part 1

line-item appropriations

Sec. 101. There is appropriated for the department of lifelong education, advancement, and potential for the fiscal year ending September 30, 2026, from the following funds:

DEPARTMENT OF LIFELONG EDUCATION, ADVANCEMENT, AND POTENTIAL
APPROPRIATION SUMMARY

Full-time equated unclassified positions	6.0
Full-time equated classified positions	275.0
GROSS APPROPRIATION		$	640,469,100
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers			0
ADJUSTED GROSS APPROPRIATION		$	640,469,100
Federal revenues:
Total federal revenues			455,475,800
Special revenue funds:
Total private revenues			250,000
Total other state restricted revenues			1,863,900
State general fund/general purpose		$	182,879,400
Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT
Full-time equated unclassified positions	6.0
Full-time equated classified positions	15.0
Unclassified salaries--FTEs	6.0	$	500,000
Executive direction and operations--FTEs	15.0		3,765,600
Property management			254,500
GROSS APPROPRIATION		$	4,520,100
Appropriated from:
Federal revenues:
Federal revenues			1,004,500
State general fund/general purpose		$	3,515,600
Sec. 103. INFORMATION TECHNOLOGY
Information technology services and projects		$	848,900
GROSS APPROPRIATION		$	848,900

Appropriated from:
Federal revenues:
Federal revenues			222,500
State general fund/general purpose		$	626,400
Sec. 104. OFFICE OF EARLY CHILDHOOD EDUCATION
Full-time equated classified positions	214.0
Child care licensing and regulation--FTEs	144.0	$	24,803,500
Child development and care contracted services			22,900,000
Child development and care external support			11,028,100
Child development and care public assistance			543,312,000
Head start collaboration office--FTE	1.0		425,100
Office of great start operations--FTEs	69.0		17,322,400
Tri-share child care program			3,400,000
GROSS APPROPRIATION		$	623,191,100
Appropriated from:
Federal revenues:
Federal revenues			454,248,800
Special revenue funds:
Private foundations			250,000
Certification fees			64,600
Child care home and center licenses fund			501,700
State general fund/general purpose		$	168,126,000
Sec. 105. OFFICE OF EDUCATION PARTNERSHIPS
Full-time equated classified positions	15.0
Before- and after-school administration--FTEs	2.0	$	366,500
Camp licensing unit--FTEs	7.0		700,300
Family and community engagement--FTEs	6.0		1,062,500
GROSS APPROPRIATION		$	2,129,300

Appropriated from:
Special revenue funds:
Adult foster care facilities licenses fund			42,900
State general fund/general purpose		$	2,086,400
Sec. 106. OFFICE OF HIGHER EDUCATION
Full-time equated classified positions	31.0
Dual enrollment payments		$	3,500,000
Michigan Indian tuition waiver--FTE	1.0		157,000
Student financial assistance programs--FTEs	30.0		6,122,700
GROSS APPROPRIATION		$	9,779,700
Appropriated from:
Special revenue funds:
Michigan merit award trust fund			1,254,700
State general fund/general purpose		$	8,525,000

part 2

provisions concerning appropriations

for fiscal year 2025-2026

general sections

Sec. 201. In accordance with section 30 of article IX of the state constitution of 1963, for the fiscal year ending September 30, 2026, total state spending under part 1 from state sources is $184,743,300.00 and total state spending under part 1 from state sources to be paid to local units of government is $0.00.

Sec. 202. The appropriations under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

Sec. 203. As used in this part and part 1:

(a) "Department" means the department of lifelong education,

advancement, and potential.

(b) "DHHS" means the Michigan department of health and human services.

(d) "FTE" means full-time equated position in the classified service of this state.

(e) "IDG" means interdepartmental grant.

(f) "Standard report recipients" means the senate and house appropriations subcommittee on the department, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office.

Sec. 204. The department shall use the internet to fulfill the reporting requirements of this part. This requirement includes transmitting reports to the standard report recipients and any other required recipients by email and posting the reports on an internet site.

