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Minutes of Public Meeting - December 2, 2020

Commission Members Present:

Emmet Davitt (Chairman)
Michael Algeo
David Hayden
Thomas Bowman
Ernie Grecco
Clarissa Coughlin
Konrad Wayson
Tammy Lafferty
Tom Winebrener

Members Absent:

Staff Present Representing the Maryland Racing Commission:

J. Michael Hopkins

Executive Director
Eric B. London
Assistant Attorney General
Milena Trust
Principal Counsel, Department of Labor

In accordance with §3-302, General Provisions Article, Annotated Code of Maryland, the Maryland Racing Commission (“Commission”) met by conference call in open session on December 2, 2020 at 12:30 p.m. Prior to the meeting, Chairman Emmet Davitt informed the public that their phones should be muted, but he would give the public the opportunity to address the Commission during Public Comments. At the start of the meeting, Chairman Davitt took a roll call of the Commission members and verified that all members were present.

Minutes – October 22, 2020

The Commission waived a reading of the minutes of its October 22, 2020 meeting and voted unanimously to approve the minutes.  

Final Regulations 09.10.01.57 Continuing Education; 09.10.03.03 Shock Wave Therapy and .08 Lasix Prohibition Graded Stakes.

The Commission was presented with final regulations that would established a continuing education requirement for trainers and assistant trainers effective January 1, 2022; not permit the use of shock wave therapy on a horse within 10 days of a workout during training; and prohibit the administration of Lasix to any horse scheduled to run in a graded stake. Executive Director J. Michael Hopkins informed the members that he had not received any comments on the regulations and that all three regulations had met the required publication time for final adoption in the Maryland Register. Hearing no objection, the Commission unanimously approved each of the regulations for final adoption.

Proposed Regulations 09.10.01.91, 09.10.02.62 Jackpot Super High Five and 09.10.01.07 Claiming.

Executive Director J. Michael Hopkins explained that the Maryland Jockey Club had submitted a proposed regulation to offer the Super High Five Jackpot wager for both the thoroughbred and standardbred tracks. Hearing no objection, the Commission unanimously approved the proposed regulation.

The Commission was also presented with a proposed amendment to the thoroughbred claiming rules that would require a claimed horse be taken to the detention barn after the race and observed by the Commission Veterinarian for one hour. After the hour of observation, if in the opinion of the Commission Veterinarian the claimed horse was lame, the claim would be voided unless the successful claimant had opted to take possession of the horse regardless of the horse’s soundness. Executive Director J. Michael Hopkins explained that the proposed amendment would be submitted on an emergency basis as well as proposed, if the Commission approved the amendment. Hearing no objection, the Commission approved the regulation as proposed and on an emergency basis.

Maryland Standardbred Race Fund 2021 Race Schedule.

Hearing no objection, the Commission approved a request from the Maryland Standardbred Race Fund for its 2021 racing schedule as submitted.

Maryland Bred Race Fund Advisory Committee.

Executive Director J. Michael Hopkins reported that the Maryland Bred Race Fund Advisory Committee had met to review the breeder and stallion bonuses. Mr. Hopkins explained that the Committee is required to review the bonus structure on a bi-annual basis. Mr. Hopkins reported that the Committee was recommending the bonus percentages for breeder and stallion owners remain the same for the first six months of 2021. Mr. Hopkins commented that the bonus awards are based on the current revenue projections and if the COVID 19 pandemic interrupts the current revenue, the Committee may meet again and recommend an adjustment to the current bonus percentage. Hearing no objection, the Commission approved the Committee’s recommendation.

Executive Director J. Michael Hopkins also reported that the Committee along with the Maryland Horse Breeders Association supports a proposed amendment to the Business Regulation Article regarding the eligibility of certain horses to be classified as a Maryland bred.  Mr. Hopkins advised the Commission that it should take the recommendation under advisement and wait until the actual language has been introduced to the General Assembly. The Commission agreed with the recommendation and indicated that it would revisit the proposal, when it is introduced during the next legislative session.

Maryland Horse Month - Ross Peddicord.

Ross Peddicord, representing the Maryland Industry Board, reported on the declaration of Governor Hogan that October was Horse Month. Mr. Peddicord advised the initiative was developed by the Horse Breeders, Department of Commerce, Tourism and the Maryland Horse Industry Board. The purpose of Horse Month is to celebrate Maryland Million, Preakness and the 5-Star event competition at Fair Hill, which was not held in 2020 due to COVID. During the month, Mr. Peddicord reported that there had been over 150,000 hits on social media, 90 virtual events were held and the Department of Tourism saw great interest in the horse industry. Mr. Peddicord also reported that Maryland Public Television has expressed an interest in producing one hour shows on the 5-Star event that will be held at Fair Hill in 2021. Cricket Goodall commented on the importance of marketing the industry between the State and all the parties.

Ocean Downs – Change in Corporate Structure.

Executive Director J. Michael Hopkins advised the Commission of a corporate structure change to Ocean Downs. Mr. Hopkins explained that no membership would change, as Churchill Downs, Inc. (CDI) currently owns 100% of the membership interest in Old Bay Gaming and Racing both directly (50%) and indirectly through its direct wholly owned subsidiary HCRH, LLC (50%). The change would make HCRH, LLC, the 100 % owner of Old Bay Gaming and Racing while still being a wholly owned subsidiary of CDI.

Ocean Downs Update.

Bobbi Sample, representing Ocean Downs, reported that Ocean Downs is working on the 2021 schedule with the horsemen and will be presenting that to the Commission in the future.

Maryland Jockey Club – Winter Stakes Schedule.

Hearing no objection, the Commission approved a request from the Maryland Jockey Club for its 2021 winter stakes schedule as submitted.

Maryland Jockey Club- Update.

Sal Sinatra, representing the Maryland Jockey Club, reported that the MJC continues to review and enforce its COVID-19 protocols and is continuing to work on the rat issue in the barn area as well as other maintenance issues.

Public Comments.

Andy Cashman, representing the Maryland State Fair, reported that the Standardbred Sale held in November was very successful and that Fasig-Tipton would be having their mixed sale on December 8th.

Next Commission Meeting

The next Commission Meeting will be held January 28, 2021 at 12:30 P.M. via a conference call.

J. Michael Hopkins
Executive Director