An Act Regarding the Distribution of Revenue from the Real Estate Transfer Tax
Maine Legislature, Session 131, LD 1454
Committee: Taxation
Sponsors: CHIPMAN, PERRY, DUSON, CARMICHAEL, CROCKETT, HASENFUS, MATLACK, RANA, RIELLY
Amends: 36 MRSA §4641-B

Legislative Document
No. 1454
S.P. 572
In Senate, March 30, 2023
An Act Regarding the Distribution of Revenue from the Real Estate 
Transfer Tax
(EMERGENCY)
Reference to the Committee on Taxation suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CHIPMAN of Cumberland.
Cosponsored by Representative PERRY of Bangor and
Senator: DUSON of Cumberland, Representatives: CARMICHAEL of Greenbush, 
CROCKETT of Portland, HASENFUS of Readfield, MATLACK of St. George, RANA of 
Bangor, RIELLY of Westbrook.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this Act is intended to apply to fiscal year 2023-24; and
Whereas, without an emergency this legislation would take effect 90 days after 
adjournment; and
Whereas, in order to accomplish the provisions of this legislation, this legislation 
would need to take effect immediately upon enactment; 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.  36 MRSA §4641-B, sub-§4-B, ¶E, as amended by PL 2021, c. 753, §1, is 
further amended to read:
E.  In fiscal year years 2015-16 and each fiscal year thereafter to 2022-23, the Treasurer 
of State shall credit the revenues derived from the tax imposed pursuant to section 
4641‑A, subsection 1 in accordance with this paragraph.
(1)  At the beginning of the fiscal year, the Maine State Housing Authority shall 
certify to the Treasurer of State the amount that is necessary and sufficient to meet 
the authority's obligations relating to bonds issued or planned to be issued by the 
authority under Title 30‑A, section 4864.
(2)  On a monthly basis the Treasurer of State shall apply 50% of the revenues in 
accordance with this subparagraph.  The Treasurer of State shall first pay revenues 
available under this subparagraph to the Maine State Housing Authority, which 
shall deposit the funds in the Maine Energy, Housing and Economic Recovery 
Fund established in Title 30‑A, section 4863, until the amount paid equals the 
amount certified by the Maine State Housing Authority under subparagraph (1), 
after which the Treasurer of State shall credit any remaining revenues available 
under this subparagraph to the General Fund.
(3)  On a monthly basis, the Treasurer of State shall credit 50% of the revenues to 
the Maine State Housing Authority, except that, notwithstanding paragraph F, in 
fiscal year 2015-16, the Treasurer of State shall first credit $6,291,740 of the 
revenues available under this subparagraph to the General Fund and except that, 
notwithstanding paragraph F, in fiscal year 2016-17, the Treasurer of State shall 
first credit $6,090,367 of the revenues available under this subparagraph to the 
General Fund and except that, notwithstanding paragraph F, in fiscal years 2017-
and 2018-19, the Treasurer of State shall first credit $2,500,000 of the revenues 
available under this subparagraph to the General Fund.  The Maine State Housing 
Authority shall deposit the funds received pursuant to this subparagraph in the 
Housing Opportunities for Maine Fund created in Title 30‑A, section 4853.  
Beginning July 1, 2023, the Maine State Housing Authority shall use 25% of funds 
transferred to the Housing Opportunities for Maine Fund under this subparagraph 
to support the creation of new housing units, through new construction or adaptive 
reuse, that are affordable to low-income households.
Sec. 2.  36 MRSA §4641-B, sub-§4-B, ¶E-1 is enacted to read:
E-1.  In fiscal year 2023-24 and each fiscal year thereafter, the Treasurer of State shall 
credit the revenues derived from the tax imposed pursuant to section 4641-A, 
subsection 1 in accordance with this paragraph.
(1)  At the beginning of the fiscal year, the Maine State Housing Authority shall 
certify to the Treasurer of State the amount that is necessary and sufficient to meet 
the authority's obligations relating to bonds issued or planned to be issued by the 
authority under Title 30-A, section 4864.
(2)  On a monthly basis, the Treasurer of State shall apply the revenues in 
accordance with this subparagraph.  The Treasurer of State shall pay revenues 
available under this paragraph to the Maine State Housing Authority, which shall 
first deposit funds in the Maine Energy, Housing and Economic Recovery Fund 
established in Title 30-A, section 4863, until the amount deposited equals the 
amount certified by the Maine State Housing Authority under subparagraph (1), 
after which the Maine State Housing Authority shall deposit the remaining funds 
received in the Housing Opportunities for Maine Fund created in Title 30-A, 
section 4853.  For fiscal years 2025-26 to 2030-31, as long as the revenue to the 
Maine State Housing Authority does not fall below the level of available revenues 
of fiscal year 2021-22, the Maine State Housing Authority shall use 50% of such 
remaining funds received in the Housing Opportunities for Maine Fund to support 
the creation of new housing units, through new construction or adaptive reuse, that 
are affordable to low-income households.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill changes the distribution of revenue from the real estate transfer tax on property 
transfers by deeds to provide that beginning in fiscal year 2023-24 revenue received by the 
State would be distributed entirely to the Maine State Housing Authority for deposit in the 
Housing Opportunities for Maine Fund after the transfer of funds identified to be used by 
the Maine State Housing Authority for deposit in the Maine Energy, Housing and 
Economic Recovery Fund to meet the authority's obligations relating to bonds issued or 
planned to be issued by the authority for the Maine Energy, Housing and Economic 
Recovery Program.  For fiscal years 2025-26 to 2030-31, as long as the revenue to the 
Maine State Housing Authority does not fall below the level of available revenues of fiscal 
year 2021-22, 50% of the remaining funds received in the Housing Opportunities for Maine 
Fund must be used to support the creation of new housing units that are affordable to low-
income households.