Sec. 205. To the extent permissible under section 261 of the management and budget act, 1984 PA 431, MCL 18.1261, all of the following apply to the expenditure of funds appropriated in part 1:

(a) The funds must not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available.

(b) Preference must be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality.

(c) Preference must be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of

comparable quality.

Sec. 206. The department shall not take disciplinary action against an employee of the department for communicating with a member of the legislature or legislative staff, unless the communication is prohibited by law and the department is exercising its authority as provided by law.

Sec. 207. Consistent with section 217 of the management and budget act, 1984 PA 431, MCL 18.1217, the department shall prepare a report on out-of-state travel expenses not later than January 1. The report must list all travel outside this state by classified and unclassified employees in the previous fiscal year that was funded in whole or in part with funds appropriated in the department's budget. The department shall submit the report to the standard report recipients and to the senate and house appropriations committees. The report must include all of the following information:

(a) The dates of each travel occurrence.

(b) The total transportation and related costs of each travel occurrence and the proportions funded with state general fund/general purpose revenues, state restricted revenues, federal revenues, local revenues, and private revenues, including specific sources of state restricted, federal, local, and private revenues.

Sec. 208. The department shall not use funds appropriated in part 1 to hire a person to provide legal services that are the responsibility of the attorney general. This section does not apply to legal services for bonding activities or to outside legal services that the attorney general authorizes.

Sec. 209. Not later than December 15, the state budget office shall prepare and submit a report that provides estimates of the

total general fund/general purpose appropriation lapses at the close of the previous fiscal year. The report must summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program area. The state budget office shall submit the report to the standard report recipients and to the chairpersons of the senate and house appropriations committees.

Sec. 210. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $10,000,000.00 for federal contingency authorization. Amounts appropriated under this subsection are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $500,000.00 for state restricted contingency authorization. Amounts appropriated under this subsection are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $350,000.00 for local contingency authorization. Amounts appropriated under this subsection are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for private contingency authorization. Amounts appropriated under this subsection are not available for expenditure until they have been

transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

Sec. 211. (1) The department shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for the department:

(a) Fiscal year-to-date expenditures by category.

(b) Fiscal year-to-date expenditures by appropriation unit.

(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.

(2) The department shall cooperate with the department of technology, management, and budget to update the searchable website on a quarterly basis.

Sec. 212. Not later than 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the previous 2 fiscal years. The report must be submitted to the standard report recipients and to the chairpersons of the senate and house appropriations committees.

Sec. 216. On a quarterly basis, the department shall report on the number of full-time equated positions in pay status by civil service classification, including a comparison by line item of the number of full-time equated positions authorized from funds appropriated in part 1 to the actual number of full-time equated positions employed by the department at the end of the reporting

period. The report must be submitted to the senate and house appropriations committees and to the standard report recipients.

Sec. 217. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated under part 1, the legislature may, by a concurrent resolution adopted by a majority of the members elected to and serving in each house, inter-transfer funds within part 1 for the particular department, board, commission, officer, or institution.

Sec. 218. The department shall submit a quarterly report that summarizes all work project accounts. The report must include all of the following:

(a) A list of all work project accounts.

(b) The status of all work project accounts including amounts expended, amounts encumbered, and available balances for each account.

(c) The amount of funds that lapsed from any previously designated work project accounts, the name and description of the work project account, and the funds that received the lapsed amounts.

Sec. 219. The department shall receive and retain copies of all reports funded from appropriations in part 1. The department shall follow federal and state law and guidelines for short-term and long-term retention of records. The department may electronically retain copies of reports unless otherwise required by federal and state guidelines.

Sec. 220. Not later than April 1, the department shall report on each specific policy change made to implement a public act affecting the department that took effect during the previous calendar year. The report must include reference to the public act

that necessitates the policy change. The department shall submit the report to the standard report recipients, to the senate and house appropriations committees, and to the joint committee on administrative rules.

Sec. 222. To the extent possible, the department shall not expend appropriations under part 1 until all existing authorized work project funds available for the same purposes are exhausted.

