Minutes of Public Meeting - February 6, 2024

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 February 6, 2024. At the start of the meeting, Chairman George Mahoney took a roll call of the Commission members and confirmed that all were present, except for Commissioner Konrad Wayson.

The Commission waived a reading of the minutes of its meeting on January 2, 2024, and voted to approve them unanimously.

Executive Director J. Michael Hopkins informed the Commission that he has not seen any legislation that would implement the recommendations of the Maryland Thoroughbred Racetrack Operating Authority, but was aware that legislation was being drafted. Mr. Hopkins also informed the Commission that Senate Bill 627 had been introduced, which would transfer the Racing Commission’s authority over the Satellite Simulcast Betting facilities to the Maryland Lottery & Gaming Commission. Chairman George Mahoney asked Mr. Hopkins if there was any legislation that needed to be considered by the commission. Mr. Hopkins responded he was not aware of any at this time, but he would monitor any legislative proposals that were introduced.

Executive Director J. Michael Hopkins informed the Commission that Commissioner Zavian had asked that a number of items that were tabled from January’s meeting be on the agenda. Commissioner Zavian had expressed concerns that Commissioners were not being provided agenda materials with sufficient time to review the information prior to the public meetings, where they would be asked to consider and vote on certain items. Mr. Hopkins responded that he would be happy to provide the Commission with all public meeting information at least 7 days prior to the meeting, along with all appropriate historical documents.

Commissioner Zavian also asked about a regulatory review process that was performed by then Executive Director Ken Schertle. Mr. Hopkins responded that Mr. Schertle had been retired since 2001 and would need a more definitive time frame to respond to the Commissioner’s question. Mr. London, counsel to the Commission, agreed to send to all members the previous Sunset Review Evaluation of the Maryland Racing Commission.

Commissioner Zavian expressed her concern with the historical knowledge that Assistant Attorney General Eric London possessed and the succession plan if he was to leave State service. Mr. London responded by informing the Commission that his work product is retained electronically and would be available to his successor. Mr. London made clear that he keeps his supervisors apprised of the status of the Commission and would be in contact with his supervisors should he anticipate leaving his current position.

Commissioner Lillis had expressed his concern about individuals who had appealed a steward’s decision and did not appear before the Commission or withdrew their appeal at the last moment. Assistant Attorney General Eric London informed the Commission that the current COMAR regulations allow the Commission to fine an individual for failing to appear and require them to pay the costs of the hearing. Taking Mr. London’s comments into consideration, Commissioner Lillis made a motion that if an individual withdraws an appeal within 24 hours of the scheduled hearing, they be assessed a fine of $500.00 and the cost of the court reporter, absent any unusual circumstance. The motion was seconded and unanimously adopted by the Commission.

Commissioner Zavian had also asked about racetrack incidents being reported to the Commission in a timely fashion. Mr. Hopkins responded that he had put in place a process that all fatalities would be reported to him, and that information would be provided to the Commission as soon as practical.

Finally, Commissioner Zavian wanted to know whether the racetracks provided quarterly financial statements to the Commission. Mr. Hopkins informed the Commission that the tracks are all required to provide annual audited financial statements within 90 days of the close of their fiscal year. Mr. Hopkins continued that all the tracks, except for the State Fair, end their fiscal year on December 31st, which would require the statements be delivered by March 31st (The State Fair fiscal year ends October 31st). After a discussion, the Commission indicated that it would not ask for quarterly statements, but would revisit the issue if they believed it to be necessary.

Maryland Jockey Club Update.

Mike Rogers, representing the Maryland Jockey Club, reported that the Maryland Jockey Club had lost 4 days of racing due to weather and that the lost race days were being made up by adding races to currently scheduled days. Mr. Rogers continued that the General George and Barbara Fritchie entries scheduled to run on February 17th could be light due to an outbreak of EHV1 in New York.

In addition, Mr. Rogers advised that the MJC would be hosting BARCS on February 10th with an adopt a pet program at Pimlico and that on January 22, 2024. Mr. Rogers also explained that Jeff Kreimer, the MJC Safety Officer, held a fire safety seminar for the backstretch residents at Laurel and will host another seminar at Pimlico for those residents on February 26, 2024. Chairman Mahoney asked how many residents were housed at both Laurel and Pimlico. Mr. Rogers reported that approximately 120 people were residents at Laurel and 60 people were residents at Pimlico. Mr. Rogers also reported that Rosecroft handle was up by 10% and thanked Lisa Watts for her outstanding work at Rosecroft, managing the Corn Hole tournaments and the Golden Glove Boxing matches.

Public Comments.

April Smith, representing Friends of Pimlico, read from a prepared statement expressing her concerns with the lack of information regarding the design of the new proposed Pimlico facility and commented on the positive Baltimore Sun editorial on the Pimlico Plus plan set forth by the Maryland Thoroughbred Racetrack Operating Authority. Cricket Goodall, representing the Maryland Horse Breeders, provided the Commission with an economic impact study of the horse industry, which was recently completed by the American Horse Council. In that study, the Horse Council specifically identified the Maryland horse industry with an increase in economic activity.

Next Commission Meeting.

Chairman Mahoney asked the Executive Director Michael Hopkins if a March meeting was necessary. Mr. Hopkins responded that there would not be any need to hold such a meeting, but if a need arose, he would contact each member and inform them. Consequently, the Commission announced that the next public meeting would be held on April 2, 2024, at Laurel Park starting at 12:30 P.M. Commissioner Lillis asked if the Commission would consider holding a meeting at Ocean Downs on August 15, 2024, that would coincide with MACO’s Summer Conference. The Commission responded that they would consider holding it there on that date and would confirm at the next meeting.

/s/ George P. Mahoney, Jr.      

Chairman