Senate Passes Bill on Reporting Child Abuse

By Annapolis Digest
Saturday, February 23, 2008

The Maryland Senate voted 35 to 10 yesterday to make it a misdemeanor for teachers, nurses, police officers and other professionals to fail to report suspicions of child abuse to authorities.

Passage of the bill came after several pleas from opponents who said they sympathized with the aim of the bill but that it places too heavy a burden on those required to report abuse, particularly teachers.

"That's not what we want to do to our professionals," said Sen. Robert A. Zirkin (D-Baltimore County). "They're not criminals when they miss something."

Supporters said the bill was hardly groundbreaking and would impose a more lenient penalty -- a maximum fine of $1,000 -- than most states do.

"It isn't overreaching," said Sen. Brian E. Frosh (D-Montgomery), chairman of the Judicial Proceedings Committee. "The point of this bill is to stop child abuse and stop the injuries to the kid."

Forty-five states, including Virginia, and the District impose penalties on workers who fail to report suspicions of child abuse or neglect, legislative analysts said. In 38 of those jurisdictions, violators would be guilty of a misdemeanor and face jail terms of 10 days to five years and fines of as much as $5,000.

Several senators said they had heard concerns from constituents about the bill in recent days, as it garnered attention in the news media.

"Teachers are required to do so much nowadays in terms of their responsibility," said Senate President Pro Tem Nathaniel J. McFadden (D-Baltimore). "The cure goes a bit too far."

A similar bill has been introduced in the House of Delegates and is scheduled for a hearing next month.

-- John Wagner

AAA Bond Rating Holds Up

Maryland has maintained its coveted AAA bond rating from the three major rating agencies despite concerns about the state's budget outlook.

The ratings were announced yesterday by State Treasurer Nancy K. Kopp (D) in advance of a $400 million bond sale next week. Maryland is one of seven states to maintain a AAA rating from all three agencies.

One of those agencies, Moody's Investors Service, said Maryland's credit outlook is stable but that "the state faces significant budget pressure that will test the state's financial management abilities, especially should a trend of revenue weakening continue."

The assessment comes after a special session last fall in which lawmakers raised $1.4 billion a year in taxes and directed Gov. Martin O'Malley (D) to cut more than $500 million from next year's budget.

Among the risks noted by Moody's is a reliance in future years on revenue from slot machine gambling. The state's projected proceeds "may be overly optimistic," Moody's said, and the legalization of slots is subject to voter approval in a November referendum.

In a statement, Kopp said the AAA ratings reflected positively on the work done in the special session and are "a clear signal that bond rating agencies and investors believe that Maryland's financial management is prudent and strong."

-- John Wagner

House Assails Profiteering

The House of Delegates voted unanimously yesterday to make it a crime to use the name or picture of a dead military service member in a for-profit enterprise without permission from the service member's relatives.

Violators would be guilty of a misdemeanor punishable by up to one year in jail and a maximum fine of $2,500. News agencies that report on the deaths of service members, as well as politicians and artists, would be exempt from the law.

The Fallen Soldier Privacy Act was introduced by Del. Nicholaus R. Kipke (R-Anne Arundel) after the death in combat of Army Pfc. Eric M. Kavanagh, 20, of Severna Park in 2006. Kavanagh was posthumously awarded a Purple Heart and a Bronze Star Medal for his service in Iraq. His family objects that his name and those of other troops killed in Iraq have been used on T-shirts and other items for sale.

The bill passed the House 136 to 0 and now goes to the Senate for consideration. Several states, including Arizona, Louisiana, Oklahoma and Texas, have similar statutes.

-- Philip Rucker