Staff Writer

 Plans to move Scarborough Downs to Biddeford and open a racino moved one step closer to reality last week with the acceptance of a petition to change the state’s racino law. 

Secretary of State Charles Summer last week announced he validated enough signatures to bring a bill before the Legislature that would allow two additional racinos in Maine. Hollywood Slots operates as a racino in Bangor. Biddeford voters in November voted in favor of bringing a racino to the city.

The bill would change state statute to allow one racino without a designated location and a tribal racino in Washington County. If the Legislature does not approve the bill, the issue goes to voters in a November statewide referendum.

Supporters of the proposed Biddeford Downs project submitted the petition. Summers said 75,672 signatures on the petition were valid. Proponents were required to gather 57,277 valid signatures, 10 percent of the total vote for governor in the previous election. Summers will submit the bill to the Legislature if a five-day waiting period passes without an appeal filed in court.

The petition asks the Legislature to change the deadline for securing local referendum approval and extend the area where the racetrack can relocate. A 2003 statewide referendum that allowed two racinos included a deadline of a few weeks to receive local approval. It also allowed the racino only within five miles of existing tracks in Scarborough and Bangor.

Scarborough Downs and Ocean Properties have partnered on the proposed Biddeford Downs project, which will include a racetrack, racino and hotel. Supporters say the project will bring hundreds of jobs to Biddeford, boost revenue and help the harness racing industry.

Edward MacColl, lawyer for Scarborough Downs, last week told the Biddeford City Council he is confident the Legislature will make changes needed to move the project  forward.

“This simply asks the Legislature to enact some modest changes to state law that are required to allow the project to go forward,” he said. “We hope the Legislature will do it. Unlike most gaming initiatives, ours includes no special tax breaks for us and includes no special protections.”

The Biddeford City Council on Feb. 15 passed a resolution in support of Biddeford Downs. The resolution “respectfully asks the Maine Legislature to enact modest statutory amendments needed to allow the Biddeford Downs project to proceed subject to all of the rules, regulations and taxes of Maine’s existing racino law, without requiring another statewide referendum on the project.”

Councilors voted 6-3 to send the resolution to legislators. Councilors Patricia Boston, Jim Emerson and Clement Fleurent, who all oppose Biddeford Downs, voted against the resolution.

Emerson said Maine has a long tradition as a referendum state and changes should be left to a statewide vote because they affect more than one community. He said he does not consider the requested changes to be modest.

“If people really believe it’s the right thing for our community and the right thing for our state, then we should have no fear,” he said.

Boston proposed an amendment to the resolution to encourage a referendum vote instead of legislative changes. The amendment failed.

“These issues have always gone to referendum. They’ve never been dealt with in the Legislature and I think there’s good reason for that,” she said. “I think the people deserve the opportunity to speak on this issue.”

Councilor David Bourque said he supports the changes because they will allow city officials and councilors to move forward with negotiations for the project. Council President Bob Mills said the resolutions sends a clear message to legislators that Biddeford voters supported the plan by a 2-to-1 margin.

Mills and Councilor Alfred Lamontagne accused councilors opposed to the resolution of using stall tactics to slow down the creation of new jobs in the city.

“There’s nothing else coming down” for jobs, Lamontagne said. “We’ve got to stop the leaving of jobs from Biddeford. We’ve got to bring jobs.”

Mayor Joanne Twomey, a vocal supporter of Biddeford Downs because of potential jobs, said the resolution is “important to reiterate to the legislators that the majority of the council did support this.”

“There isn’t a day that’s gone by since the election that people haven’t asked me about the racino,” she said. “It’s important to send a message that we are on board, that we support this.”

If the requested changes are made through the Legislature or a statewide referendum, the project must still receive local approval through contracts and the planning process.

Staff Writer Gillian Graham can be reached at 282-4337, ext. 213.