Terms Used In Indiana Code > Title 4 > Article 23 > Chapter 7.3 - Indiana GIS Mapping Standards

• 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.
• affiliate: means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. See Indiana Code 24-3-3-3
• allocable share: means Allocable Share as that term is defined in the Master Settlement Agreement. See Indiana Code 24-3-3-4
• 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.
• 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
• 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.
• 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
• Basic cost of cigarettes: shall mean the invoice cost of cigarettes to the retailer or distributor, as the case may be, or the replacement cost of cigarettes to the retailer or distributor, as the case may be, within thirty (30) days prior to the date of sale, in the quantity last purchased, whichever is the lower, less all trade discounts and customary discounts for cash, plus the cost at full face value of any stamps which may be required by IC 6-7-1, if not included by the manufacturer in his selling price to the distributor. See Indiana Code 24-3-2-2
• Bid: means a written offer or proposal by an exhibitor to a distributor in response to an invitation to bid for the right to exhibit a motion picture. See Indiana Code 24-1-5-1
• Blind selling: means the bidding or negotiating for, or the offering or agreeing to terms for, the licensing or exhibition of a motion picture before the motion picture has either been trade screened within the state or before such motion picture has been made available for viewing within the state by all exhibitors from whom the distributor is inviting bids or with whom the distributor is negotiating for the right to exhibit the motion picture. See Indiana Code 24-1-5-1
• brand family: means cigarettes that are:

  Indiana Code 24-3-5.4-1

• child resistant packaging: means packaging that:

  Indiana Code 24-3-7-2

• Cigarette: shall mean and include any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and irrespective of tobacco being flavored, adulterated, or mixed with any other ingredient, where such roll has a wrapper or cover made of paper or any other material; provided the definition in this paragraph shall not be construed to include cigars. See Indiana Code 24-3-2-2
• cigarette: includes "roll-your-own" tobacco (i. See Indiana Code 24-3-3-5
• cigarette: has the meaning set forth in IC 24-3-2-2(a). See Indiana Code 24-3-4-2
• cigarette: has the meaning set forth in IC 6-7-1-2. See Indiana Code 24-3-5-0.1
• circulating product: includes :

  Indiana Code 24-4-5-1.1

• 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: refers to the alcohol and tobacco commission created by Indiana Code 24-3-5-0.3
• commission: means the alcohol and tobacco commission created by Indiana Code 24-3-5.4-3
• commission: refers to the alcohol and tobacco commission created by Indiana Code 24-3-6-1
• commission: refers to the alcohol and tobacco commission created by Indiana Code 24-3-7-3
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consumer: shall be deemed to mean an individual, firm, partnership, association, limited liability company, or corporation who buys for his or its own use, or for the use of another but not for resale. See Indiana Code 24-4-3-1
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Cost to the distributor: shall mean the basic cost of cigarettes to the distributor, plus the cost of doing business by the distributor as evidenced by the standards and methods of accounting regularly employed by him in his allocation of overhead costs and expenses, paid or incurred, and must include without limitation labor costs (including salaries of executives and officers), rent, depreciation, selling costs, maintenance of equipment, delivery costs, all types of licenses, taxes, insurance, and advertising. See Indiana Code 24-3-2-2
• Cost to the retailer: shall mean the basic cost of cigarettes to the retailer, plus the cost of doing business by the retailer as evidenced by the standards and methods of accounting regularly employed by him in his allocation of overhead costs and expenses paid or incurred and must include without limitation labor (including salaries of executives and officers), rent, depreciation, selling costs, maintenance of equipment, delivery costs, all types of licenses, taxes, insurance, and advertising; however, any retailer who, in connection with the retailer's purchase, receives not only the discounts ordinarily allowed upon purchases by a retailer, but also, in whole or in part, discounts ordinarily allowed on purchases by a distributor shall, in determining costs to the retailer pursuant to this section, add the cost to the distributor, as defined in paragraph (j), to the basic cost of cigarettes to said retailer as well as the cost of doing business by the retailer. See Indiana Code 24-3-2-2
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• data exchange agreement: means an agreement concerning the exchange of any GIS data or framework data. See Indiana Code 4-23-7.3-1
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• delivery container: means a permanent container used by:

  Indiana Code 24-4-5-1.2

• delivery sale: means a transaction for the purchase of tobacco products in which an offer to purchase tobacco products is made:

  Indiana Code 24-3-5-1

• Department: shall mean the alcohol and tobacco commission or its duly authorized assistants and employees. See Indiana Code 24-3-2-2
• department: refers to the department of state revenue. See Indiana Code 24-3-4-3
• department: means the department of state revenue. See Indiana Code 24-3-5.4-4
• Devise: To gift property by will.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Distributor: means a person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale or licensing. See Indiana Code 24-1-5-1
• Distributor: shall mean and include every person who sells, barters, exchanges, or distributes cigarettes in the state of Indiana to retail dealers for the purpose of resale, or who purchases for resale cigarettes from a manufacturer of cigarettes or from a wholesaler, jobber, or distributor outside the state of Indiana who is not a distributor holding a registration certificate issued under the provisions of IC 6-7-1. See Indiana Code 24-3-2-2
• distributor: includes the following:

  Indiana Code 24-3-5-1.5

• distributor: means a person that:

  Indiana Code 24-3-5.4-5

• distributor: means a distributor (as defined in IC 6-7-1-6) that holds a registration certificate issued under IC 6-7-1-16. See Indiana Code 24-3-6-2
• electronic cigarette: means a device that is capable of providing an inhalable dose of nicotine by delivering a vaporized solution. See Indiana Code 24-3-7-4
• electronic delivery device: means any product that:

  Indiana Code 24-3-7-5

• electronic map: has the meaning set forth in IC 5-14-3-2. See Indiana Code 4-23-7.3-2
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• 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.
• 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
• exhibition: means showing a motion picture to the public for a charge. See Indiana Code 24-1-5-1
• Exhibitor: means a person engaged in the business of operating one (1) or more theaters. See Indiana Code 24-1-5-1
• Fiduciary: A trustee, executor, or administrator.
• 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.
• framework data: means common electronic map information for a geographic area. See Indiana Code 4-23-7.3-3
• Fraud: Intentional deception resulting in injury to another.
• fund: refers to the Indiana mapping data and standards fund established by section 19 of this chapter. See Indiana Code 4-23-7.3-4
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• GIS: refers to geographic information systems. See Indiana Code 4-23-7.3-5
• IGIC: refers to the nonprofit entity known as the Indiana Geographic Information Council, or its successor organization. See Indiana Code 4-23-7.3-6
• importer: means a person that imports, other than for personal consumption, one (1) or more brand families of a nonparticipating manufacturer. See Indiana Code 24-3-5.4-5.5
• importer: means a person that brings cigarettes into the United States for sale or distribution. See Indiana Code 24-3-6-3
• Improper means: includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. See Indiana Code 24-2-3-2
• in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• invite bids: means a written or oral solicitation by a distributor to one (1) or more exhibitors to bid for the right to exhibit a motion picture. See Indiana Code 24-1-5-1
• 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
• 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: has the meaning set forth in Indiana Code 24-3-4-5
• 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}
• licensed: means holding a license issued under section 9 of this chapter. See Indiana Code 24-3-6-4
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• manufacturer: means a person who manufactures a product made from tobacco that is made for smoking or chewing, including snuff. See Indiana Code 24-3-4-6
• manufacturer: means a person that manufactures or otherwise produces cigarettes to be sold in the United States. See Indiana Code 24-3-6-5
• Master Settlement Agreement: means the settlement agreement (and related documents) entered into on November 23, 1998, by the state and leading United States tobacco product manufacturers. See Indiana Code 24-3-3-6
• master settlement agreement: has the meaning set forth in IC 24-3-3-6. See Indiana Code 24-3-5.4-6
• merchant: means a person or an entity that engages in the selling of tobacco products by delivery sale. See Indiana Code 24-3-5-2
• Misappropriation: means :

