Senate takes step to protect dependent adults

DES MOINES -- New criminal penalties could be imposed for caretakers who knowingly or intentionally abuse a dependent adult under legislation approved by the Senate Wednesday.

Sen. Pam Jochum, D-Dubuque, said Senate File 438, which won passage by a 50-0 margin, would cover situations where no physical injury occurred but intentional action could be deemed as abusive.

Jochum used the recent situation involving an Atalissa bunkhouse operated by Henry's Turkey Service as an illustration where dependent residents were living in a situation where doors to their residence were padlocked shut. While no one was physically injured, the action could have caused a severe problem had a fire broken out, she said.

 “We know that was intentional, it was knowing, and it was wrong,” Jochum said.

The proposed legislation also would apply to situations where a dependent adult with “borderline intelligence” was sexually abused but not physically injured.

“The changes we're making today would allow serious misdemeanor charges to be filed by our county attorneys when those kind of abuse occur,” she said. Conviction of a serious misdemeanor is punishable by one year in prison and a fine between $315 and $1,875.

In other action Wednesday, Iowans could win up to $50 in prizes or merchandise when playing electronic or mechanical amusement devices at bars and taverns under legislation that gained Senate approval.

Senators voted 44-6 to increase the current $5 prize limit to put bar owners on the even keel with businesses like Chuckie Cheese restaurants that allow players to redeem tickets for prizes valued at up to $50.

“It will help small businesses and I just think it's fair,” said Sen. Bill Dotzler, D-Waterloo.

Also, senators voted 26-24 to require about 1,600 pollutant discharge permit holders, such as cities or businesses, to post legible signs where potential pollutants flow into surface waters.

Backers said Senate File 263 would alert recreational users to possible discharges, while opponents called placement of the signs unnecessary and a new costly requirement. A fiscal note estimated one full-time person would have to be hired in fiscal 2010 to monitor the program and the signs could cost from $10 to $25 each.

“We're going to create one more full-time position to be the sign police,” said Sen. Brad Zaun, R-Urbandale. “We've become out of touch with what's going on in the business world.”

However, Sen. Rob Hogg, D-Cedar Rapids, said the measure would raise public awareness about Iowa's impaired waters and ensure that point sources are not violating their permits.