Terms Used In Indiana Code > Title 3 > Article 10 - Provisions Governing Certain Types of Elections

• adequate replacement dwelling: means a dwelling that is:

  Indiana Code 8-23-17-7

• 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.
• agency: means a department, board, commission, office, or instrumentality of the state, including a state supported college or university, or of a political subdivision of the state. See Indiana Code 8-23-17-1
• agency head: means the governing body or principal executive officer of an agency, or a duly designated delegate of the governing body or principal executive officer. See Indiana Code 8-23-17-2
• airbag: means a motor vehicle inflatable occupant restraint system component that is part of a supplemental restraint system. See Indiana Code 9-19-10.5-0.2
• Aircraft: means any contrivance used or designed for navigation of or flight in the air. See Indiana Code 8-21-3-1
• Aircraft accident: means any mishap involving an aircraft resulting in injury or damage to such aircraft or to any person, property, or thing. See Indiana Code 8-21-3-1
• Airport: means any location on land, water or upon any building or other structure which is used for the landing and taking off of aircraft, which provides for the shelter, supply or care of aircraft, or a place used for receiving or discharging passengers or cargo by air. See Indiana Code 8-21-9-2
• Airport facility: includes the following: lands, access roads, parking facilities, railroad siding facilities, snow removal or impacting equipment, fire and ambulance equipment, motor vehicles, apparatus or equipment for disseminating weather information, for signaling, for radio directional finding or for radio or other electrical communication, any structure or mechanism for guiding or controlling flight in the air or the landing and take-off of aircraft or otherwise in aid of air navigation, piers, docks, wharves, warehouses, sheds, transit sheds, elevators, compressors, refrigeration, storage plants, hangars, shops, buildings, structures and other facilities, appurtenances and equipment necessary or useful in connection with the operation of a modern airport and every kind of terminal or storage structure or facility designed for use in the handling, storage, loading or unloading of freight or passengers at airports, and every kind of transportation facility designed for use in connection with an airport. See Indiana Code 8-21-9-2
• airport project: has the meaning set forth in Indiana Code 8-22-3.7-1
• 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.
• Amortization: Paying off a loan by regular installments.
• 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.
• appointed member: refers to the member of a town election board who is also the town chairman of a major political party appointed under IC 3-8-5-3. See Indiana Code 3-10-7-1.5
• 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
• assembled vehicle: means :

  Indiana Code 9-17-4-0.3

• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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.
• board: refers to the board of a public transportation corporation providing public transportation services in Marion County. See Indiana Code 8-25-7-2
• board: refers to the board of commissioners of an eligible county. See Indiana Code 8-25-8-2
• board: refers to the driver licensing medical advisory board established under section 2 of this chapter. See Indiana Code 9-14-11-1
• bonds: means bonds, notes, or other evidences of indebtedness issued by the development authority. See Indiana Code 8-22-3.7-2
• bonds: has the meaning set forth in IC 36-1-2-2. See Indiana Code 8-25-5-2
• business: means any lawful activity, excepting a farm operation, conducted primarily:

  Indiana Code 8-23-17-4

• chaplain: means an individual who is appointed or officially designated to serve, with or without compensation, as a chaplain of either of the following:

  Indiana Code 9-19-14.5-0.5

• civic event vehicle: means a vehicle that, in any past registration year:

  Indiana Code 9-18.5-10-0.5

• Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
• code enforcement: means any project or program for the elimination or prevention of the development or spread of deteriorated or deteriorating areas through a systematic inspection of buildings and structures in an area and the enforcement of codes or ordinances establishing standards for the condition and maintenance of dwellings, buildings, or premises as safe, sanitary, and fit for human habitation. See Indiana Code 8-23-17-11
• commission: refers to the following:

  Indiana Code 8-22-3.5-2

• commission: refers to the electric vehicle product commission established by section 3 of this chapter. See Indiana Code 9-13-3-1
• Commissioner: refers to the commissioner of the department. See Indiana Code 8-21-9-2
• committee: means the interim study committee on roads and transportation established by Indiana Code 9-18.5-12-1
• 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.
• construction manager general contractor: means a person that is awarded a two-phase contract for a project and is responsible for providing:

  Indiana Code 8-23-9.5-2

• construction services: means the physical construction work undertaken by a CMGC or PDB to construct any portion of a project which may be awarded as a single contract for a project or multiple contracts for portions of a project. See Indiana Code 8-23-9.5-3
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• counterfeit supplemental restraint system component: means :

  Indiana Code 9-19-10.5-0.4

• 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.
• department: refers to the Indiana department of transportation. See Indiana Code 8-17-1-0.1
• department: refers to the Indiana department of transportation. See Indiana Code 8-17-7-2
• Department: refers to the Indiana department of transportation; and "state" or "this state" means the state of Indiana. See Indiana Code 8-21-3-1
• Department: refers to the Indiana department of transportation. See Indiana Code 8-21-9-2
• department action: means one (1) or more of the following:

