Minutes of Public Meeting - January 2, 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 January 2, 2024. At the start of the meeting, Chairman George Mahoney announced that he had been appointed Chairman and that he was looking forward to working with his fellow Commissioners. Chairman Mahoney confirmed that a quorum of Commissioners was present. Chairman Mahoney also was saddened to advise the public that Commissioner Ernie Grecco had passed. He thanked Commissioner Grecco for his service to the Commission as well as his lifetime of dedication to the labor movement. In addition, Chairman Mahoney introduced Shawn Wright to the public, the most recent Commissioner appointed by Governor Wes Moore. Ms. Wright gave her background as a litigation and regulatory compliance attorney and indicated that she was looking forward to serving on the Commission.

The Commission waived a reading of the minutes of its meeting on October 31, 2023, and voted to approve them unanimously. Commissioner Shawn Wright abstained from the vote, as she was not present at the meeting of October 31, 2023.

Executive Director J. Michael Hopkins asked the Commission members to ratify an email poll he had conducted on November 20, 2023, at which the Commission approved the 2024 race dates for the Maryland Standardbred Race Fund. Hearing no objection, the Commission unanimously ratified the 2024 proposed racing dates submitted by the Advisory Committee.

Executive Director J. Michael Hopkins informed the Commission that he had received a letter from the Maryland Bred Race Fund recommending that the current percentages for the Breeder Bonus and Stallion Bonus remain the same through June 30, 2024, and that the Bonus for Maryland sired and bred Maidens also remain the same for the period between January 1, 2024 and June 30, 2024. Hearing no objection, the Commission unanimously approved the request.

Commissioner Ellen Zavian requested that the meeting packets be sent out in advance of the meetings. Executive Director Mike Hopkins indicated that he would be able to send out the materials via e-mail before the meetings on a going forward basis. Ms. Zavian also was concerned about a succession plan in the event the Executive Director or the Assistant Attorney General were unable to perform their duties or retired and was curious if there was a plan. Mr. Hopkins and Mr. London advised that there is no succession plan in place. Ms. Zavian also asked whether the Commission could go into Executive Session to discuss financial information. Mr. London noted that leaving an Open Session requires a public disclosure of a specific reason, citing examples of personnel or need to consult legal counsel, but was unable to opine as to whether the Commission could go into Executive Session regarding financial information without more specific facts.

Commissioner Lillis expressed his concern over individuals dropping their appeals at the last minute and the lack of consequences for doing so. Assistant Attorney General Eric London suggested that the issue be tabled until he had the opportunity to review the regulations and propose options to the Commission at its next meeting. Commissioner Zavian indicated that she would present to Mr. London a list of issues that she would like counsel to address.

Commissioner Zavian also asked Mike Rogers of the Maryland Jockey Club to provide a sponsorship deck and Mr. Rogers agreed to do so.

Executive Director J. Michael Hopkins presented to the Commission for their approval of an addendum to the Voluntary Agreement entered into by the Commission in May 2023 with the Horse Racing Integrity and Safety Authority (HISA). Mr. Hopkins continued by commenting that the addendum provided an extension to the original agreement through December of 2024. Chairman Mahoney asked Mr. Hopkins to provide an explanation of HISA’s role for the benefit of the new Commissioners. Mr. Hopkins provided an explanation of how HISA was created and its role on a national level. Commissioner Zavian asked for a copy of the May 2023 agreement, which Mr. Hopkins said he would provide. Hearing no objection, the Commission unanimously approved the request for the addendum to the Voluntary Agreement.

Chairman Mahoney asked Mr. Hopkins about equine fatalities that occur on the track. Mr. Hopkins responded that there was a Committee that reviews each fatality and that he would ensure the Commission would be informed of each fatality as soon as practicable.

Maryland Jockey Club Update.

Mike Rogers, representing the Maryland Jockey Club, reported that the Maryland Jockey Club, Maryland Thoroughbred Horsemen’s Association and Maryland Horse Breeders Association had entered into an extension of the 10 year agreement through December of 2024. Mr. Rogers also advised that handle was up 1.4% in 2023 over 2022. He further advised that Brittany Russell was the first female trainer to obtain “Trainer of the Year” status. Finally, Mr. Rogers noted that Laurel’s opening day was scheduled for January 5, 2024. Commissioner Zavian asked if there was a discussion for a long-term agreement beyond one year. Mr. Rogers reported that a long-term agreement would be ideal and that the parties are working together to achieve that goal.

Mr. Rogers also reported that Rosecroft’s handle was up 20% over the previous year and that Rosecroft was looking forward to its opening day, scheduled for January 18, 2024.

Ocean Downs Update.

J. Michael Hopkins advised that Peter Szymanski, representing Ocean Downs, had reported no update concerning Ocean Downs.

Public Comments.

April Smith, representing Friends of Pimlico, read from a prepared statement expressing her disappointment with another short race meeting at Pimlico in 2024 and that historical pre-Preakness events had been discontinued. Tom Cooke, a member of Cloverleaf Standardbred Owners’ Association and the Maryland Standardbred Breeders, expressed his sincere condolences for the passing of Commissioner Ernie Grecco. Mary Beth Kalinich, a journalist, encouraged additional marketing of racing outside the racing community and commented that the future plans of Pimlico need to be revealed in order for people like her, a turf writer and reporter, to write about Pimlico’s future.

Next Commission Meeting.

February 6, 2024, at Laurel Park starting at 12:30 P.M.

/s/ George P. Mahoney, Jr.      

Chairman