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Minutes of Public Meeting - July 21, 2015

Commission Members Present:

Bruce Quade
Tammy Lafferty
David Hayden
John McDaniel
Tom Winebrenner
Dr. Thomas Bowman

Members Absent:

Charles Tildon
Mary Louise Preis

Staff Present Representing the Maryland Racing Commission:

J. Michael Hopkins

Executive Director
Eric B. London
Assistant Attorney General

In accordance with the Notice of Public Meeting, as required by §10-506, State Government Article, Annotated Code of Maryland, the Maryland Racing Commission (“Commission”) met in open session on July 21, 2015 commencing at 12:30 p.m. at Ocean Downs, Berlin, Maryland.

Chairman Quade opened the meeting by thanking Mr. Bill Rickman for hosting the Racing Commission and also introduced Mr. Tom Winebrener as the newest Commission member. Mr. Winebrener commented that he was honored to serve on the Commission and was looking forward to working with the industry stakeholders.

Minutes – June 16, 2015.

The Commission waived a reading of the minutes of its June 16, 2015 meeting and voted unanimously to approve them.

Maryland Jockey Club – Racing Facility Redevelopment Fund.

Executive Director J. Michael Hopkins presented the Commission with a request from the Maryland Jockey Club to be reimbursed $652,232.00 from the Racing Facility Redevelop Fund. Mr. Hopkins further explained that this amount had been reviewed by the Commission’s Certified Public Accountant and that it represented the balance due from the completion of the first barn at Laurel Park. Tim Ritvo, representing the Maryland Jockey Club, reported that construction of the second barn and wash pad at Laurel Park had started and the estimated completion date was November 1, 2015. Mr. Ritvo also advised that a third barn would be constructed after the second barn is completed. Hearing no objection, the Commission unanimously approved the request.

Executive Director J. Michael Hopkins also informed the Commission that the Maryland Jockey Club was asking for an advance for the construction of the second barn in the amount of $678,932.00. Mr. Hopkins said the request would be reviewed by the Commission’s Certified Public Accountant, once the second barn was completed. Mr. Hopkins advised that the Commission had previously approved such a request in January of 2015 for the first barn. Hearing no objection, the Commission unanimously approved the request.

Maryland Jockey Club - Laurel Fall Race Meet.

Executive Director J. Michael Hopkins advised the Commission that he had received a request from the Maryland Jockey Club for the Laurel Fall Meeting, which included, but not limited to, a request to import and export the races they find marketable, post times and number of races. In addition, the Maryland Jockey Club was asking for approval of its Fall stakes schedule, which included 4 stakes races usually run in Virginia. Mr. Hopkins noted that a letter was sent to the Maryland Jockey Club from Colonial Downs objecting to having the Virginia stakes races run at Laurel Park. Tim Ritvo, representing the Maryland Jockey Club, explained that the Maryland Jockey Club was providing a place for these stakes races to be run in order for the stakes races to retain their graded status. He explained that the graded status would be lost if the stakes races were not run for two consecutive years. He noted that the Maryland Jockey Club was providing a venue for the stakes races as an act of cooperation with the Virginia horsemen. Commissioner John McDaniel applauded the Maryland Jockey Club’s efforts of cooperation. The Commission unanimously approved the Fall stakes schedule and other requests, provided there is a resolution to the objection filed by Colonial Downs.

In addition, Mr. Hopkins explained that Laurel Park will be having a “Maryland Bred Day” on August 22, 2015, which will include 4 stake races that will be run for a purse of $50,000.00 each, unless the Commission approved an additional $10,000.00 for each stakes race. Chairman Quade commented that the “Maryland Bred Day” was discussed between the breeders, horsemen and the Maryland Jockey Club and that it would be a restricted day for Maryland bred horses. Having no questions, the Commission unanimously approved the additional $10,000.00 for each stake race on August 22, 2015 from the purse account.

Maryland Stadium Authority – Al Tyler.

