Terms Used In Indiana Code > Title 4 > Article 4 > Chapter 38.5 - Broadband Grants for Rural Areas

• advance directive: means a written declaration of a declarant who:

  Indiana Code 16-36-7-2

• 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.
• 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.
• 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.
• 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
• Autism: means a neurological condition as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association. See Indiana Code 1-1-4-5
• best interests: means the promotion of the individual's welfare, based on consideration of material factors, including relief of suffering, preservation or restoration of function, and quality of life. See Indiana Code 16-36-7-3
• birth problems: means one (1) or more of the following conditions:

  Indiana Code 16-38-4-1

• challenge: means notice that:

  Indiana Code 4-4-38.5-1.6

• chronic disease: means one (1) of the following conditions:

  Indiana Code 16-38-6-1

• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• dead body: means a lifeless human body or parts or bones of the human body from the condition of which it reasonably may be concluded that death recently occurred. See Indiana Code 16-37-3-1
• declarant: means a competent adult who has executed an advance directive. See Indiana Code 16-36-7-4
• declaration: means a written document, voluntarily executed by a declarant for the declarant under section 28 of this chapter. See Indiana Code 16-36-7-5
• Dependent: A person dependent for support upon another.
• deployed: means , with respect to the availability of minimum broadband Internet at a location, that an eligible broadband service provider:

  Indiana Code 4-4-38.5-1.7

• electronic: has the meaning set forth in IC 26-2-8-102(7). See Indiana Code 16-36-7-6
• electronic record: has the meaning set forth in IC 26-2-8-102(9). See Indiana Code 16-36-7-7
• electronic signature: has the meaning set forth in IC 26-2-8-102(10). See Indiana Code 16-36-7-8
• eligible broadband project: means a project for the deployment of terrestrial broadband infrastructure for the provision of eligible broadband service, regardless of the delivery technology:

  Indiana Code 4-4-38.5-2

• eligible broadband service: means a connection to the Internet that provides an actual speed of at least:

  Indiana Code 4-4-38.5-3

• eligible broadband service provider: means any company, firm, corporation, partnership, or association that:

  Indiana Code 4-4-38.5-4

• eligible student: means a student who is:

  Indiana Code 4-4-38.5-4.5

• 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.
• 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.
• Fraud: Intentional deception resulting in injury to another.
• fund: refers to the rural broadband fund established by section 11 of this chapter. See Indiana Code 4-4-38.5-5
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• health care: means any care, treatment, service, supplies, or procedure to maintain, diagnose, or treat an individual's physical or mental condition, including preventive, therapeutic, rehabilitative, maintenance, or palliative care, and counseling. See Indiana Code 16-36-7-9
• health care decision: means the following:

  Indiana Code 16-36-7-10

• health care facility: includes the following:

  Indiana Code 16-36-7-11

• health care provider: means any person licensed, certified, or authorized by law to administer health care in the ordinary course of business or practice of a profession. See Indiana Code 16-36-7-12
• health care representative: means a competent adult designated by a declarant in an advance directive to:

  Indiana Code 16-36-7-13

• health information: has the meaning set forth in 45 C. See Indiana Code 16-36-7-14
• home: includes the delivery of a viable fetus at a home or other non-health care facility. See Indiana Code 16-38-4-1
• in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
• informed consent: means consent voluntarily given by an individual after a sufficient explanation and disclosure of the subject matter involved to enable that individual to have a general understanding of the treatment or procedure and the medically acceptable alternatives, including the substantial risks and hazards inherent in the proposed treatment or procedure, and to make a knowing health care decision without coercion or undue influence. See Indiana Code 16-36-7-16
• 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.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• medical record: means written or printed information possessed by a provider (as defined in Ind. See Indiana Code 1-1-4-5
• minimum broadband Internet: means a terrestrial connection to the Internet that provides an actual speed of at least one hundred (100) megabits per second downstream and at least twenty (20) megabits per second upstream, regardless of the technology or medium used to provide the connection. See Indiana Code 4-4-38.5-5.6
• 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
• notarial officer: means a person who is authorized under IC 33-42-9-7 to perform a notarial act (as defined in Indiana Code 16-36-7-17
• 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.
• observe: means to perceive another's actions or expressions of intent through the senses of eyesight or hearing, or both. See Indiana Code 16-36-7-18
• office: refers to the office of community and rural affairs established by Indiana Code 4-4-38.5-6
• other severe disability: means a severe physical disability or developmental delay that results from injury, infection, or disease, is chronic in nature, and requires long term health care. See Indiana Code 16-38-4-2
• Oversight: Committee review of the activities of a Federal agency or program.
• 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.
• patient: means :

  Indiana Code 16-38-4-3

• person: means an individual, association, partnership, corporation, or governmental entity. See Indiana Code 16-38-4-4
• person in charge of interment: means a person who places or causes to be placed a stillborn child or dead body or the ashes, after cremation, in a grave, vault, urn, or other receptacle, or otherwise disposes of the body or ashes. See Indiana Code 16-37-3-2
• Population: has the meaning set forth in Ind. See 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}
• Probate: Proving a will
• Property: includes personal and real property. See Indiana Code 1-1-4-5
• proxy: means a competent adult who:

  Indiana Code 16-36-7-20

• reasonably available: means a health care representative or proxy for an individual who is:

  Indiana Code 16-36-7-21

• registry: refers to the birth problems registry established under this chapter. See Indiana Code 16-38-4-5
• rural area: means :

  Indiana Code 4-4-38.5-7

• rural health clinic: means a building that is:

  Indiana Code 4-4-38.5-7.1

• sign: includes the valid use of an electronic signature. See Indiana Code 16-36-7-22
• signature: means the authorized use of the name or mark of a declarant or other person to authenticate an electronic record or other writing. See Indiana Code 16-36-7-23
• state agency: means an authority, a board, a branch, a commission, a committee, a department, a division, or another instrumentality of the executive, including the administrative, department of state government. See Indiana Code 4-4-38.5-8
• state department: refers to the Indiana department of health. See Indiana Code 16-38-4-6
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• telephonic interaction: means interaction through the use of any technology, now known or later developed, that enables two (2) or more persons to speak to and hear each other in real time, even if one (1) or more persons cannot see each other. See Indiana Code 16-36-7-24
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• training or educational purposes: means for the purpose of:

  Indiana Code 16-39-7.1-1.5

• 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.
• treating physician: means a licensed physician who is overseeing, directing, or performing health care to an individual at the pertinent time. See Indiana Code 16-36-7-25
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• 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
• Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• writing: include the use of any method to inscribe information in or on a tangible medium or to store the information in an electronic or other medium that can retrieve, view, and print the information in perceivable form. See Indiana Code 16-36-7-26
• Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5