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Minutes of Public Meeting - August 27, 2020

Commission Members Present:

Michael Algeo
Emmet Davitt
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

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 August 27, 2020 at 12:30 p.m. Prior to the meeting, Chairman Mike Algeo 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 Algeo took a roll call of the Commission members and verified that all members were present.

Minutes – July 16, 2020

The Commission waived a reading of the minutes of its July 16, 2020 meeting and voted unanimously to approve the minutes.

Proposed Regulations 09.10.03.03 Shock Wave Therapy; 09.10.03.08 Graded Stakes; and 09.10.01.57 Continuing Education.

The Commission was presented with three proposed regulations. The first, 09.10.03.03, would further restrict the use of shock wave therapy on a horse in training. The second, 09.10.03.08, would not permit any 2-year-old thoroughbred horse to be treated with Lasix or permit a horse entered into a graded stake to be treated with Lasix. The third, 09.10.03.08, would require a trainer or assistant trainer renewing their license, beginning on January 1, 2022, to affirm that they had completed four (4) hours of continuing education during the previous calendar year to remain eligible for licensing. The Commission unanimously approved each regulation individually.

Ratification of an e-mail poll of the Rosecroft Fall Race Meeting.

By unanimous vote, the Commission ratified its approval of the Rosecroft 2020 Fall Race Meeting.

Ratification of an e-mail poll of the Maryland Standardbred Race Fund Fall Stakes Schedule.

By unanimous vote, the Commission ratified its approval of the Maryland Standardbred Race Fund Fall stake schedule.

Ratification of e-mail poll to extend Laurel summer meet as a result of the Maryland State Fair not conducting their race meet due to COVID-19.

By unanimous vote, the Commission ratified its approval to extend the Laurel Summer Race Meeting as a result of the Maryland State Fair not holding their race meeting due to the COVID-19 pandemic.

Transfer of Days from Laurel Park to Pimlico to run the Preakness.

Executive Director J. Michael Hopkins presented the Commission members with a request from the Maryland Jockey Club to transfer race days from Laurel Park to Pimlico during the period of September 21, 2020 through October 4, 2020. The purpose of the transfer is to give Pimlico the ability to hold the Preakness Stakes on October 3, 2020, rescheduled as a result of the COVID-19 pandemic. Mr. Hopkins further stated that in accordance with the law, he had advertised the announcement for the request to transfer days in a local newspaper. Hearing no objection, the Commission unanimously approved the transfer.

Preakness Bonus.

Executive Director J. Michael Hopkins reminded the Commission members that Maryland General Assembly enacted legislation providing for $500,000 to be used for a Preakness Bonus in the event a Maryland Bred Horse won the event. Each year, the Maryland Thoroughbred Horsemen Association, Maryland Jockey Club and Maryland Horse Breeders consult with each other to develop a distribution of those funds and ask the Commission to approve their recommendation. In a letter dated August 14, 2020, the groups requested approval for the upcoming Preakness Stakes on October 3, 2020. Hearing no objection, the Commission unanimously approved the recommendation.

Maryland Bred Race Fund Advisory Committee.

Executive Director J. Michael Hopkins reported that the Maryland Bred Race Fund Advisory Committee had met on August 13th and August 24, 2020, to discuss the Maryland Bred Fund Breeder and Stallion award bonus structure, since no bonus payments had been made since the start of the COVID-19 pandemic. The Committee reviewed current revenue projections and recommended the Commission approve a reduction of the pre COVID-19 percentage of 30% for breeder awards and 10% for stallion awards to 25% and 8.33%, respectively. In addition, the Committee recommended that the bonus percentage paid on stake races, including Maryland Million Day, be reduced from 15% for breeders and 5% for stallions to 13.75% and 4.58%, respectively. Hearing no objection, the Commission unanimously approved the recommendation.

Ocean Downs request to make up a day lost due to excessive heat on September 9, 2020.

Ocean Downs made a request to make up a cancelled day in early August due to excessive heat on September 9, 2020. Hearing no objection, the Commission unanimously approved the request.

Ocean Downs – Update.

Bobbi Sample, representing Ocean Downs, reported that after the hurricane had taken out fencing on the track, it was replaced in sufficient time that no race days were lost. Ms. Sample further reported that there were 10 days left in the race meeting and that due to no fans being allowed at the track, their handle was down. Chairman Algeo thanked Ms. Sample for the update and advised that he was looking forward to holding a Commission meeting at Ocean Downs next year.

Maryland Jockey Club – Update.

Sal Sinatra reported the track at Pimlico was in good condition and would be ready for the Preakness race meet. Commissioner Winebrener asked about the COVID-19 protocols at Rosecroft. Mr. Sinatra responded that Lisa Watts had submitted protocols and that they were being reviewed.

Public Comments.

Cricket Goodall, representing the Maryland Horse Breeders, reminded everyone about Maryland Million Day in October. Ms. Goodall advised that even though the event will be held without fans, everyone could watch the races from home.

Andy Cashman, representing the Maryland State Fair, commented that Timonium was holding a junior horse show, a livestock show, Fasig Tipton horse sales and a new Standardbred sale, that previously was held in Harrisburg. Commissioner Winebrener asked where the sale horses would be stabled, since the Standardbred sale usually has a large number of horses. Mr. Cashman responded that they would be providing tents in the infield of the track.

Next Commission Meeting

The next Commission Meeting will be held on September 24, 2020 at 12:30 p.m. via a conference call or similar technology and that instructions for participation would be posted on the Racing Commission’s website.

J. Michael Hopkins
Executive Director