Al Tyler, representing the Maryland Stadium Authority, reported that the Maryland Horse Industry Board had engaged the Maryland Stadium Authority approximately one year ago to perform a study focusing on improving existing facilities throughout the State. Mr. Tyler noted that a report would be released on September 1, 2015 identifying the Prince George’s Equestrian Center in Upper Marlboro and Fair Hill in Elkton as the sites. The report will include recommendations that would increase economic activity at both facilities. Chairman Quade thanked Mr. Tyler for his time as well as the Maryland Horse Industry Board.

Jockeys Guild—Double Jock Mounts.

Executive Director J. Michael Hopkins reported that Mindy Coleman representing the Guild had missed her flight and was unable to attend. The Commission tabled the issue of Double Jock Mounts.

Outrider – Ocean Downs.

Executive Director J. Michael Hopkins explained that he had received an e-mail the previous week from Sharon Roberts, Executive Director of Cloverleaf Standardbred Owners’ Association (CSOA), asking that the use of outriders at Ocean Downs be placed on the agenda. Mr. Hopkins further explained that the Maryland regulations do not require an outrider at harness tracks. Sharon Roberts commented that because horses are not stabled at the tracks and do not have the opportunity to train as frequently as in previous years, the use of an outrider would improve the safety and welfare of the participants at the track. Chairman Quade commented that the issue did not appear to be a Commission issue at this time and that it needed to be further discussed between Ocean Downs and the horsemen. John Mooney, representing Ocean Downs, commented that Ocean Downs was looking at all the aspects of this issue and would continue to discuss the matter with CSOA.

Breathalyzer Testing.

Executive Director J. Michael Hopkins reported that since the June Commission meeting, all drivers in two random races a night were being tested and that no one had been subjected to any disciplinary action. The program was working, but he noted that it would not be a burden to test all drivers participating on race night, since there are a limited number of drivers. Mr. Hopkins further commented that the current regulation only allows testing of an individual who comes in contact with a horse. The Commission agreed that for the balance of the meet all drivers would be tested.

Video Lottery Revenue - Report.

J. Michael Hopkins provided the Commission members with a comparison of VLT revenues from fiscal year 2014 and 2015 in addition to the June report.

Uniform Medication.

Executive Director J. Michael Hopkins reported that the Uniform Medication Program is being adopted by most racing jurisdictions and that some clarifications have been issued regarding the use of Depo-medrol and Procaine. In addition, the Cobalt regulation would be effective on August 1, 2015 and suggested that the penalty for a horse that exceeds 50 nanograms per milliliter be disqualification and given a 15 day suspension for the first offense. He clarified that the 15 days be live Maryland race days, instead of 15 calendar days. Chairman Quade commented that he believed a harsher penalty would be appropriate, because of the efforts being made and the costs involved in the process. The Commission agreed with the 15 live days and Mr. Hopkins said he would instruct the stewards and judges.

Standardbred Task Force.

Chairman Quade commented that the Task Force met prior to the meeting with industry representatives and had good discussions regarding improvements. Chairman Quade noted that meeting for one hour was not enough time and suggested that the Task Force would be meeting for an entire day to develop recommendations for the future of standardbred racing.

Public Comment.

Alan Forman commented that another substance that occurs naturally, gamma amino butyric acid (GABA), has the ability to give a calming effect to a horse and is usually administered just before a race. Mr. Forman further commented that a regulation creating a threshold of 110 nanograms per milliliter of blood plasma should be adopted by the Commission on an emergency basis. Chairman Quade responded that the Commission has a process it must follow prior to voting on any new or amended regulations. Mr. Forman substantiated Mr. Hopkins’ previous comments regarding the implementation of the Uniform Medication regulations throughout the mid-Atlantic region as well as the rest of the country. Tim Ritvo commented that the industry was making great strides on the medication front and further stated that “we were all in this together” and that all stakeholders should be supportive of the medication initiatives.

Ross Peddicord of the Maryland Horse Industry Board reminded the Commission of the horse industry tent that would be at Timonium during the State Fair.

Next Commission Meeting.

The next Commission meeting will be held on September 15, 2015 in the Clubhouse at Laurel Park, Laurel, MD 20725.

J. Michael Hopkins
Executive Director