Authorizes a law enforcement agency to require applicants for certain positions of employment to make certain attestations as a condition precedent to employment. (BDR 23-1061)

A.B. 400

- *AB400*

ASSEMBLY BILL NO. 400–ASSEMBLYMEMBER YUREK

MARCH 11, 2025
____________

Referred to Committee on Judiciary

SUMMARY—Authorizes a law enforcement agency to require
applicants for certain positions of employment to
make certain attestations as a condition precedent to
employment. (BDR 23-1061)

FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.

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

AN ACT relating to peace officers; authorizing a law enforcement
agency to require applicants for certain positions of
employment to make certain attestations concerning
cannabis as a condition precedent to employment ; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law prohibits a law enforcement agency from requiring a peace officer 1
to provide an oral or written attestation conce rning any use of cannabis by the 2
peace officer that occurred at any time before the peace officer submitted his or her 3
application for employment with the law enforcement agency as a condition 4
precedent to employment as a peace officer. (NRS 289.030) This bill authorizes a 5
law enforcement agency to require an applicant seeking a position of employment 6
for which the applicant would be authorized or required to possess or carry a 7
firearm to provide such an attestation concerning any use of cannabis by the 8
applicant that occurred in the 12 months immediately preceding the date on which 9
the applicant submitted his or her application for employment. 10

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

Section 1. NRS 289.030 is hereby amended to read as follows: 1
289.030 1. A law enforcement agency shall not require a ny 2
peace officer to: 3
(a) Disclose the peace officer’s assets, debts, sources of income 4
or other financial information or make such a disclosure a condition 5

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- *AB400*
precedent to a promotion, job assignment or other personnel action 1
unless that information is necessary to: 2
(1) Determine the peace officer’s credentials for transfer to a 3
specialized unit; 4
(2) Prevent any conflict of interest which may result in any 5
new assignment; or 6
(3) Determine whether the peace officer is engaged in 7
unlawful activity. 8
(b) [Provide] Except as otherwise provided by subsection 2, 9
provide an oral or written attestation concerning any use of cannabis 10
by the peace officer that occurred before the peace officer submitted 11
his or her application for employment with the law enforcement 12
agency as a condition precedent to employment with the agency as a 13
peace officer. 14
2. A law enforcement agency may require an applicant 15
seeking a position of employment for which the applicant would be 16
authorized or required to possess or carry a firearm to provide an 17
oral or written attestation concerning any use of cannabis by the 18
applicant that occurred in the 12 months immediately preceding 19
the date on whic h the applicant submitted his or her application 20
for employment with the law enforcement agency as a condition 21
precedent to employment with the agency as a peace officer. 22
3. Nothing in this section shall be construed to prohibit a law 23
enforcement agency from: 24
(a) Requiring a peace officer to provide an oral or written 25
attestation concerning any use of cannabis by the peace officer that 26
has occurred after the submission of his or her application for 27
employment with the law enforcement agency as a conditio n 28
precedent to employment with the agency as a peace officer; or 29
(b) Adopting a policy that requires a peace officer to submit to a 30
screening test as: 31
(1) A condition precedent to employment; or 32
(2) A condition for continued employment. 33
[3.] 4. As used in this section, “use of cannabis” includes the 34
adult use of cannabis and the medical use of cannabis. 35

H