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SB 405

Relating to conforming estate tax to federal basic exclusion amount; prescribing an effective date.

2025 Regular Session Introduced by Dick Anderson and 1 co-sponsor

SB 405 excludes school boards from the government agency definition in the Opioid Antagonists Act, shifting school liability and administration rules to the school code.

In committee upon adjournment.
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Bill Summary · SB 405

Michigan — SB 405 (2025) — Summary

Status: Introduced June 11, 2025 (Sen. Darrin Camilleri). Referred to Senate Health Policy. Tie‑barred with SB 404 (must be enacted together). Note: SB 405 amends the Administration of Opioid Antagonists Act (2019 PA 39; MCL 15.671 / Sec. 101).

Purpose / Intent

SB 405 narrows the statutory definition of “governmental agency” in the Administration of Opioid Antagonists Act by explicitly excluding school governing boards (the board of a school district or intermediate school district and the board of directors of a public school academy). The change is intended to clarify how school boards are treated under the Act and to coordinate those responsibilities and liability rules with parallel provisions in school law (as addressed in SB 404).

Key provision

  • Amends Section 101 (definitions) of the Administration of Opioid Antagonists Act to state that “governmental agency”:
    • Means the State or a political subdivision, but
    • Does NOT include: (i) persons licensed under Part 209 of the Public Health Code; and (ii) the board of a school district or intermediate school district (ISD) or the board of directors of a public school academy (PSA).

Because the Administration of Opioid Antagonists Act currently authorizes governmental agencies to purchase, possess, and distribute opioid antagonists (e.g., naloxone) and provides civil/criminal liability protections for good‑faith possession/administration, excluding school boards from “governmental agency” alters which entities are covered by those statutory powers and liability shields.

Who is affected

  • Directly: boards of school districts, intermediate school districts, and boards of directors of public school academies in Michigan.
  • Indirectly: local school districts, ISDs, PSAs, school employees/volunteers, the Michigan Department of Health and Human Services (DHHS) (in distribution/assistance roles), and legal/liability exposures for school governing bodies.
  • Note: SB 404 (tie‑bar) establishes school‑specific duties — training, school policy requirements, and employee immunity for administering opioid antagonists — so practical effects depend on passage of both bills together.

Fiscal and practical impacts

  • Committee analyses estimate a minor, indeterminate fiscal impact for DHHS (initial costs to supply naloxone if DHHS chooses to do so) and small, indeterminate administrative costs for districts/ISDs/PSAs to train at least one employee per school.
  • SB 404 contains a direct requirement for training and policy development and includes an immunity clause protecting school employees who administer naloxone in good faith; SB 405’s exclusion of boards from the Administration Act appears intended to ensure liability and program rules for schools are governed under the Revised School Code rather than the Administration Act.

Procedural / timing notes

  • SB 405 is tie‑barred to SB 404; the bills must be enacted together for their intended, coordinated effect.
  • The bill’s enactment/operational effect will therefore depend on SB 404’s legislative progress and any enacted effective dates specified in the final law.

If you want, I can: (1) extract and compare the exact current statute language and the proposed redline; (2) map how SB 404 and SB 405 interact line‑by‑line; or (3) prepare a one‑page briefing for school administrators on likely operational changes if both bills become law.

Compiled from official sources — confirm details with the bill’s official record.

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