Sec. 224. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2026 are estimated at $5,536,600.00. From this amount, total department appropriations for pension-related legacy costs are estimated at $4,993,700.00. Total department appropriations for retiree health care legacy costs are estimated at $542,900.00.

Sec. 225. (1) From the funds appropriated in part 1, the department shall do the following:

(a) Report to the standard report recipients and to the senate and house appropriations committees any amounts of severance pay for a department director, deputy director, or other high-ranking department official not later than 14 days after a severance agreement with the director, deputy director, or official is signed. The name of the director, deputy director, or official and the amount of severance pay must be included in the report required by this subdivision.

(b) Not later than February 1, report on the total amount of severance pay remitted to former department employees during the prior fiscal year and the total number of former department employees that were remitted severance pay during the prior fiscal year.

(2) As used in this section, "severance pay" means

compensation to which both of the following apply:

(a) The compensation is payable or paid upon the termination of employment.

(b) The compensation is paid in addition to wages or benefits earned during the course of employment or generally applicable retirement benefits.

Sec. 226. (1) The department shall maximize the efficiency of the state workforce. The department shall prioritize employees working in person 5 days per week for each division within the department. Employees with job responsibilities that require the employees to serve in their capacities outside of the office must report to the office before beginning fieldwork. Field service employees include, but are not limited to, protective services workers, parole and probation officers, conservation officers, state troopers assigned to road patrol, inspectors, and construction and trade workers.

(2) The department shall establish a policy and process for verifying that all employees are working their jobs during normal business hours.

Sec. 227. (1) Funds appropriated in part 1 that are used for grants or grant programs are subject to the following conditions:

(a) Grant funds must be provided only to an entity that has been established or is operating in this state or another state for at least 36 months before approval or disbursement of grant funds.

(b) Grant funds must be provided only to an entity that has had an office within this state or in the service area covered under the grant for at least 12 months before approval or disbursement of grant funds.

recipients must provide a spending plan that specifies the scope of service, the program goals, the measurement for meeting program goals, and how all grant funds will be used and must indicate if any grant funds will be provided to a third party or subrecipient.

(d) Up to 20% of grant funds may be spent on administrative costs and salaries. Up to 10% is authorized for contingencies.

(e) Each department or agency responsible for awarding or disbursing grant funds must annually audit the entity's use of the grant funds for each fiscal year in which the grant is active. Each entity must submit information requested by the department to confirm compliance.

(f) Each department and agency shall work with the office of the auditor general to conduct an audit of the grant according to generally accepted accounting practices and audit standards. The office of the auditor general must be given access to all internal and external records. All contracts or agreements between a department or agency and a grant recipient or between a grant recipient and a third party must include a clause granting the office of the auditor general access to all internal and external records.

(g) Grant recipients and their immediate family members are prohibited from being employed by the executive branch or legislative branch of this state. In addition, grant recipients are prohibited from serving on any state board that has direct or indirect responsibility for approving or auditing grant funds awarded or disbursed by any department or agency.

(h) Full and complete audits of grant funds issued by the department or an agency of this state, without redaction unless required by law, must be posted to the department's website in a

conspicuous place for public review.

(2) On a quarterly basis, the department shall submit a report to the standard report recipients on legislatively sponsored grant funds that includes, but is not limited to, all of the following:

(a) The name of each grant recipient and the status of each grant.

(b) The amount distributed to each grant recipient.

(d) Any changes to scope or costs of program.

(3) The report under subsection (2) must include the following statements made by the department:

(a) A statement that confirms the department reviewed and affirmed compliance by each grant recipient to program scope and expenditure of grant funding.

(b) A statement that confirms the department reviewed applicable program reports and requests for reimbursement.

Sec. 228. (1) The department shall require as a condition of each contract or subcontract that the prequalified contractor or prequalified subcontractor agree to use the E-Verify system to verify that all persons hired during the contract term by the contractor or subcontractor are legally present and authorized to work in the United States.

