House File 493 S-3207 Amend House File 493, as amended, passed, and 1 reprinted by the House, as follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < Section 1. NEW SECTION . 70A.27 Leave of absence 5 for charge of a crime —— civil penalty. 6 1. For the purposes of this section: 7 a. “Convicted” means convicted of an indictable 8 offense and includes a guilty plea or other finding of 9 guilt by a court of competent jurisdiction. 10 b. “Public employee” means any individual employed 11 by a public employer. “Public employee” includes heads 12 of executive branch agencies. 13 c. “Public employer” means the state, its boards, 14 commissions, agencies, and departments, and its 15 political subdivisions including school districts and 16 other special purpose districts. “Public employer” 17 includes the general assembly and the governor. 18 2. a. A public employee on a leave of absence 19 with full or partial compensation because the public 20 employee is charged, by indictment or information, 21 with the commission of a public offense classified as 22 a class “D” felony or greater offense shall pay to 23 the public employer employing the public employee a 24 civil penalty equal to the cash wages that the public 25 employee received during the period of the leave of 26 absence if the public employee is convicted of a public 27 offense classified as a class “D” felony or greater 28 offense. 29 b. A public employee shall pay to the public 30 employer employing the public employee a civil 31 penalty equal to any payments that the public employee 32 received pursuant to the terms of the public employee’s 33 employment contract that result from the termination 34 of the contract, if the termination was caused by the 35 employee being charged, by indictment or information, 36 with the commission of a public offense classified as a 37 class “D” felony or greater offense, and if the public 38 employee is convicted of a public offense classified as 39 a class “D” felony or greater offense. > 40 2. Title page, by striking lines 1 through 4 and 41 inserting < An Act requiring public employees charged 42 with a felony to pay a civil penalty equal to the cash 43 wages received during a paid leave of absence and any 44 contract termination payments if convicted. > 45 ______________________________ COMMITTEE ON EDUCATION HERMAN C. QUIRMBACH, CHAIRPERSON -1- HF493.2190 (4) 84 je/nh 1/ 1 #1. #2.