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91_HB4300enr HB4300 Enrolled 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 a county with a population of over 100,000 and 29 less than 1,000,000 inhabitants, a neutral site custody HB4300 Enrolled -2- LRB9112100DJtm 1 exchange fund may be established by the passage of an 2 ordinance by the county board. 3 (b) In each county in which a county board has enacted 4 an ordinance authorizing a neutral site custody exchange fund 5 to be established, the county board shall set a fee to be 6 collected by the clerk of the circuit court on all civil case 7 filings of not less than $1 nor more than $8 to be paid by 8 the plaintiff at the time of the filing of the case and by 9 the defendant at the time of filing an appearance. The 10 county board shall review the amount of the fee on an annual 11 basis and shall increase the amount of the fee, not to exceed 12 the $8 maximum, if the demand for neutral site custody 13 exchanges requires additional funding. 14 (c) In each county in which a county board has enacted 15 an ordinance authorizing a neutral site custody exchange fund 16 to be established, the clerk of the circuit court shall 17 charge and collect a neutral site custody exchange fund fee 18 as established by the county ordinance. The fee shall be paid 19 by the parties to the action at the time of filing the first 20 pleading in all civil cases. The fees shall not be charged in 21 any proceeding commenced by or on behalf of a unit of local 22 government. 23 The fees shall be in addition to all other fees and 24 charges of the clerk, shall be assessable as costs, shall be 25 remitted by the clerk monthly to the county treasurer, and 26 shall be deposited monthly by the county treasurer in the 27 neutral site custody exchange fund established under this 28 Section. Each such clerk shall commence the charging and 29 collection of the fee upon receipt of written notice from the 30 county board that a neutral site custody exchange fund has 31 been established. 32 Section 20. Grant disbursements. 33 (a) The county board in a county that has established a HB4300 Enrolled -3- LRB9112100DJtm 1 neutral site custody exchange fund shall annually make grant 2 disbursements from the fund to one or more qualified 3 not-for-profit organizations for the purpose of implementing 4 a neutral site custody exchange program, provided that the 5 expenditure is approved by the chief judge of the judicial 6 circuit in which the county is located. 7 (b) Disbursements by the county board shall be made to 8 one or more qualified not-for-profit organizations that 9 operate within the county based on each such organization's 10 proportionate share of the total number of neutral site 11 custody exchanges handled by all such organizations in that 12 county during the year prior to the grant application. 13 (c) In no event shall the disbursements to any 14 not-for-profit organization in one year exceed $500,000. Any 15 amounts collected under Section 15 but not disbursed in a 16 particular year shall be paid to the county treasurer for the 17 administration of justice in the county. 18 Section 25. Rules. 19 (a) The county board in a county in which a neutral site 20 custody exchange fund has been established shall make rules 21 pertaining to the operation and standards to be adhered to by 22 a not-for-profit organization in that county in order to 23 qualify for a grant under Section 20. The rules shall 24 provide for the following: 25 (1) All work performed by the not-for-profit 26 organization, its staff, and volunteers shall be 27 performed without collecting a fee or charge from the 28 parties involved in a custody exchange. 29 (2) Each not-for-profit organization receiving a 30 grant under this Act shall maintain records as required 31 by the county board. The records shall be available for 32 inspection by the office of the Chief Judge and shall 33 demonstrate adherence to applicable requirements. HB4300 Enrolled -4- LRB9112100DJtm 1 (b) The county board in a county in which a neutral site 2 custody exchange fund has been established may make 3 additional rules necessary for the operation of this Act in 4 that county. 5 Section 99. Effective date. This Act takes effect upon 6 becoming law.