Minutes of Public Meeting - October 22, 2020

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 October 22, 2020 at 12:30 p.m. 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 – September 25, 2020

The Commission waived a reading of the minutes of its September 24, 2020 meeting and voted unanimously to approve the minutes.

Proposed Regulation 09.10.03.01-01.

The Commission was presented with a proposed regulation that would eliminate the established threshold for clenbuterol and make its presence in a horse’s system on race day prohibited. Executive Director J. Michael Hopkins explained to the Commission that there has been some evidence indicating that the medication has been abused for its anabolic effect on a horse. Mr. Hopkins further explained that this proposal is also being recommended by the Racing Medication and Testing Consortium and the Mid-Atlantic region. Mr. Hopkins explained that veterinarians will be required to follow protocols when they believe it is appropriate to prescribe clenbuterol to a horse. Commissioner Ernie Grecco asked Commissioner Tom Bowman what his thoughts were on the proposal. Commissioner Bowman, a practicing veterinarian, agreed with the proposed regulatory change. Hearing no objection, the Commission unanimously approved the proposed regulation.

2021 Racing Dates Ocean Downs.

Ocean Downs requested racing dates between January 1, 2021 through December 31, 2021. Executive Director J. Michael Hopkins explained that their request for specific days would be submitted at a later time, but did not expect the schedule to be different than it has been in the past. Hearing no objection, the Commission approved the request.

2021 Ocean Downs Request for Simulcasting.

Hearing no objection, the Commission approved a request from Ocean Downs to import and export the races they find marketable during calendar year 2021.

2021 Racing Dates Prince Georges Racing Inc.

Executive Director J. Michael Hopkins presented the Commission with a request from Rosecroft for their 2021 racing dates from January 1, 2021 through December 31, 2021 and specifically for the period between January 1, 2021 and March 31, 2021. Included in that request was a request to import and export the races they find marketable in addition to a number of other requests normally requested to operate their race meeting. Hearing no objection, the Commission approved the request.

2021 Racing Dates Maryland Jockey Club.

The Maryland Jockey Club (Laurel and Pimlico) submitted a request for their 2021 racing dates between January 1, 2021 through December 31, 2021. The request specifically requested dates for the Laurel winter meet beginning January 1, 2021 through March 31, 2021, along with requests for simulcasting and other operational requests. The Maryland Jockey Club indicated that specifics for other race meetings held during 2021 would be requested at a later time. Hearing no objection, the Commission approved the request.

2021 Racing Dates Maryland State Fair.

Executive Director J. Michael Hopkins explained to the Commission that the 2021 racing date request from the Maryland State Fair was similar to previous years, but he advised the Commission that the State Fair intends to run all 10 days. Mr. Hopkins explained that historically the State Fair only runs for seven days during the Fair, but explained that it was their intention to run for an additional three days after the State Fair ends. Mr. Hopkins further explained that the Fair and Maryland Jockey Club have been discussing this schedule and that there would not be any conflict between the two tracks. Hearing no objection, the Commission approved the request.

Ocean Downs Update.

Bobbi Sample, representing Ocean Downs, reported that Ocean Downs has met with the horsemen to incorporate their comments into the 2021 schedule. Ms. Sample advised that Worchester County approved zoning changes for the property that mainly concern the casino. Ms. Sample advised that the zoning approval does not change or impact the future of racing at Ocean Downs.

Maryland Jockey Club – Racing Facility Redevelopment Account Request.

Executive Director J. Michael Hopkins informed the Commission that he had received a request dated June 25, 2020 from the Maryland Jockey Club for the Racing Facility Redevelopment Account funds encumbered in May of 2020 by the Commission, which had been forwarded to the Commission’s Certified Public Accountant for review. The request included capital improvements for a water main project, a starting chute retaining wall, an ambulance, mobile equipment (trucks/tractors), an apron tent, paving, track safety rail and lighting, video boards and equipment.

Mr. Hopkins reminded the Commission that at the May 2020 Meeting, the Commission had approved the updated capital improvement plan and approved a request to encumber $2,243,000.00 from the Racing Facility Redevelopment Account. Mr. Hopkins explained the encumbrance of the RFRA funds by the Commission was in accordance with language enacted during the 2020 legislative session contained in Senate Bill 987. Mr. Hopkins further explained that the encumbered amount was based on a preliminary plan submitted to the Commission. At that time, the Commission only approved the amount of money to be encumbered and not any specific projects. Mr. Hopkins further explained that the Commission had the authority to approve or deny any request presented to them and that if any of the encumbered funds were not approved by December 31, 2020, any remaining amount would be sent to the Maryland Stadium Authority for the Racing Community Redevelopment Account.

Mr. Hopkins also added that the June 25, 2020 request had been reviewed by the Certified Public Accountant under contract with the Commission and that the items identified in that report are in compliance with the State Government Article and the COMAR regulations relating to the Racing Facility Redevelopment Account. Commissioner Hayden asked about the Northwestern Ambulance item. Doug Illig, Chief Financial Officer from the Maryland Jockey Club, explained that Northwestern was a company through which the MJC purchased the ambulance. Commissioner Tom Bowman asked for clarification as to whether “racing equipment” was permitted as a capital improvement under the regulations. Mr. Hopkins responded that the COMAR 09.10.04.25, which is the regulation governing RFRA, specifically identified “racing related equipment” as capital improvements, to which tractors and ambulances would be permitted. Mike Johansen, representing the Maryland Jockey Club, commented that racing equipment had been approved in the past and that the request was appropriate, since the items requested would be used in the future after the buildings are reconstructed. Commissioner David Hayden asked about a tent included in the request. Mr. Johansen responded that that the tent structure is temporary and that the new plan at Pimlico calls for more temporary structures. Chairman Davitt asked Assistant Attorney General Eric London if the request being made was in accordance with the law and regulations and whether or not he saw any legal issue with the request. Mr. London responded that the request was in accordance with the law and regulations. Hearing no other comment, Konrad Wayson made a motion to approve the request, it was seconded by Commissioner David Hayden and after a roll call was taken of all Commissioners, the motion was unanimously approved.

Maryland Jockey Club- Update.

Sal Sinatra, representing the Maryland Jockey Club, reported that the MJC was allowed to open to 250 people from the public during the previous weekend and advised that the same number of people will be allowed during the Maryland Million weekend. Chairman Davitt thanked Mr. Sinatra and commented that he thought the Preakness was well done under the circumstances.

Public Comments.

Cricket Goodall, representing the Maryland Horse Breeders and Maryland Million, followed up on Mr. Sinatra’s comments regarding Maryland Million Day. Ms. Goodall noted that Maryland Million would be streamed on TVG. Dan Myer, representing the Maryland Standardbred Breeders, thanked Ocean Downs for working with the horsemen during 2020. Dave Gordon, representing the Maryland State Fair, commented that the State Fair would be having their first Standardbred horse sale with approximately 1,500 horses in the first week of November.

Next Commission Meeting

The next Commission Meeting will be held in the first week of December at 12:30 via a conference call or in person at Laurel Park, but any final determination would be made after coordinating with the Commission members as to their availability. Assistant Attorney General Eric London reminded the public to check the Commission’s website to confirm the date for the next meeting.

J. Michael Hopkins
Executive Director