  Indiana Code 8-23-31-1

• Dependent: A person dependent for support upon another.
• design services: means services performed by a professional services consultant that is qualified by the department to provide services. See Indiana Code 8-23-9.5-4
• development authority: refers to an airport development authority created by this chapter. See Indiana Code 8-22-3.7-3
• development board: refers to the board of directors of a development authority. See Indiana Code 8-22-3.7-4
• Devise: To gift property by will.
• Docket: A log containing brief entries of court proceedings.
• Donor: The person who makes a gift.
• dwelling: means any room, suite of rooms, apartment, trailer, or house occupied or intended to be occupied as a personal residence by one (1) family or by one (1) or more individuals utilizing the same kitchen facilities. See Indiana Code 8-23-17-6
• election officer: means a person employed or appointed by the state, a political subdivision, or a political party to perform a duty under this title. See Indiana Code 3-12-1-1.5
• electric vehicle product: means a battery powered electric vehicle, an alternative powertrain technology vehicle, a hydrogen powered vehicle, or a plug-in hybrid electric vehicle, and charging stations needed to promote the use of those vehicles. See Indiana Code 9-13-3-2
• eligible entity: refers to any of the following:

  Indiana Code 8-22-3.5-2.5

• eligible entity: means the following:

  Indiana Code 8-22-3.7-4.5

• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• evaluation committee: refers to a group of individuals who are:

  Indiana Code 8-23-9.5-5

• 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.
• Executor: A male person named in a will to carry out the decedent
• Existing airport facilities: means the properties which are acquired by the department from public or private entities under this chapter. See Indiana Code 8-21-9-2
• 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.
• farm operation: means any activity conducted solely or primarily for the production of one (1) or more agricultural products or commodities, including timber, for sale or home use, and customarily producing products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. See Indiana Code 8-23-17-5
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• fleet operator: means an operator who participates in the program. See Indiana Code 9-18.1-10-1
• fleet vehicle: means a passenger motor vehicle or a truck with a declared gross weight of not more than eleven thousand (11,000) pounds that is:

  Indiana Code 9-18.1-10-2

• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• GMP: refers to the guaranteed maximum price for work established by a contract. See Indiana Code 8-23-9.5-6
• Gold Star family member: means :

  Indiana Code 9-18.5-33-1

• governing body: means the county executive, the city executive, or the town legislative body. See Indiana Code 8-17-4.1-1
• gross monthly income: means the average of such income during the twelve (12) month period immediately preceding displacement and includes income from all sources whether or not such income is taxable under any state or federal law, and also includes any public assistance received under the following:

  Indiana Code 8-23-17-8

• highway: includes highways, roads, streets, bridges, tunnels, and approaches. See Indiana Code 8-17-1-1.2
• Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
• highway rights-of-way: refer to highway rights-of-way for which responsibility is assigned to the department. See Indiana Code 8-23-24.5-2
• Hoosier veteran: means an individual who meets the following criteria:

  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
• 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}
• insurance policy: means an aircraft liability policy conforming to section 12 of this chapter. See Indiana Code 8-21-3-1
• Insured: means the person in whose name there is issued an aircraft liability policy (as defined in section 12 of this chapter) and any other person insured under the terms of such policy. See Indiana Code 8-21-3-1
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Intestate: Dying without leaving a will.
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together.
• Judgment: means any judgment, except a judgment rendered against this state or any political subdivision of this state or any municipality in this state, which shall have become final by expiration without appeal of the time within which appeal might have been perfected, or by final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States. See Indiana Code 8-21-3-1
• 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
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• local highway system: includes all roads, bridges, culverts, necessary supports, drainage facilities, and roadside developments within the rights-of-way. See Indiana Code 8-17-7-2
• local news media organization: means any entity or organization that:

  Indiana Code 8-23-31-1

• market area: has the meaning set forth in Indiana Code 8-23-20.5-2
• member: means all employees and appointees of the department. See Indiana Code 8-23-16-1
• minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
• 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.
• motor vehicle: has the meaning set forth in IC 9-13-2-105(a). See Indiana Code 8-23-32-2
• motor vehicle rental company: means a person that routinely engages in the business of renting motor vehicles for periods of not more than thirty (30) days. See Indiana Code 8-23-32-3
• municipal election year: refers to an odd-numbered year determined under IC 3-10-6-5. See Indiana Code 3-10-6.5-2
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• 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.
• Oath: A promise to tell the truth.
• Oath: includes "affirmation" and "to swear" includes to "affirm". See Indiana Code 1-1-4-5
• 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.
• official detour route: means the path the department designates a motorist to use to reach a destination while a state highway, part of a state highway, or state highway bridge is closed to the public as a thoroughfare while under construction, while being repaired, or when closed for any other reason. See Indiana Code 8-23-21-0.3
• Operator: means any person who is in actual physical control of an aircraft. See Indiana Code 8-21-3-1
• operator: means an Indiana resident that owns or leases one thousand (1,000) or more fleet vehicles. See Indiana Code 9-18.1-10-3
• Owner: means any person in whose name the aircraft is certificated, licensed, or registered by appropriate federal or state authority. See Indiana Code 8-21-3-1
• owner: include any individual, partnership, corporation, limited liability company, or association. See Indiana Code 8-23-17-9
• owner: means a person in whose name a motor vehicle is registered under any of the following:

  Indiana Code 8-23-32-4

• 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.
• Pearl Harbor survivor: means an individual who was an active member of the armed forces of the United States serving at Pearl Harbor at the time of the Pearl Harbor attack. See Indiana Code 9-18.5-24-1
• Person: means any individual, firm, partnership, corporation, company, limited liability company, association, joint stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative of an entity described in this subdivision. See Indiana Code 8-21-3-1
• person: means an individual, a firm, a partnership, a limited liability company, a joint venture, an association, a corporation, or another legal entity. See Indiana Code 8-23-9.5-7
• 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
• pilot program: means the worksite speed control pilot program established under section 10 of this chapter. See Indiana Code 8-23-32-5
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• preconstruction services: means consulting to provide information regarding the impact of design on the construction services of a project, including:

  Indiana Code 8-23-9.5-8

• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• professional services consultant: means a person that performs:

  Indiana Code 8-23-9.5-9

• program: refers to the fleet registration program established under section 6 of this chapter. See Indiana Code 9-18.1-10-4
• program: refers to a program to inspect private buses established under section 3 of this chapter. See Indiana Code 9-19-22-2
• progressive design-builder: refers to a person that has been awarded a contract by the department in which design services, preconstruction services, and construction services of a project are procured from a person that is selected through a qualifications based selection process at the earliest feasible stage of the project. See Indiana Code 8-23-9.5-10
• Project: means the existing airport facilities or any airport facility acquired, constructed, controlled or operated by the department, together with all property, rights, easements and interest appertaining to the facility, acquired for the construction or operation of the facility. See Indiana Code 8-21-9-2
• project: means services provided using a two-phase contract with a CMGC or a PDB for preconstruction services and construction services to design, construct, alter, or repair:

  Indiana Code 8-23-9.5-11

• Proof of financial responsibility: has the meaning set forth in section 8 of this chapter. See Indiana Code 8-21-3-1
• Property: includes personal and real property. See Indiana Code 1-1-4-5
• proposal: means an offer by a CMGC or PDB to enter into a contract with the department in response to a request for proposals by the department under section 16 of this chapter. See Indiana Code 8-23-9.5-12
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• qualified airport development project: means an airport development project that has a cost of the project (as defined in Indiana Code 8-22-3.5-3
• 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
• registered importer: means a person that is:

  Indiana Code 9-17-2-0.5

• 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.
• request for proposals: refers to the process by which the department solicits persons to provide services as a CMGC or PDB under this chapter. See Indiana Code 8-23-9.5-14
• safety glazing materials: means glazing materials constructed, treated, or combined with other materials to reduce substantially, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from exterior sources or by the safety glazing materials when the materials are cracked or broken. See Indiana Code 9-19-19-1
• school corporation: has the meaning set forth in IC 36-1-2-17. See Indiana Code 9-18.5-15-1
• selection panel: means a panel of individuals who are:

  Indiana Code 8-23-9.5-13

• Service of process: The service of writs or summonses to the appropriate party.
• 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
• special identification number: means a distinguishing number assigned by the bureau to a privately assembled vehicle. See Indiana Code 9-17-4-0.5
• sufficiency rating: means any rating that assigns numerical values to each road section reflecting its relative adequacy based on an engineering appraisal of structural condition, safety, and traffic service and upon an economic appraisal of its actual or potential value to the total area served by the road including the effect of loss of traffic to and through the area resulting from deterioration or obsolescence of the road. See Indiana Code 8-23-12-1
• Summons: Another word for subpoena used by the criminal justice system.
• supplemental restraint system: means a passive inflatable motor vehicle occupant crash protection system designed for use in conjunction with a seat belt assembly as defined in Indiana Code 9-19-10.5-1
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• this state: means the state of Indiana. See Indiana Code 8-21-3-1
• toll road: includes :

  Indiana Code 8-18-20-3

• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• transferring party: means a person that:

  Indiana Code 9-17-3-0.6

• Trustee: A person or institution holding and administering property in trust.
• unofficial detour route: means the path that the department in conjunction with local officials determines many motorists have taken or are likely to take in place of the official detour route because the path is or was:

  Indiana Code 8-23-21-0.5

• vegetation: refers to grasses or other plants that are suitable for processing into fuels or other energy products. See Indiana Code 8-23-24.5-3
• 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
• worksite: has the meaning set forth in IC 9-13-2-200. See Indiana Code 8-23-32-6
• worksite speed control system: means a photographic device, radar device, laser device, or other electrical or mechanical device or devices designed to:

  Indiana Code 8-23-32-7

• worksite speed control system operator: means a person described in section 13 of this chapter. See Indiana Code 8-23-32-8
• worksite speed limit: means a temporary speed limit established by:

  Indiana Code 8-23-32-9

• Writ: A formal written command, issued from the court, requiring the performance of a specific act.