Minutes of Public Meeting - February 1, 2022

In accordance with §3-302, General Provisions Article, Annotated Code of Maryland, the Maryland Racing Commission (“Commission”)  by conference call in open session at 12:30 p.m. on February 1, 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 verified that all members were present.

Minutes – January 4, 2022.

The Commission waived a reading of the minutes of its January 4, 2022 meeting and voted unanimously to approve the minutes.

Safety and Welfare Committee. 

Commissioner Dr. Tom Bowman reported on the following items and advised that future meetings of the Committee will be scheduled on a regular basis.

1. Standardbred Whip Rule. Industry stakeholders met and were encouraged to develop a policy for the use of the whip in standardbred racing. Dr. Bowman advised that the stakeholders were unable to come to an agreement and that further review has been referred to Health Safety and Welfare Committee to develop a new policy.
2. The Maryland Thoroughbred Horsemen’s Association financed a study on prohibited Lasix use in two-year-olds, which was completed at the end of calendar year 2020.  The results were compiled and presented to all industry stakeholders. At present time, Lasix in two-year-olds continues to be prohibited as well as in graded stake races.
3. The rodent problem on the backstretch at Laurel appears to be adequately resolved.
4. Training related injuries. Dr. Heidi Thomas is now charged with on-site examination and compilation of injuries during training hours. In addition, she is responsible for regular contact with trainers and exercise riders to identify subtle injuries that may lead to more significant problems. Dr. Thomas will be reporting her observations to the Chairman of the Health Safety and Welfare Committee, Dr. Elizabeth Daniel and others on a frequent basis.
5. Necropsy procedures following catastrophic breakdowns have been expanded to include additional radiographic information.
6. Training hours in the morning have been modified to enable most training to occur during daylight hours.
7. Emphasized that any horse identified as coming out of a race lame, whether claimed or not, must be cleared to enter a subsequent race by an appropriate veterinary examination.
8. Frequent participation among all stakeholders concerning the issues to establish and maintain a safe track surface at Laurel Park. At present, the plan proposed by, and followed through by Mike Rogers of the Maryland Jockey Club, is yielding positive results. Racing proceeded at the end of January, despite very difficult conditions without mishap and the horsemen reported the track was in excellent condition.

Maryland Jockey Club – Rosecroft Spring Race Meet.

The Commission was presented with a request to approve the Rosecroft Spring Race Meet from April 1, 2022, through May 31, 2022. The request was for 13 days of live racing and 48 days of simulcasting. The request also contained approval for simulcasting their live races to other jurisdictions, intertrack wagering, common pool wagering and simulcast wagering on out of state races. Hearing no objection, the Commission unanimously approved the request.

Maryland Jockey Club – Laurel Spring Race Meet.

The Commission was presented with a request to approve the Laurel Spring Race Meet from April 1, 2022, through May 8, 2022. The request was for 22 days of live racing and 16 days of simulcasting. The request also contained approval for simulcasting their live races to other jurisdictions, intertrack wagering, common pool wagering and simulcast wagering on out of state races. Hearing no objection, the Commission unanimously approved the request.

Maryland Jockey Club – Pimlico Race Meet.

The Commission was presented with a request to approve the Pimlico Spring Race Meet from May 9, 2022, through May 31, 2022. The request was for 12 days of live racing and 11 days of simulcasting. The request also contained approval for simulcasting their live races to other jurisdictions, intertrack wagering, common pool wagering and simulcast wagering on out of state races. Hearing no objection, the Commission unanimously approved the request.

Maryland Jockey Club – Racing Surface and Cancellation Policy.

Mike Rogers, representing the Maryland Jockey Club (“MJC”), reported to the Commission that the Work Plan submitted in December was on schedule and has not deviated from when it was presented to the Commission at the January Meeting. Mike Rogers advised that the MJC had added course sand to the cushion due to the silt and clay composition being too high. Consequently, the cushion is responding. Chris Bosley, the Track Superintendent, commented that the MJC continues to work with the track surface and sees it improving. Mike Rogers added that due to the late cancellation on January 18, 2022, the MJC has put in place a “Race Day Significant Precipitation Event Policy”, which recognizes the impact of inclement weather and the need to cancel live racing as soon as possible. As a result, a committee has been formed comprised of the Track Superintendent, the Track General Manager, no less than two jockey representatives and no less than two representatives from the Maryland Thoroughbred Horsemen’s Association. The policy dictates that the group meet at 7:30 A.M. to discuss track conditions and if anyone expresses concern that racing over the surface would be unsafe, then live racing would be cancelled for that day. Chairman Algeo asked the other Commission members if they had any questions. Hearing none, Chairman Algeo thanked both Mike Rogers and Chris Bosley for the work and success they have achieved with the Laurel track surface.

Ocean Downs – Update.

Peter Szymanski advised that he had no additional update since January for Ocean Downs.

HISA – Update Alan Foreman.

Alan Foreman was asked to provide an update to the Commission and the public on the status of the Horse Racing Integrity and Safety Act (“HISA”). Mr. Foreman explained that despite the legal challenges to the Act, as to its Constitutionality, he believed the federal law would take effect on July 1, 2022. In leading up to that, Mr. Foreman commented that he and a number of other racing stakeholders have been reviewing and providing comment to the Federal Trade Commission on the proposed rules. In the interim, the Commission will be contacted by HISA to discuss a contractual arrangement as provided for in the statute. The Commission will also need to ask for an exemption from HISA to permit the continued use of Lasix beyond July 1, 2022, for all horses except two-year- olds and horses participating in stake races. Mr. Foreman continued that the Federal Statute usurps any state law or regulation that is contrary to the federal law. Mr. Foreman also reported that since HISA has failed to contract with an enforcement agency, the medication portion of the law would not be taking effect until January 1, 2023.

Public Comment.

Andy Cashman, representing the Maryland State Fair, reported that Timonium was in the process of preparing for the May two-year-old in training sale, which will be held after the Preakness. Mr. Cashman also reported that the State Fair would be extended from September 8, 2022, through September 11, 2022 and that the racing schedule would remain the same as it has in the previous years.

Next Commission Meeting.

March 4, 2022, at Laurel Park starting at 12:30 P.M.

Michael J. Algeo        

Chairman