Minutes of Public Meeting - April 22, 2021

In accordance with §3-302, General Provisions Article, Annotated Code of Maryland, the Maryland Racing Commission (“Commission”) met live and by conference call in open session at 12:30 p.m. on April 22, 2021 at Laurel Park. 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, except Commissioner Tom Winebrener.

Minutes – March 25, 2021

The Commission waived a reading of the minutes of its March 25, 2021 meeting and voted unanimously to approve the minutes.  

Proposed Regulation – 09.10.01.17.

The Commission was presented with a request to amend COMAR 09.10.01.17, which would restrict the types of horseshoes a horse could use while racing on the turf. The purpose of restricting the shoes would be to lessen the damage to the turf course. The request to amend the regulation was brought to the Commission from the Maryland Thoroughbred Horsemen’s Association and the Maryland Jockey Club, as both proposed and on an emergency basis to have the change implemented as soon as possible. Hearing no objection, the Commission unanimously approved the request to be submitted as proposed and on an emergency basis.

Preakness Bonus.

Executive Director J. Michael Hopkins explained to the Commission that the legislature provided for a $500,000.00 bonus to be paid to a Maryland Bred or Sired horse that won the Preakness Stakes and that each year the thoroughbred industry would request approval for the bonus. Mr. Hopkins further stated that the request was the same as previous years.   Hearing no objection, the Commission unanimously approved the request.

Maryland Jockey Club – Request to export the UAE Grade 1 Arabian Race on Preakness day.

Executive Director J. Michael Hopkins informed the Commission that the Maryland Jockey Club was requesting approval to export the Grade 1 UAE Arabian Race to be conducted on Preakness Day. Hearing no objection, the Commission unanimously approved the request.

Maryland Jockey Club- Laurel Summer Race Meeting.

Executive Director J. Michael Hopkins presented to the Commission a request from the Maryland Jockey Club for their summer race meeting at Laurel Park to run 43 live days of racing from June 1, 2021 through August 26, 2021 and August 31, 2021. Mr. Hopkins further explained to the Commission that the request contained standard operating requests which included simulcasting, common pool wagering and intertrack wagering. Hearing no objection, the Commission unanimously approved the request.

Maryland Bred Fund Yearling Show Report.

Executive Director J. Michael Hopkins provided the Commission members with the annual Maryland Bred Fund yearling show report, which is required by March 31st of each year.  Mr. Hopkins advised that the report was for informational purposes, unless the Commission had any specific questions. Having no questions, the Commission accepted the report as submitted.

2021 Legislation.

Executive Director J. Michael Hopkins advised the Commission that the recently concluded session passed legislation that corrected outdated language affecting Fair Hill; added a member of the Maryland Thoroughbred Horsemen’s Association to the Maryland Bred Fund Advisory Committee; added language that provided for a thoroughbred foal to be considered a Maryland Bred, if the mare could not be bred back; enacted sports wagering; and amended a provision to increase the Purse Dedication Account from 2.5% to 6% after the Alleghany County casino at Rocky Gap was in operation for ten years, which would be in May 2023.  In addition, $1,300,000.00 was provided in the Governor’s supplemental budget for maintenance of the Fair Hill facility and $500,000.00 for the 5 Star Event to be held in October 2021.

2020 Financial Statements.

Executive Director J. Michael Hopkins informed the Commission that each year the racetracks are required to submit their annual audited financial statements to the Maryland Racing Commission. Mr. Hopkins further explained that he had sent the financial statements out to all the Commission members and asked if the Commission had any questions. Hearing no questions, Mr. Hopkins advised that no official action was necessary, but merely an acceptance of the reports as submitted would be appropriate. Hearing no objection, the Commission voted unanimously to accept the reports as submitted.

Transfer of Laurel Races to Pimlico.

Executive Director J. Michael Hopkins explained to the Commission that he had received a letter dated April 9, 2021 requesting that the remaining Laurel race meeting (April 22, 2021 through May 5, 2021) be transferred to Pimlico. In that request, Sal Sinatra from the Maryland Jockey Club, explained that the dirt racing surface had been compromised and that the MJC would be ceasing all training and racing on the dirt surface until it could be corrected. Mr. Hopkins further advised that he had conducted an e-mail poll of the Commission members on April 9, 2021 and that he was asking the Commission to ratify their decision to approve the request. Hearing no objection, the Commission unanimously ratified the April 9, 2021 poll.

Laurel Track Surface.

Commissioner Konrad Wayson had requested that someone from the Maryland Jockey Club be present at the Commission meeting to explain how the track surface at Laurel Park had developed into an unusable surface, when it had been consistently reported that there were no issues with the track surface. Steve Koch, representing the Maryland Jockey Club, explained that the winter conditions affected the cushion of the track, which changed the composition of the track surface. Mr. Koch advised that the winter season was particularly poor, because there was more rain than usual.  Mr. Koch further explained that the moisture required more salt be added to the surface, which changed the composition of the track surface. Mr. Koch advised that several weeks ago the MJC had discussions with the stakeholders about the makeup of the track cushion. At that time, the MJC began looking for materials to be added to correct the problem. Since that time, the MJC has been working with the Racing Surfaces Testing Laboratory in Kentucky to develop a proper mix of cushion to replace the current cushion. Having removed the existing cushion, the MJC found issues with the track base that will need to be corrected before any new cushion is to be laid over the track. Commissioner Wayson and other Commission members expressed their frustration that the track could decline so rapidly as to make it unusable. Steve Koch acknowledged this concern and commented that the Stronach Group is fully committed to resolve the issue and was optimistic the track repairs would be concluded by the end of May. Mr. Koch further commented that the Stronach Group has retained Sean Gault from Woodbine to oversee the maintenance of the turf course at both Pimlico and Laurel.

Maryland Jockey Club Update.

Sal Sinatra, representing the Maryland Jockey Club, reported that the MJC has had several horses commit to the Preakness Stakes, including a Japanese horse working with the New York Racing Association.

Ocean Downs Update.

Bobbi Sample reported that Ocean Downs is working toward the race meeting.  She advised training was being conducted and that Ocean Downs had hired an outside consulting firm to review the track surface.  Furthermore, Ms. Sample advised that Ocean Downs was still working with the Fire Marshall and Health Department to determine what would constitute 50% occupancy.

Public Comments.

Commissioner Tammy Lafferty commented about her belief that when a trainer is suspended, the horse owned by the trainer should not be able to run with a different trainer until the suspension was completed. Mr. Hopkins responded that he would schedule a call with the horsemen before the next Commission meeting to discuss the issue and have a recommendation for the Commission to consider by the next meeting. 

Cricket Goodall, representing the Maryland Horse Breed, informed the members about the Horse Breeders Education Center located at their new facility in Reisterstown.

Andy Cashman, representing the Maryland State Fair, reported the State Fair was having the two-year-old in training sale on the 17th and 18th of May.

Next Commission Meeting

The next Commission Meeting will be held May 27, 2021 at 12:30 P.M. at Pimlico in person and via conference call.

Michael Algeo, Esq.
/s/
Acting Chairman