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Bill

SB 64

Children: child care; passing along fees for criminal background checks to certain childcare employees to the employees; prohibit. Amends secs. 5d & 5n of 1973 PA 116 (MCL 722.115d & 722.115n).

2025-2026 Regular Session Introduced by Michele Hoitenga

Michigan SB 64 prohibits childcare employers from charging employees for mandatory criminal background check costs, shifting expenses to facilities.

REFERRED TO COMMITTEE ON REGULATORY AFFAIRS
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Bill Summary · SB 64

Legislative bill overview

SB 64 prohibits childcare facilities in Michigan from passing the costs of criminal background checks to their employees. Currently, childcare providers can charge workers for these mandatory background check fees; this bill would require facilities to absorb these costs themselves instead.

Why is this important

Criminal background checks are a regulatory requirement for childcare workers, making them a job prerequisite rather than an optional employee choice. Shifting this cost from workers to employers could reduce financial barriers to childcare employment, potentially helping lower-wage workers enter the field, though it increases operating costs for childcare facilities.

Potential points of contention

  • Cost burden on small businesses: Childcare facilities, particularly smaller operators with thin margins, argue background check fees are a significant expense that should be shared with employees or absorbed through higher service costs
  • Employee incentive alignment: Some argue employees should bear some cost responsibility to discourage frivolous job-seeking or ensure worker commitment to the role
  • Competitive impact: May create cost disparities between facilities if implementation varies, potentially affecting pricing and market competition in the childcare sector

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

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