HB 6043 MI

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Act No. 33 Public Acts of 2026 Approved by the Governor July 21, 2026 Filed with the Secretary of State July 22, 2026 EFFECTIVE DATE: July 22, 2026 state of michigan 103rd Legislature Regular session of 2026 Introduced by Rep. VanWoerkom ENROLLED HOUSE BILL No. 6043 AN ACT to amend 1973 PA 116, entitled �An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,� (MCL 722.111 to 722.128) by adding sections 6b and 6c. The People of the State of Michigan enact: Sec. 6b. (1) The Tri-Share child care program is established in the department of lifelong education, advancement, and potential for the continuation of the child care pilot project originally initiated and funded under section 1047(31) of article 5 of 2020 PA 166. The department of lifelong education, advancement, and potential shall establish eligibility criteria for participation in the program. An employer may participate in the program if the employer covers at least 1/3 of the costs of an employee�s child care costs. Notwithstanding this subsection, an employer may elect to contribute more than 1/3 of the costs of an employee�s child care cost, up to and including the full costs of an employee�s child care costs. (2) The Tri-Share child care fund is created within the state treasury. (3) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments. (4) Money in the fund at the close of the fiscal year must remain in the fund and not lapse to the general fund. (5) The department of lifelong education, advancement, and potential is the administrator of the fund for auditing purposes. (6) The department of lifelong education, advancement, and potential shall expend money from the fund, on appropriation, to do both of the following: (a) Administer the program established under subsection (1). (b) Fund child care facilitator hubs. (7) If a child care facilitator hub is established on or after October 1, 2026, the hub must be a nonprofit organization, limited liability company, C-corporation, S-corporation, or sole proprietor. (8) This section must not be construed to require any employer to contribute to the cost of child care for its employees. (9) As used in this section and section 6c: (a) �Fund� means the Tri-Share child care fund created in subsection (2). (b) �Program� means the Tri-Share child care program established in subsection (1).

Sec. 6c. (1) The CareShare arrangement is established as a voluntary employer�employee cost-sharing arrangement for qualified child care expenses in which the employer contributes not less than 1/3 of the qualified child care expense for the enrolled child, and the employee pays the balance. The department administers the CareShare arrangement but state subsidy is not provided under the CareShare arrangement. (2) An employer that has applied to participate in the program but has been placed on a wait list because of funding limitations may elect to participate in the CareShare arrangement if the employer remains on the wait list for the program. The employer is subject to the same administrative requirements as an employer that participates in the program, but state subsidy must not be provided under the CareShare arrangement. (3) Before a CareShare arrangement is finalized, the department shall establish a process for determining whether an employee is eligible for existing state child care subsidies. Employers shall notify employees of this requirement and collect confirmation from the employee or directly from the department before commencing the CareShare arrangement cost-sharing. (4) This state shall not provide subsidy under a CareShare arrangement. (5) The department shall promulgate rules to ensure a CareShare arrangement is structured, documented, and reported in a manner that is consistent with the program. Employer participation in the CareShare arrangement must be offered on a uniform basis to all eligible employees. An employer shall not condition participation on union membership status, collective bargaining status, seniority, hours worked, or other nonuniform employment criteria, except as otherwise required by federal or state law. (6) A child care arrangement may not receive a CareShare arrangement contribution and a state subsidy. (7) An employer shall not discharge, discipline, refuse to hire, or otherwise retaliate against an employee for requesting to participate or participating in a CareShare arrangement. An employee who alleges a violation of this subsection may file a complaint with the department of lifelong education, advancement, and potential within 180 days after a discharge, discipline, refusal to hire, or retaliation in violation of this subsection. After notice and opportunity to respond, the department of lifelong education, advancement, and potential may order make-whole relief including reinstatement and lost wages and may assess a civil fine of not more than $1,000.00 per violation. A party aggrieved by a final order of the department may seek judicial review as provided under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. (8) The department shall submit an annual public report to the governor and the chairs of the standing committees of the senate and house of representatives with jurisdiction over child care and appropriations. The report must include all of the following information: (a) The number of employers, employees, and children participating in the CareShare arrangement. (b) The average employer and employee contributions. (c) Provider participation. (d) The department�s administrative costs. (9) This section must not be construed to expand state subsidy obligations beyond those provided under the Tri-Share child care program. This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate Approved___________________________________________

____________________________________________________ Governor