HOUSE BILL NO. 5060

A bill to require certain establishments to hire bouncers only with certain training; to require the promulgation of rules; and to provide remedies.

the people of the state of michigan enact:

Sec. 1. This act may be cited as the "Joshua Conant act".

Sec. 2. As used in this act:

(a) "Bouncer" means an individual who is hired to provide unlicensed security services at an establishment.

(b) "Establishment" means a business that is licensed to sell alcohol in this state, including, but not limited to, a nightclub, bar, or restaurant.

(c) "Positional asphyxiation" means a form of mechanical asphyxia that occurs when an individual is immobilized in a position that impairs adequate pulmonary ventilation and results in a respiratory failure.

Sec. 3. An owner of an establishment shall not employ a bouncer or any individual whose job description includes the possible restraint of another individual unless the bouncer or individual has completed positional asphyxiation training as prescribed by rule.

Sec. 5. The Michigan commission on law enforcement standards shall promulgate rules regarding training described in section 3 under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.238.

Sec. 7. An owner of an establishment that violates this act is subject to chapter 9 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1901 to 436.1925.

Enacting section 1. This act does not take effect unless House Bill No. 5061 (request no. H04136'25) of the 103rd Legislature is enacted into law.