(2) The department may verify this information directly or may require contractors and subcontractors to verify the information and submit a certification to the department. The department shall submit a report to the standard report recipients not later than March 1 that describes the processes it has developed and implemented under this section.

(3) The department shall not contract with any foreign entities that are known or suspected to be enemies of the United States or known foreign adversaries.

(4) As used in this section, "E-Verify" means an internet-based system operated by the Department of Homeland Security, U.S. Citizenship and Immigration Services in partnership with the Social Security Administration.

Sec. 229. Funds appropriated in part 1 from state or federal sources are prohibited from being used to provide services, grants, or programming to an individual who is not a citizen of the United States, unless the individual is a qualified alien as that term is defined in 8 USC 1641. This section does not prohibit the department, political subdivision, state university, or other state agency from expending funds for the purpose of detaining individuals who are not citizens of the United States, including any costs associated with housing such individuals in county jails or state correctional facilities.

Sec. 230. (1) The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and updates on a quarterly basis key metrics that are used to monitor and improve the department's performance.

(2) The department shall notify the standard report recipients when the quarterly updates to the department scorecard are available on a publicly accessible website.

Sec. 231. (1) Unless specifically authorized elsewhere in this part or part 1, funds appropriated in part 1 must not be used to pay for a state obligation that exceeds $200,000.00 for a court-approved judgment, settlement, award, or claim.

(2) If a state obligation for a court-approved judgment,

settlement, award, or claim results in a change from current statute, the department shall notify the legislature.

(3) This section does not apply to compensation and other relief to individuals wrongfully imprisoned as required under the wrongful imprisonment compensation act, 2016 PA 343, MCL 691.1751 to 691.1757.

Sec. 232. Not later than November 15, the department shall disclose on a publicly accessible website private and other third-party funds received by the department in the previous fiscal year. The report must include the amount and source of funding received, the purpose for which funding was expended, and the amount of any remaining funds. The report must be submitted to the standard report recipients and to the chairpersons of the senate and house appropriations committees.

Sec. 233. State funds must not be used for diversity, equity, and inclusion, or DEI initiatives or programs or as outlined in Exec. Order No. 14151, 90 Fed. Reg. 8339 (Jan. 29, 2025) "Ending Radical and Wasteful Government DEI Programs and Preferencing", Exec. Order No. 14168, "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government", or Exec. Order No. 14173, 90 Fed. Reg. 8633 (Jan. 31, 2025) "Ending Illegal Discrimination and Restoring Merit-Based Opportunity".

DEPARTMENT-SPECIFIC GENERAL SECTIONS

Sec. 301. (1) Money appropriated in part 1 must not be used to purchase business cards or letterhead that lists pronouns or to purchase or operate technology, including email systems, that is used to list pronouns. The department is subject to a civil fine of

$100.00 for each violation of this section.

(2) Any taxpayer of this state has standing to bring an action in the court of claims to enforce this section and, if the taxpayer prevails, is entitled to receive from the department his or her costs incurred in bringing the action.

OFFICE OF EDUCATION PARTNERSHIPS

Sec. 401. From the funds appropriated in part 1 for family and community engagement, the department shall, at a minimum, do all of the following:

(a) Establish or partner with family engagement centers across this state to increase parent and guardian involvement in their child's education.

(b) Ensure translation and interpretation services are available and implemented pursuant to department guidance.

(c) Partner with intermediate school districts to assist in getting information and resources to their constituent districts.

(d) Develop an early literacy engagement plan to help parents or guardians become involved in their child's education.

OFFICE OF HIGHER EDUCATION

Sec. 701. (1) From the funds appropriated in part 1, in addition to other statutorily required duties, the department shall do all of the following:

(a) Review and evaluate all state financial aid programs. The department shall prioritize improving postsecondary educational outcomes, including student completion rates, and improving affordability of postsecondary programs in this state.

(b) Serve as the coordinating office for all agencies of the

executive branch of government that are responsible for financial aid programs administered by this state.

(c) Survey stakeholders, including public, tribal, and private not-for-profit colleges and universities, state departments and agencies, and statewide postsecondary education associations on student financial aid policy to improve this state's administration of programs.

