA §1149, sub-§3-A is enacted to read:

     3-A. Absolved from forfeiture and civil penalty. Until January 1, 2005, a person who violates this section is absolved from civil prosecution or forfeitures and civil penalties associated with any such violation occurring before that date.

     Sec. 3. Retroactivity. This Act applies retroactively to January 1, 2004.

     Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

Effective March 30, 2004.

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