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Minutes of Public Meeting - March 25, 2021

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

In accordance with §3-302, General Provisions Article, Annotated Code of Maryland, the Maryland Racing Commission (“Commission”) met by conference call in open session at 12:30 p.m. on March 25, 2021. 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 – February 25, 2021

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

Maryland Standardbred Race Fund.

The Commission was presented with a request to approve the 2021 Maryland Standardbred Race Fund purse structure for the Maryland Sire Stakes and the Maryland Standardbred Fund stakes. The purse structure presented was reported to be the same as the 2020 purse structure. Hearing no objection, the Commission unanimously approved the request.

Proposed Regulation 09.10.01.07 Claiming.

Executive Director J. Michael Hopkins presented the Commission with an amendment to COMAR 09.10.01.07, which would reduce the number of days from 180 to 120 for a horse that has not run to be eligible to enter a claiming race and not be subject to being claimed. Mr. Hopkins further commented that the request had been approved and requested by the Maryland Thoroughbred Horsemen’s Association. Hearing no objection, the Commission unanimously approved the amendment as proposed.

Final Adoption Regulation 09.10.01.07, 09.10.01.91 and 09.10.02.62.

Executive Director J. Michael Hopkins requested the Commission to approve for final adoption COMAR 09.10.01.07, which permits an owner to void a claim if the horse is determined to be unsound at the discretion of the State Veterinarian for up to one hour after the claiming race. Mr. Hopkins also requested approval for final adoption of COMAR 09.10.01.91 and 09.10.02.62, which enables both the thoroughbred industry and the harness industry to offer the Jackpot Super High Five. The bet requires the purchaser to select the first, second, third, fourth and fifth place finisher in a particular race and would require the payout to the successful winner if only one unique ticket was sold. Mr. Hopkins further commented that all three regulations had been published in the Maryland Register form the required amount of time and that no public comments had been received. Hearing no objection, the Commission voted on all three regulations separately and approved all three for final adoption.

Safety and Welfare Advisory Committee Report.

Executive Director J. Michael Hopkins explained to the Commission that on March 17, 2021, the Safety and Welfare Advisory Committee had met to discuss the safety of horses as related to what would constitute “sufficient clearance” during the running of a race as ordered by Howard County Circuit Court Judge Lenore Gelfman. To assist the Committee, the rules regarding disqualifying a horse from 30 racing jurisdictions were provided to the Committee. All of the rules reviewed deferred to the judgement of the stewards to determine what constituted grounds for disqualification. Consequently, the Committee unanimously recommend no changes to the current regulations regarding safety and sufficient clearance to the Commission and that issues of safety and sufficient clearance should remain as a judgment call by the stewards. The Commission unanimously adopted the Committee’s recommendation.

In addition, Mr. Hopkins reported that the Committee recommended the drug medroxyprogesterone acetate be banned from use at a race track, because it may cause sudden death in race horses. The Commission adopted the Committee’s recommendation to ban the drug medroxyprogesterone acetate.

Mr. Hopkins advised that the Committee discussed the need to have consistent reporting of vaccinations and that the vaccinations needed to be on the horse’s health certificate. Mr. Hopkins also advised of the completion of the Lasix study. Chairman Bowman explained that the study provided information, but offered no conclusions. Chairman Bowman advised that any further studies would be between the horsemen and the Maryland Jockey Club.

Mr. Hopkins also advised that trainer Jerry Robb commented that he had observed unsafe riding at the track and wanted the safety committee to review the races. Chairman Bowman explained to Mr. Robb that the Committee was not the proper place for such a discussion and that the Racing Commission would be the appropriate place to voice his concerns. Chairman Davitt advised that he would be willing to form a subcommittee to review his concerns once the information is provided by Mr. Robb.

2021 Legislation.

The Commission was presented with legislation that had been introduced during the current session and had crossed over to the opposite chamber for consideration. Executive Director J. Michael Hopkins commented that the pending legislation was in regard to sports wagering, the Maryland Bred Fund Advisory Committee membership, financial assistance for Fair Hill and a change in the purse formula from revenue generated at the Rocky Gap casino.

Maryland Jockey Club Update.

Sal Sinatra, representing the Maryland Jockey Club, reported that the MJC continues to work through the equine herpes virus outbreak with the Department of Agriculture, Dr. Dionne Benson, Dr. Elizabeth Daniel and the horsemen. Mr. Sinatra advised that the MJC allowed some patrons back at the track. Pimlico will be allowed to have 10,000 people for Preakness. Commissioner Tammy Lafferty asked about Rosecroft being allowed to have patrons. Mr. Sinatra responded that the MJC continue to ask the Prince George’s County government when patrons would be permitted.

Ocean Downs Update.

Bobbi Sample reported that Ocean Downs continues to work with horsemen to maximize the racing schedule, which is scheduled to start June 6, 2021. She further commented that Ocean Downs was working with the Fire Marshall to determine what would constitute 50% occupancy. Once that number is determined, Ocean Downs will discuss with the Health Department to determine the appropriate number of patrons allowed at the track.

Public Comments.

Andy Cashman, representing the Maryland State Fair, reported the State Fair was being used as a vaccination site. He further advised that the two-year old in training sale is scheduled for May 17, 2021 and an under tack showing on May 11 and 13.

Next Commission Meeting

The next Commission Meeting will be held April 22, 2021 at 12:30 P.M. at Laurel Park in person and via conference call.

J. Michael Hopkins
Executive Director