Assembly Bill No. 1-Assemblyman Segerblom

Prefiled on December 16, 1996
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Referred to Committee on Labor and Management

SUMMARY--Revises provisions governing appeals from final judgments in actions for age discrimination in employment. (BDR 53-145)

FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to unfair employment practices; revising the provisions governing appeals from final judgments in actions for age discrimination in employment; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1 Chapter 613 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The supreme court shall, with regard to an appeal from a final judgment in an action for age discrimination in employment brought pursuant to NRS 613.420 or 29 U.S.C. §§ 621-634, provide by rule for the filing of briefs within 6 months after the date of entry of the judgment. The supreme court for good cause shown may grant an extension of time for the filing of such briefs.
2. Unless good cause is shown for a later hearing, the supreme court shall, with regard to an appeal to which subsection 1 applies, set the appeal for argument on a date within 60 days after the expiration of the period for filing briefs.
Sec. 2. NRS 613.310 is hereby amended to read as follows:
613.310 As used in NRS 613.310 to 613.430, inclusive, and section 1 of this act, unless the context otherwise requires:
1. "Disability" means, with respect to a person:
(a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;
(b) A record of such an impairment; or
(c) Being regarded as having such an impairment.
2. "Employer" means any person who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, but does not include:
(a) The United States or any corporation wholly owned by the United States.
(b) Any Indian tribe.
(c) Any private membership club exempt from taxation [under] pursuant to section 501(c) of the Internal Revenue Code of 1954.
3. "Employment agency" means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer, but does not include any agency of the United States.
4. "Labor organization" means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of employment.
5. "Person" includes the State of Nevada and any of its political subdivisions.

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