Terms Used In Indiana Code > Title 36 > Article 1 - General Provisions

• actual savings: includes stipulated savings. See Indiana Code 36-1-12.5-0.5
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. ^{Source: FDIC}
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• applicant: means a contractor or the subcontractor who seeks to do business with an entity. See Indiana Code 36-1-9.5-3
• application: means the act of filing a statement with an entity to request qualification to perform work. See Indiana Code 36-1-9.5-4
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
• award: means the acceptance by an entity of a bid and authorization by an entity to enter into a contract with the bidder. See Indiana Code 36-1-9.5-5
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bequest: Property gifted by will.
• bidder: means an individual, a partnership, a firm, a limited liability company, a corporation, or other person submitting a bid for advertised work. See Indiana Code 36-1-9.5-7
• builder: means a person engaged in constructing new homes. See Indiana Code 36-1-22-1
• certificate of qualification: means the official document that qualifies a contractor to bid on contracts of an entity that require prequalification under this chapter. See Indiana Code 36-1-9.5-8
• Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
• commission: means the bail and release review commission established by section 2 of this chapter. See Indiana Code 5-2-25-1
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
• conflict of interest: means a direct or indirect financial interest in the issuance of a permit. See Indiana Code 36-1-27-1
• Contract: A legal written agreement that becomes binding when signed.
• contract: means the written agreement between an entity and a contractor setting forth the obligations of the parties. See Indiana Code 36-1-9.5-9
• contractor: means an individual, a partnership, a firm, a limited liability company, a corporation, or other person contracting with or desiring to contract with an entity for performance of prescribed work. See Indiana Code 36-1-9.5-10
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• covered person: means any of the following:

  Indiana Code 36-1-8.5-2

• crime: has the meaning set forth in IC 33-23-1-4. See Indiana Code 36-1-26-1
• criminal action: means a prosecution against an individual alleging the commission of a felony or misdemeanor. See Indiana Code 36-1-17-1
• criminal history information: has the meaning set forth in IC 5-2-4-1. See Indiana Code 36-1-26-2
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• elected official: means :

  Indiana Code 36-1-21-2

• electronic edition: means a new edition of a newspaper that is only published on a newspaper's website and not published in a print edition. See Indiana Code 5-3-1-0.1
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• emergency: means a situation that:

  Indiana Code 36-1-29-3

• employed: means an individual who is employed by a unit on a full-time, part-time, temporary, intermittent, or hourly basis. See Indiana Code 36-1-20.2-5
• employee: refers to an employee of a political subdivision. See Indiana Code 36-1-13-1
• employee of the department of child services: means an individual who is or was employed as any of the following by the department of child services established by IC 31-25-1-1:

  Indiana Code 36-1-8.5-2.5

• entity: means the following:

  Indiana Code 36-1-9.5-11

• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• Fraud: Intentional deception resulting in injury to another.
• fund: means a workforce retention and recruitment fund established by the fiscal officer of a unit under section 9 of this chapter. See Indiana Code 36-1-29.5-1
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• governing body: means the following:

  Indiana Code 36-1-12.5-1.5

• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantor: The person who establishes a trust and places property into it.
• guaranteed savings contract: refers to a contract entered into under this chapter, in which a qualified provider enters into an agreement with the governing body to:

  Indiana Code 36-1-12.5-2

• Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
• in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
• incentive agreement: means an agreement described in section 8(b) of this chapter. See Indiana Code 36-1-29.5-2
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• industry engineering standards: includes the following:

  Indiana Code 36-1-12.5-2.5

• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
• judge: means an individual who holds or formerly held office as:

  Indiana Code 36-1-8.5-3

• Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• law enforcement officer: means an individual who is employed or was formerly employed as:

  Indiana Code 36-1-8.5-4

• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Leasing agent: means the board or officer of a political subdivision or agency with the power to lease structures. See Indiana Code 36-1-10-2
• license: means any license, registration, certification, permit, or endorsement required by a unit for an individual to practice an occupation or profession in an area over which the unit has jurisdiction. See Indiana Code 36-1-26-3
• Lien: A claim against real or personal property in satisfaction of a debt.
• local governmental agency: has the meaning set forth in IC 36-7-4-1109(a). See Indiana Code 36-1-29-4
• local unit of government: means any county, city, town, township, political subdivision, or other entity exercising in a limited geographical area the executive, administrative, or legislative power of the local government power. See Indiana Code 36-1-30-1
• locality newspaper: means a publication that meets all the following requirements:

  Indiana Code 5-3-1-0.2

• minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
• Minority leader: See Floor Leaders
• Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• newspaper: refers to a newspaper:

