Application; Immediate Family Member; Continuation of Appropriations

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Sec. 17. (a) This section does not apply to a township located in a county having a consolidated city.

(b) As used in this section, "immediate family member" refers only to any of the following relatives of an individual:

(1) A parent.

(2) A sibling.

(3) A spouse.

(4) A child.

A relative by adoption, half-blood, marriage, or remarriage is considered as a relative of whole kinship.

(c) A member of the township board may not participate in a vote on the adoption of the township's budget and tax levies if the member is an immediate family member of the township trustee.

(d) Notwithstanding any other law, if at least a majority of the members of the township board are precluded from voting on the township's budget and tax levies under subsection (c), the township's most recent annual appropriations are continued for the ensuing budget year, subject to the following:

(1) The township trustee may petition the county fiscal body for an increase in the township's budget under subsection (e).

(2) The township trustee may petition the county fiscal body for any additional appropriations under subsection (f).

(e) If subsection (d) applies, the township trustee may petition the county fiscal body for an increase in the township's budget and property tax levies. The county fiscal body may grant or deny the petition only after conducting a public hearing on the petition.

(f) If subsection (d) applies, the county fiscal body may adopt any additional appropriations of the township by ordinance before the department of local government finance may approve the additional appropriation.

As added by P.L.159-2020, SEC.80.


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