(d) Collaborate with the center for educational performance and information and individual colleges and universities to ensure streamlined and coordinated collection of data analyzing the following:

(i) Postsecondary education costs, including a comparison to national and regional averages.

(ii) Student enrollment.

(iii) Degree completion.

(e) Provide access to higher education institutional data inventory on an accessible, public facing dashboard to assist students, prospective students, and their families in making decisions on postsecondary education.

(f) Coordinate with other state agencies and school districts to increase utilization and awareness of postsecondary opportunities, including, but not limited to, early and middle college, dual enrollment, and private skills training scholarships.

(g) Track and provide resources to increase completion of the free application for federal student aid.

(2) From the funds appropriated in part 1, the department shall meet, at a minimum, the following transparency requirements:

(a) Collect data necessary to complete all statutory reporting requirements. The department shall notify the chairs of the house

and senate appropriations committees within 10 days if an entity receiving funds from part 1 fails to comply with data collection requirements.

(b) Maintain a link on the department's website to find data submitted by postsecondary institutions through higher education institutional data inventory.

(c) Maintain a link on the department's website to the center for educational performance and information's MI School Data page on postsecondary enrollment and completion tracking.

(3) As used in this section, "center for educational performance and information" means the center for educational performance and information created in section 94a of the state school aid act of 1979, 1979 PA 94, MCL 388.1694a.

Sec. 705. The funds appropriated in part 1 for dual enrollment payments for an eligible student enrolled in a state-approved nonpublic school shall be distributed as provided under the postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to 388.524, and the career and technical preparation act, 2000 PA 258, MCL 388.1901 to 388.1913, in a form and manner as determined by the department.

OFFICE OF EARLY CHILDHOOD EDUCATION

Sec. 1002. (1) From the funds appropriated in part 1, the department shall ensure that the final child development and care provider reimbursement rates are published on the department and Great Start to Quality webpages.

(2) If the average cases over a 3-month period in the child development and care program result in the current projected fiscal year caseloads falling below the caseload agreement from the May

consensus revenue estimating conference, the department may increase the hourly reimbursement rate to child care providers if the following conditions are met:

(a) The level of expenditures for the remainder of the year is estimated to be significantly below the level estimated from the May consensus revenue estimating conference.

(b) The department plans to expend the funds through an ongoing rate increase to providers for the remainder of the fiscal year.

(c) The department makes this request to the state budget director not less than 30 days before the expenditure of the funds that includes the rate increase.

(3) The department must notify the senate and house fiscal agencies of the amount being appropriated, the estimated rate increase to providers, and if the rate increase to providers is 1-time or ongoing in nature.

(4) The department may withdraw the intent to expend the funds under subsection (2) by notifying the chairpersons of the senate and house appropriations committees in writing.

Sec. 1003. (1) From the funds appropriated in part 1 for child development and care contracted services, the department shall create a report on all funding appropriated to contracts for the early childhood comprehensive systems planning by this state during the previous fiscal year. The report required under this section is due by April 1 and must contain at least all of the following information:

(a) Total funding appropriated to contracts for the early childhood comprehensive systems planning by this state during the previous fiscal year.

(b) The amount of funding for each grant awarded.

(d) The activities funded by each grant.

(e) An analysis of each grant recipient's success in addressing the development of a comprehensive system of early childhood services and supports.

(2) All department contracts for early childhood comprehensive systems planning must be bid out through a statewide request-for-proposal process.

Sec. 1007. (1) From the funds appropriated in part 1 for child development and care ? external support, child development and care contracted services, and child care licensing and regulation, the department shall create a joint report that includes, but is not limited to, the following:

(a) The affordability of child care in this state, including, but not limited to, the number of children eligible for and participating in the child development and care program, the number of children eligible for and participating in the child development and care program for the last 5 years, and key takeaways from the most recent market rate survey.

(b) The availability of child care in this state by county, including, but not limited to, the number of licensed child care providers, the change in the number of licensed child care providers and slots over time, and the estimated demand for care.