  Indiana Code 5-3-1-0.4

• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• ordinary high water mark: has the meaning set forth in Indiana Code 36-1-29-5
• owner: means a person that has an interest in title or a present possessory interest in property that is offered to the public as a short term rental. See Indiana Code 36-1-24-2
• owner: means a person that has a fee interest in a private property adjacent to and landward of Lake Michigan. See Indiana Code 36-1-29-6
• Parking facility: refers to a parking facility as defined in IC 36-9-1. See Indiana Code 36-1-10-2
• parking facility: refers to a parking facility as defined in IC 36-9-1. See Indiana Code 36-1-10.5-2
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• permit: means a short term rental permit issued by a unit. See Indiana Code 36-1-24-4
• permit: has the meaning set forth in IC 36-7-4-1109(b). See Indiana Code 36-1-27-2
• permit: has the meaning set forth in IC 36-7-4-1109(b). See Indiana Code 36-1-29-7
• permitted property: means a property that is subject to a valid, unexpired, unrevoked permit under this chapter. See Indiana Code 36-1-24-5
• person: means an individual, firm, limited liability company, corporation, association, or other legal entity. See Indiana Code 36-1-22-2
• Personal property: All property that is not real property.
• Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Population: has the meaning set forth in Indiana Code 1-1-4-5
• prequalification administrator: means the administrative officer of an entity who is responsible for the administration of the qualification of contractors under this chapter. See Indiana Code 36-1-9.5-14
• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• private property: means real property that is not owned or leased by the state or a political subdivision. See Indiana Code 36-1-29-8
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• program: refers to a cost saving incentive program established by a political subdivision under this chapter. See Indiana Code 36-1-13-2
• program: means a workforce retention and recruitment program established by the executive of a unit under section 8(a) of this chapter. See Indiana Code 36-1-29.5-3
• program participant: has the meaning set forth in Indiana Code 36-1-8.5-4.3
• prohibited person: means a city, town, province, county, school, college, or university located in a foreign adversary (as defined in Indiana Code 36-1-32-1
• proposal: means an offer of a bidder, on a prescribed form, to perform the work and to furnish the labor and materials at the prices quoted. See Indiana Code 36-1-9.5-15
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• public official: means an individual who holds or formerly held office at any time during the preceding four (4) years in the executive or legislative branch of the state or federal government or a political subdivision of the state or federal government. See Indiana Code 36-1-8.5-4.5
• public property data base web site: means an Internet web site that:

  Indiana Code 36-1-8.5-5

• public work: means the construction, reconstruction, alteration, or renovation of a public building, airport facility, or other structure that is paid for out of a public fund or out of a special assessment. See Indiana Code 36-1-12-2
• purchasing agent: means the board or officer of a political subdivision or agency with the power to purchase land or structures. See Indiana Code 36-1-10.5-3
• qualified nonprofit organization: means a private, nonprofit entity formed as a partnership between one (1) or more units, private sector businesses, or community or philanthropic organizations to develop and implement a workforce retention and recruitment strategy that has an organizational structure that conforms with the requirements of a policy developed by the workforce fund managers under section 10 of this chapter. See Indiana Code 36-1-29.5-4
• qualified provider: means the following:

  Indiana Code 36-1-12.5-3

• qualified publication: means a publication that:

  Indiana Code 5-3-1-0.7

• qualified worker: means an individual described in section 11 of this chapter. See Indiana Code 36-1-29.5-5
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
• related capital expenditures: includes capital costs that:

  Indiana Code 36-1-12.5-3.5

• relative: means any of the following:

  Indiana Code 36-1-20.2-8

• relative: means any of the following:

  Indiana Code 36-1-21-3

• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• remodeler: means a person engaged in altering, repairing, restoring, maintaining, or modifying an existing residential dwelling. See Indiana Code 36-1-22-3
• rental registration or inspection program: means a program authorizing the registration or inspection of only rental housing. See Indiana Code 36-1-20-1.2
• rental unit community: means one (1) or more parcels of contiguous real property upon which are located one (1) or more structures containing rental units, if:

  Indiana Code 36-1-20-1.5

• residential dwelling: means a building or part of a building occupied by or intended for the occupancy of one (1) or more individuals. See Indiana Code 36-1-22-4
• revenues: include only revenues of a municipal water or wastewater utility operated by a political subdivision. See Indiana Code 36-1-12.5-0.6
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
• short term rental: means the rental of:

  Indiana Code 36-1-24-6

• sister: include a brother or sister by the half blood. See Indiana Code 36-1-20.2-8
• sister: include a brother or sister by the half blood. See Indiana Code 36-1-21-3
• Statute: A law passed by a legislature.
• Structure: means :

  Indiana Code 36-1-10-2

• structure: means :

  Indiana Code 36-1-10.5-4

• subcontractor: means an individual, a partnership, a firm, a limited liability company, a corporation, or other person to whom a contractor sublets part of a contract. See Indiana Code 36-1-9.5-16
• surety: means a corporate body bound with and for the contractor for the following:

  Indiana Code 36-1-9.5-17

• System: means :

  Indiana Code 36-1-10-2

• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transportation project: means a road or highway project jointly undertaken by the Indiana department of transportation and any county through which a toll road project under IC 8-15-2 passes. See Indiana Code 36-1-10-2
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• tribe: means the Pokagon Band of Potawatomi Indians, a federally recognized Indian tribe (as defined by Indiana Code 5-2-24-1
• Trustee: A person or institution holding and administering property in trust.
• unit: means a county, city, or town. See Indiana Code 36-1-29.5-6
• unit: means a county, city, town, or township. See Indiana Code 36-1-32-2
• United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
• utility efficiency program: refers to an energy, a water, or a wastewater efficiency program that:

  Indiana Code 36-1-12.5-4

• Venue: The geographical location in which a case is tried.
• Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
• veteran: includes "Hoosier veteran" and applies to the construction of all Indiana statutes, unless the construction is expressly excluded by the terms of the statute, is plainly repugnant to the intent of the general assembly or of the context of the statute, or is inconsistent with federal law. See Indiana Code 1-1-4-5
• Victim advocate: work with prosecutors and assist the victims of a crime.
• workforce fund managers: means a workforce fund board of managers established by the executive of a unit under section 10 of this chapter. See Indiana Code 36-1-29.5-7