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Minutes of Public Meeting - April 5, 2022

Commission Members Present:

Michael Algeo

Tom Winebrener

David Hayden

Thomas Bowman

Emmet Davitt

Clarissa Coughlin

Ernest Grecco

Tammy Lafferty

Members Absent:

Konrad Wayson

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 in person and by conference call in open session at 12:30 p.m. at Laurel Park on April 5, 2022. Prior to the meeting, Chairman Michael Algeo informed the public that their phones or computers 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 confirmed that Commissioner Konrad Wayson was absent. Dr. Tom Bowman, Tammy Lafferty and Emmet Davitt participated by phone or computer, with all remaining members participating in person.

Minutes – March 1, 2022.

The Commission waived a reading of the minutes of its meeting on March 1, 2022 and voted unanimously to approve the minutes.

Horse Racing Integrity and Safety Authority (HISA).

Executive Director J. Michael Hopkins advised the Commission that he had received the annual calculation of each state’s proportionate share of the HISA 2022 budget. Mr. Hopkins further stated that Maryland has the opportunity to “opt in” and agree to collect and remit the fees associated with Maryland’s share of the HISA budget. Having asked the Commission Counsel and Department Counsel to review the Federal Law that takes effect on July 1, 2022, Mr. Hopkins was advised that the Maryland Racing Commission does not have any statutory, regulatory or contractual authority to assess, collect and remit these fees to HISA. Chairman Algeo asked Commission Counsel Eric London if he had anything further to add and Mr. London concurred with the explanation provided by Mr. Hopkins. Chairman Algeo noting that the Commission did not have any authority to act as requested by HISA, he asked for a motion to decline assessing and remitting these fees to HISA. Dr. Tom Bowman made the motion not to collect these fees which was seconded by David Hayden. The Commission voted unanimously to approve the motion.

Cloverleaf Standardbred Owners’ Association (CSOA).

The Commission was presented with a letter from the Cloverleaf Standardbred Owners’ Association making several recommendations regarding the suspension of a trainer who has had a medication violation and the ability to transfer the horses under their care. At the Commission meeting on March 1, 2022, this subject was discussed and referred to Commissioners Lafferty, Coughlin and Winebrenner to develop a recommendation in concert with CSOA. The recommendations are the following:

  1. All licenses held by a trainer who has had a medication violation be suspended;
  2. The horse with the medication violation be suspended during the term of the trainer’s suspension;
  3. Any horse owned or partially owned by the suspended trainer may not be transferred to another trainer for racing purposes;
  4. A trainer under suspension be denied access to any licensed racetrack under the jurisdiction of the commission; and
  5. The suspension be served while there is a live race meeting being conducted in the state.

Ocean Downs Raceway 2022 Live Race Meeting and Update.

Bobbi Sample representing Ocean Downs presented the Commission with a request for their 47 days live race meeting beginning May 29through September 7, 2022. The live days would be conducted on Sunday, Monday, Wednesday and Thursday with a post time of 7:05 P.M. Hearing no objection, the Commission unanimously approved the request. Ms. Sample further explained that Ocean Downs continues to prepare for the upcoming race meet and were looking forward to Opening Day. Executive Director J. Michael Hopkins also commented that the Commission had received a letter from the Maryland Standardbred Breeders giving their approval to Ocean Downs to import and export the races they find marketable through December 31, 2022.

Maryland Standardbred Race Fund 2022 Purse Schedule.

Cheri Stambaugh, Administrator of the Maryland Standardbred Race Fund, reported that the Maryland Standardbred Race Fund Advisory Committee had approved the 2022 purse structure for the Sire Stakes and Mare Stakes program, which was approximately $2,100,000.00. Hearing no objection, the Commission unanimously approved the purse structure.

Preakness Bonus 2022.

Executive Director J. Michael Hopkins presented the Commission members with a request from the Maryland Thoroughbred Horsemen’s Association, Maryland Jockey Club and Maryland Horse Breeders Association for the distribution of $500,000.00 that was provided by the State as a bonus, if a Maryland bred or Maryland sired horse would finish first, second or third in the Preakness Stakes. Hearing no objection, the Commission unanimously approved the request.

Maryland Jockey Club Stakes Schedule.

The Commission was asked to approve the 2022 Stake schedule for the Maryland Jockey Club through July 30, 2022. Hearing no objection, the Commission unanimously approved the request.

Backstretch Employees’ Pension Fund.

Executive Director J. Michael Hopkins informed the Commission that each year the Maryland Thoroughbred Horsemen’s Association make a request to deduct up to .25% from open purses for the Backstretch Employees Pension Fund. Mr. Hopkins further commented that the 2022 request was for $1,000,000.00. Hearing no objection, the Commission unanimously approved the request.

Final Regulations 09.10.01.86, .91 and 09.10.02.60 and .62.

The Commission was presented with regulations 09.10.01.86, .91, 09.10.02.60 and .62 for final adoption., which was for the Super High Five, Ocean High Five and Jackpot Super High Five. Hearing no objection, the Commission unanimously approved the regulations for final adoption.

Proposed and Emergency Regulations 09.10.01.84, 88, 09.10.02.08 and .25.

Executive Director J. Michael Hopkins explained to the Commission that amendments to 09.10.01.84 and .88 were being proposed to add language that would permit a patron wagering on a Pick N wager the option of selecting an alternate betting interest, if one of their selections were to be scratched in lieu of having the post time favorite substituted for the scratched horse. Hearing no objection, the Commission unanimously approved the proposed amendments. Mr. Hopkins continued that the amendments to 09.10.02.08 and .25 were being presented as both proposed and on an emergency basis to have them take effect to coincide with the race meeting starting at Ocean Downs in May. Mr. Hopkins continued to explain the change to 09.10.02.08 would add a provision that would allow an owner up to one hour after the race to decline to take custody of a claimed horse that was vanned off of the track at the discretion of the state veterinarian or was sent to the detention barn after the race and observed to be lame by the state veterinarian. Mr. Hopkins also commented the same provisions were currently in place at the thoroughbred tracks. Hearing no objection, the Commission unanimously approved the amendments to be submitted as proposed and on an emergency basis.

Maryland Jockey Club – On Track Mobile Wagering and Update.

Mike Rogers, representing the Maryland Jockey Club, asked the Commission to approve the on track mobile wagering app called 1st Bet. Mr. Rogers explained that the wagering app would be geo-fenced and only available to patrons in the facility. Mr. Rogers continued that there had been some confusion in the past, because this app uses a different wagering hub in Oregon, unlike the hub in Hunt Valley that is used for the Maryland tracks. Executive Director J. Michael Hopkins commented that this app could only be made available to individuals who were physically at the track and would not be able to access the app and make wagers once they left the facility. Mr. Hopkins continued stating that if the app was usable outside the facility, it would be subject to telephone account wagering rules and require to be approved by the Commission before it could be implemented. Hearing no objection, the Commission approved the use of the mobile app. Mike Rogers also reported that there would be a need to suspend training at Pimlico for a few days to perform routine maintenance on the track surface. Mr. Rogers advised that the track surface at Laurel was having more silt added to the cushion to give it more body and to transition the makeup of the cushion to warm weather racing.

Public Comments.

Andy Cashman, representing the Maryland State Fair, commented that the State Fair was preparing the facility for the 2-year-old in training sale in May.

Next Commission Meeting.

May 3, 2022 at Laurel Park starting at 12:30 P.M.

/s/Michael J. Algeo

Chairman