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A.B. 400
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*AB400*
ASSEMBLY BILL NO. 400–ASSEMBLYMEMBER YUREK
MARCH 11, 2025
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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
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to provide an oral or written attestation concerning any use of cannabis by the
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peace officer that occurred at any time before the peace officer submitted his or her
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application for employment with the law enforcement agency as a condition
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precedent to employment as a peace officer. (NRS 289.030) This bill authorizes a
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law enforcement agency to require an applicant seeking a position of employment
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for which the applicant would be authorized or required to possess or carry a
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firearm to provide such an attestation concerning any use of cannabis by the
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applicant that occurred in the 12 months immediately preceding the date on which
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the applicant submitted his or her application for employment.
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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:
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289.030 1. A law enforcement agency shall not require any
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peace officer to:
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(a) Disclose the peace officer’s assets, debts, sources of income
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or other financial information or make such a disclosure a condition
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*AB400*
precedent to a promotion, job assignment or other personnel action
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unless that information is necessary to:
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(1) Determine the peace officer’s credentials for transfer to a
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specialized unit;
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(2) Prevent any conflict of interest which may result in any
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new assignment; or
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(3) Determine whether the peace officer is engaged in
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unlawful activity.
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(b) [Provide] Except as otherwise provided by subsection 2,
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provide an oral or written attestation concerning any use of cannabis
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by the peace officer that occurred before the peace officer submitted
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his or her application for employment with the law enforcement
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agency as a condition precedent to employment with the agency as a
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peace officer.
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2. A law enforcement agency may require an applicant
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seeking a position of employment for which the applicant would be
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authorized or required to possess or carry a firearm to provide an
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oral or written attestation concerning any use of cannabis by the
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applicant that occurred in the 12 months immediately preceding
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the date on which the applicant submitted his or her application
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for employment with the law enforcement agency as a condition
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precedent to employment with the agency as a peace officer.
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3. Nothing in this section shall be construed to prohibit a law
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enforcement agency from:
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(a) Requiring a peace officer to provide an oral or written
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attestation concerning any use of cannabis by the peace officer that
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has occurred after the submission of his or her application for
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employment with the law enforcement agency as a condition
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precedent to employment with the agency as a peace officer; or
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(b) Adopting a policy that requires a peace officer to submit to a
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screening test as:
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(1) A condition precedent to employment; or
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(2) A condition for continued employment.
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[3.] 4. As used in this section, “use of cannabis” includes the
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adult use of cannabis and the medical use of cannabis.
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