(c) The health and safety of child care, including, but not limited to, the 10 most common rule violations, the number of licenses revoked and summarily suspended, and the number of license violations for incomplete health and safety training and safe sleep training.

(d) Any actions taken to strengthen health and safety of care, including, but not limited to, the number of licensing consultants, their average caseload, the number of on-site visits they complete by provider type and region, the types of activities that are intended to improve health and safety in licensed care, and the number of times those activities are performed by licensing consultants.

(e) Information on the child care licensing process, including, but not limited to, all of the following:

(i) The number of initial applications, initial applications denied, license renewals, and licenses allowed to expire, aggregated by license type.

(ii) The average amount of time to approve or deny completed applications and a description of the most common reasons applications are denied.

(iii) A description of the types of complaints received, a description of the process used to resolve complaints, the average amount of time to complete investigations, and the percentage of investigations completed on time.

(iv) The number of complaints received, investigated, determined to be unsubstantiated, and that result in disciplinary action or rule violations.

(v) The number of administrative hearing adjudications.

(f) The quality of child care, including, but not limited to, the number of licensed providers participating in the Great Start to Quality program and the workforce registry, the number of new participants and how participation has changed over the last 5 years, and the number of children participating in the child development and care program enrolled in an enhancing quality level

or higher program.

(g) Any actions taken to improve child care quality, including, but not limited to, the number of quality consultants, the average caseload, the number of on-site visits completed by region, the types of activities that are intended to improve quality and the number of times those activities are performed, and the number of providers that have improved the provider's quality rating since the start of the current fiscal year compared to the same time period in the preceding fiscal year, reported as the number of providers in each region.

(h) The child care workforce, including, but not limited to, the number of child care professionals, average wages by role, the number of individuals participating in the TEACH scholarship and earning a credential, and the level of demand for staff.

(2) The department must post the joint report on the department website and send the joint report to the state budget director, the house and senate subcommittees that oversee the department budget, and the house and senate fiscal agencies by April 1 of the current fiscal year reflecting data for the previous fiscal year.

Sec. 1008. From the funds appropriated in part 1 for office of early childhood education, the department shall ensure efficient service provision to coordinate services provided to families for home visits, reduce duplication of state services and spending, increase efficiencies including the home visits funded under section 32p of the state school aid act of 1979, 1979 PA 94, MCL 388.1632p, and work with the DHHS as necessary.

Sec. 1009. From the funds appropriated in part 1 for child development and care public assistance, the income entrance

eligibility threshold for the child development and care program is set to not more than 200% of the federal poverty guidelines.

Sec. 1011. From the funds appropriated in part 1 for child development and care public assistance, for eligible children in the child development and care program, the department shall implement payments to providers based on enrollment rather than based on attendance. This shall be done in a manner determined by the department.

Sec. 1012. From the funds appropriated in part 1 for child development and care contracted services, $1,500,000.00 must be for the department to work in collaboration with DHHS to continue the network of infant and early childhood mental health consultation, which provides mental health consultation to child care providers.

Sec. 1030. (1) The funds appropriated in part 1 for the tri-share child care program must be awarded for the continuation of the child care facilitator program originally initiated and funded as a pilot project in section 1047(31) of article 5 of 2020 PA 166.

(2) Except as otherwise provided in this subsection, funding appropriated in part 1 must be used to fund existing child care facilitator hubs. The department may fund new child care facilitator hubs provided sufficient funding exists to support all existing child care facilitator hubs, including child care facilitator hubs currently funded with private dollars. Any new child care facilitator hubs added must increase the number of participating counties or serve statewide employers.

(3) The department must create benchmarks for regional facilitator hubs receiving appropriated funding.

(4) Any child care facilitator receiving funds under this section must be a nonprofit, limited liability company, C-

corporation, S-corporation, or a sole proprietor.

(5) Child care facilitator hubs may use funds to enroll in the tri-share child care program families living in Wisconsin but who have 1 or more family members who are employed in Michigan.