Children: child care; tri-share child care program and fund; establish, the official text

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