Dec 16, 2020  
Michigan Gaming Control Board  
Re: Draft Changes to the Horse Racing General Rules – Public Comment  
Attn: Wendy Harns  
PO Box 30786,  
Lansing, Michigan 48909  
To Whom It May Concern,  
Pursuant to the publication of the draft general rules for horse racing, posted for a public comment  
hearing on Dec 16th, please accept the following response and feedback. As key stakeholders, we thank  
you for the opportunity to review and provide comment on the proposed rule changes as this process  
moves forward and is implemented. Within the proposed rules available for review, we request your  
consideration on the following questions and concerns:  
Page 10, R431.1047 (4):  
The current draft requires a CHO to be certified before being “entitled to receive or distribute and  
simulcast purse pool funds or live racing funds”. However, this language doesn’t reference any funds  
distributed from the horse racing disbursement account that may have been generated form a race  
meeting licensee's third-party facilitator. The MHHA would suggest that this rule also require a CHO to  
be certified before being eligible to receive or distribute these funds.  
Page 139, R 431.5005 (2):  
This rule requires that a race meeting licensee assumes and acknowledges responsibility for all conduct  
of third party facilitators. However, during the licensing process earlier this year the MGCB refused to  
provide even basic updates to the race meeting licensee on the status of applications. We would submit  
that if the MGCB requires a race meeting licensee take responsibility for third party facilitators they  
should also be entitled to information on their third-party facilitators from the state regulator. It would  
be impractical and unfair for the state regulator to push liability for the actions of third party facilitators  
on to race meeting licensees and then also deny them information on their third-party facilitators. We  
would suggest the Michigan Gaming Control Board either limit this responsibility for race meeting  
licensees or include a provision in the rules that gives the race meeting licensee access to information  
from the MGCB related to their licensed third party facilitators.  
Request for a new provision governing Historical Horse Racing terminals:  
Sec. 17 (1) of the Horseracing Act reads, “The pari-mutuel system of wagering on the results of horse  
races as permitted by this act is not unlawful. All forms of pari-mutuel wagering must be conducted  
under a race meeting license preapproved by the racing commissioner by rule or written order of the  
commissioner.” We believe that the use of historical horse racing terminals fit under the definition of  
pari-mutuel system of wagering on the results of horse races. As such we request that the MGCB use  
this rule set to build a frame work of rules around this type of gaming. We would ask the MGCB to set a  
standard for testing HHR terminals to ensure they are indeed pari-mutuel and ask the regulator include  
a process for approving specific machines for use in the rules.  
Furthermore, Section 20 states that it is the policy of this state to promote the positive growth and  
development of high quality horse racing and other equine competitions in this state as a business and  
entertainment activity for residents of this state. Given the nearly 2 decades decline of revenues due to  
the expansion of other forms of gaming at the lottery and casinos we do not believe the MGCB can  
promote the positive growth and development of high quality horse racing without the inclusion of the  
revenue generated by historical horse racing. Additionally, Section 7 (1) allows the racing commissioner  
to promulgate rules that both approve and regulate pari-mutuel wagering on the results of horse races  
and that promote the growth of all horse racing, pari-mutuel wagering on the results of horse races, and  
simulcasting conducted at licensed race meetings within this state.  
The law specifically gives the racing commissioner the power to approve the use of historical horse  
racing terminals at licensed race tracks, but we believe it also creates a duty for the office of the racing  
commissioner to use these powers to the extent that doing so would lead to the growth and promotion  
of horse racing with in the state. We would argue the department deliberately choosing not to use these  
powers would be to the detriment of horse racing in Michigan and potentially violate the law.  
Thank you again for the opportunity to provide public comment on these proposed rule changes. Any  
changes to the general rules for horse racing have a direct impact on tens of thousands of individuals  
who interact with horse racing every year. Please do not hesitate to contact us if you have any questions  
about the issues highlighted in this letter. We look forward to working with the Michigan Gaming  
Control Board as this process moves forward.  
Thomas Barrett,  
President, Michigan Harness Horsemen’s Association  
Mike Carlo,  
Operations Manager, Northville Downs  
FW: Claiming rules  
Wednesday, December 16, 2020 9:08:41 AM  
MHHA submission for rules hearing, pertaining to the claims section.  
William Frank, DVM Racing Specialist  
Michigan Gaming Control Board  
Phone: 313-456-0236  
Fax: 313-456-2864  
From: Thomas J. Barrett <>  
Sent: Tuesday, December 15, 2020 5:06 PM  
To: Frank, William (MGCB) <>  
Subject: Claiming rules  
CAUTION: This is an External email. Please send suspicious emails to  
Under 5  
Any class 1 violation voids the claim regardless if the horse has raced since the claim.  
Under 6  
Under 7  
Thomas J. Barrett  
Vice President  
Commercial Lending Market Manager  
134 North First Street  
Brighton, MI 48116  
Phone | 810-355-2336  
Fax | 810-534-0805  
Cell | 248-417-6917  
NMLS #| 984056  
*As a reminder, The State Bank will never ask for your personal account information via  
Welcome to The Better State! The State Bank has a new look - please click here  
to read more about our commitment to betterment.  
The information in this email is confidential and is intended solely for the addressee(s). Access to this  
email by anyone else is unauthorized. If you are not the intended recipient, you must not read, use  
or disseminate the information contained in this email. If you have received this email by mistake  
please notify the sender immediately and delete it from your system. Any views expressed in the  
message are those of the individual sender and do not necessarily represent the views of The State  
Bank. We accept no liability for any damage caused by any virus transmitted by this email. Please  
note that e-mails are susceptible to change and we shall not be responsible or liable for the proper  
and complete transmission of the information contained in this e-mail, any delay in its receipt or  
damage to your systems. We do not guarantee that the integrity of this e-mail has been maintained  
or that this e-mail is free of viruses, interception or interference.