Maryland needs a cleanup of its archaic laws

Did you know it is illegal in Maryland for a minor to play on a pinball machine at a business that keeps one for public use (Md. Code Ann., Business Regulation §17-415), or even that pinball machines still must be licensed?

Every year, during the annual legislative session, almost all attention is on new laws being proposed. But there also needs to be some attention paid to repealing and updating old laws.

Old laws never die and usually can’t even be counted on to fade away. They just remain on the books long after their usefulness has passed.

This year, I and the other clerks of the Circuit Court in Maryland teamed with the Comptroller’s Office and other agencies to develop an update to the business license process. This update, Senate Bill SB0496, is being sponsored by state Sen. Pam Beidle in this legislative session. It is one of the few updates to the business licensing laws in the past 60 years. If passed, it will repeal four license types, delete about 20 pages of old laws, and both update and clarify antiquated requirements.

Most of the laws relating to state business licenses haven’t changed much since the 1950s. The license requirements for jukeboxes and billiards tables were repealed in 2016, which was a good start.

The current bill goes further, incorporating updates to allow the licensing process to move from paper to computer technology and proposing the repeal of four other licenses that are still on the books regarding pinball machines, farm machinery, plumbers and trading stamp issuers.

For pinball machines and other amusement devices, there were only five licenses issued in the entire state of Maryland in 2021, which brought in a total of $304 to the state treasury. The bill repeals the law against minors playing on a pinball machine and will end the requirement for businesses to license their pinball machine with the state or face a fine of up to $500 per violation.

For farm machinery dealers there were only two licenses issued in the state in 2021, which brought in a total of $254. The bill will eliminate the need for businesses that sell merchandise under a trader’s license to have an additional state license if they also sell farm machinery.

For plumbers and gas fitters, there were 324 licenses issued in the state in 2021, which brought in a total of $6,206. Plumbers are the only licensees required to have both a professional license and business license for the same occupation.

Under this bill, a plumber would still be required to have a professional plumber’s license but no longer would be required to have an additional business license. This brings them in line with the other occupations that require a professional license but not an additional state business license.

For trading stamp issuers, no license has been issued anywhere in the state since the 1980s. Your parents or grandparents may remember receiving S&H Green

Stamps at grocery stores, which could then be collected in books and redeemed for prizes. Today, most stores have their own frequent shopper rewards programs, and the last trading stamp companies went out of business a long time ago.

I should also mention that there were some business licenses that weren’t updated in the current bill, such as the license for one-horse and two-horse peddlers. There are still a few plying their trade in downtown Baltimore. So, for historical reasons, representatives from Baltimore asked that these specialized licenses not be phased out at this time.

Not every old law needs to change, but I would urge legislators to review them on a more regular basis. Who knows what else is still on the books?