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.
Structure Indiana Code
Article 6. Government of Townships
Chapter 6. Township Legislative Body
36-6-6-1. Application of Chapter
36-6-6-2. Township Board; Election; Term of Office
36-6-6-2.1. Merged Townships; Township Board; Election; Members
36-6-6-2.2. Election of Township Board Members; by Voters of a District; by All Township Voters
36-6-6-2.3. Staggering Terms of Township Board Members
36-6-6-3. Residency Requirement of Members
36-6-6-5. Adjournment of Meetings
36-6-6-6. Appearance at Meetings by Taxpayer
36-6-6-7. Meetings; Election of Chairman and Secretary; Special Meeting
36-6-6-8. Record of Proceedings
36-6-6-9. Meeting; Consideration and Approval of Annual Report of Executive; Disposition of Funds
36-6-6-11. Meeting; Adoption of Annual Budget; Estimates; Appropriation; Taxation
36-6-6-13. Appropriation and Transfer of Money to County; Interlocal Agreements
36-6-6-13.5. Special Meeting by Legislative Body; Notice
36-6-6-15. Temporary Loans to Meet Current Expenses; Resolution; Time Warrants
36-6-6-17. Application; Immediate Family Member; Continuation of Appropriations