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91_HB4300eng HB4300 Engrossed LRB9112100DJtm 1 AN ACT in relation to child custody. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Neutral Site Custody Exchange Funding Act. 6 Section 5. Legislative findings. The General Assembly 7 finds that the domestic relations area of law, and 8 particularly child custody matters, frequently involves 9 seemingly minor disputes between individuals that escalate 10 into major social and legal problems without the intervention 11 of neutral parties; these problems often result in emotional 12 damage to the children involved and create an extra burden 13 for the courts; there are compelling reasons for providing 14 neutral sites for parents to exchange the physical custody of 15 a child for purposes of visitation; and not-for-profit 16 charitable organizations can make a substantial contribution 17 to the expeditious implementation of child custody and 18 visitation orders in this State. 19 Section 10. Definition. In this Act: 20 "Custody exchange" means an exchange of the physical 21 custody of a child at the commencement or conclusion of 22 visitation with the child or at other times pursuant to an 23 order for child custody or visitation. 24 "Neutral site" means a place not under the ownership or 25 control of any party to an order for child custody or 26 visitation, where a custody exchange takes place. 27 Section 15. Fund; fee; administration. 28 (a) In judicial circuits that include a county with a 29 population of over 100,000 and less than 1,000,000 HB4300 Engrossed -2- LRB9112100DJtm 1 inhabitants, a neutral site custody exchange fund may be 2 established by any such county by the passage of an ordinance 3 by the county board. 4 (b) In each judicial circuit in which a county board has 5 enacted an ordinance authorizing a neutral site custody 6 exchange fund to be established, the county board shall set a 7 fee to be collected by the clerk of the circuit court on all 8 civil case filings of not less than $1 nor more than $8 to be 9 paid by the plaintiff at the time of the filing of the case 10 and by the defendant at the time of filing an appearance. 11 The county board shall review the amount of the fee on an 12 annual basis and shall increase the amount of the fee, not to 13 exceed the $8 maximum, if the demand for neutral site custody 14 exchanges requires additional funding. 15 (c) In each judicial circuit in which a county board has 16 enacted an ordinance authorizing a neutral site custody 17 exchange fund to be established, the clerk of the circuit 18 court shall charge and collect a neutral site custody 19 exchange fund fee as established by the county ordinance. The 20 fee shall be paid by the parties to the action at the time of 21 filing the first pleading in all civil cases. The fees shall 22 not be charged in any proceeding commenced by or on behalf of 23 a unit of local government. 24 The fees shall be in addition to all other fees and 25 charges of the clerk, shall be assessable as costs, shall be 26 remitted by the clerk monthly to the county treasurer, and 27 shall be disbursed monthly by the county treasurer to the 28 neutral site custody exchange fund established under this 29 Section. Each such clerk shall commence the charging and 30 collection of the fee upon receipt of written notice from the 31 county board that a neutral site custody exchange fund has 32 been established. 33 (d) Each neutral site custody exchange fund established 34 under this Section shall be administered by the Chief Judge HB4300 Engrossed -3- LRB9112100DJtm 1 of the judicial circuit in which the fund is established. 2 Section 20. Grant disbursements. 3 (a) Subject to the supervisory authority of the Supreme 4 Court, the Chief Judge of each judicial circuit in which a 5 neutral site custody exchange fund has been established shall 6 annually make grant disbursements from the fund to one or 7 more qualified not-for-profit organizations for the purpose 8 of implementing a neutral site custody exchange program. 9 (b) Disbursements by the Chief Judge shall be made to 10 one or more qualified not-for-profit organizations that 11 operate within the judicial circuit based on each such 12 organization's proportionate share of the total number of 13 neutral site custody exchanges handled by all such 14 organizations in that circuit during the year prior to the 15 grant application. 16 (c) In no event shall the disbursements to any 17 not-for-profit organization in one year exceed $500,000. Any 18 amounts collected under Section 15 but not disbursed in a 19 particular year shall: 20 (1) In single-county judicial circuits, be paid to 21 the county treasurer for the administration of justice in 22 the judicial circuit. 23 (2) In judicial circuits of more than one county, 24 be paid to the county treasurer of each county of the 25 judicial circuit for the administration of justice in the 26 judicial circuit, in amounts in proportion to the amounts 27 of the disbursements made by each of the county 28 treasurers to the fund during that year. 29 Section 25. Rules. 30 (a) Subject to the supervisory authority of the Supreme 31 Court, the Chief Judge of each judicial circuit in which a 32 neutral site custody exchange fund has been established shall HB4300 Engrossed -4- LRB9112100DJtm 1 make rules pertaining to the operation and standards to be 2 adhered to by a not-for-profit organization in that judicial 3 circuit in order to qualify for a grant under Section 20. 4 The rules shall provide for the following: 5 (1) All work performed by the not-for-profit 6 organization, its staff, and volunteers shall be 7 performed without collecting a fee or charge from the 8 parties involved in a custody exchange. 9 (2) Each not-for-profit organization receiving a 10 grant under this Act shall maintain records as required 11 by the Chief Judge of the judicial circuit. The records 12 shall be available for inspection by the office of the 13 Chief Judge and shall demonstrate adherence to applicable 14 requirements. 15 (b) Subject to the supervisory authority of the Supreme 16 Court, the Chief Judge of each judicial circuit in which a 17 neutral site custody exchange fund has been established may 18 make additional rules necessary for the operation of this Act 19 in that judicial circuit. 20 Section 99. Effective date. This Act takes effect upon 21 becoming law.