  Indiana Code 24-2-3-2

• Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
• newly qualified nonparticipating manufacturer: means a nonparticipating manufacturer:

  Indiana Code 24-3-5.4-6.5

• nicotine liquid container: means a bottle or other container that:

  Indiana Code 24-3-7-6

• nonparticipating manufacturer: means a tobacco product manufacturer that is not a participating manufacturer. See Indiana Code 24-3-5.4-7
• Oath: includes "affirmation" and "to swear" includes to "affirm". See Indiana Code 1-1-4-5
• Oath: A promise to tell the truth.
• 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.
• participating manufacturer: has the meaning set forth in IC 24-3-3-12(1). See Indiana Code 24-3-5.4-8
• 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.
• Person: includes one (1) or more individuals, partnerships, limited liability companies, associations, societies, trusts, organizations, or corporations. See Indiana Code 24-1-5-1
• Person: means a natural person, limited liability company, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. See Indiana Code 24-2-3-2
• person: means an individual, partnership, committee, association, corporation, or any other organization or group of persons. See Indiana Code 24-3-3-3
• person: has the meaning set forth in IC 24-3-2-2(b). See Indiana Code 24-3-4-7
• person: has the meaning set forth in IC 6-7-1-4. See Indiana Code 24-3-6-6
• Person: shall be deemed to mean a person, firm, partnership, association, limited liability company, or corporation. See Indiana Code 24-4-3-1
• persons: whenever used in this chapter shall be deemed to include corporations, associations, limited liability companies, joint stock companies, partnerships, limited or otherwise, existing under or authorized by the laws of the state of Indiana, or of the United States, or of any state, territory, or district of the United States, or of any foreign country. See Indiana Code 24-1-2-10
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• political subdivision: has the meaning set forth in IC 36-1-2-13. See Indiana Code 4-23-7.3-7
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Property: includes personal and real property. See Indiana Code 1-1-4-5
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• qualified escrow fund: has the meaning set forth in IC 24-3-3-7. See Indiana Code 24-3-5.4-9
• registrant: means a supplier of a circulating product or the owner of a delivery container who has filed under section 1 of this chapter a description of a name, mark, or device used to indicate the ownership of the circulating product or delivery container. See Indiana Code 24-4-5-1.3
• Registration certificate: refers to the registration certificate issued to cigarette distributors by the department of state revenue under IC 6-7-1-16. See Indiana Code 24-3-2-2
• released claims: means Released Claims as that term is defined in the Master Settlement Agreement. See Indiana Code 24-3-3-8
• releasing parties: means Releasing Parties as that term is defined in the Master Settlement Agreement. See Indiana Code 24-3-3-9
• 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.
• Retailer: shall mean every person, other than a distributor, who purchases, sells, offers for sale, or distributes cigarettes to consumers or to any person for any purpose other than resale, irrespective of quantity or amount or the number of sales. See Indiana Code 24-3-2-2
• retailer: means a person that sells cigarettes to a consumer. See Indiana Code 24-3-6-7
• Run: means the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. See Indiana Code 24-1-5-1
• second-hand watch: shall be deemed to mean:

  Indiana Code 24-4-3-1

• 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.
• stamp: has the meaning set forth in IC 6-7-1-9. See Indiana Code 24-3-6-8
• stamping agent: means a person that may affix a stamp to a package of cigarettes under IC 6-7-1-15. See Indiana Code 24-3-5.4-10
• state agency: has the meaning set forth in IC 4-13-1-1. See Indiana Code 4-23-7.3-8
• state data center: refers to the state data center established under Indiana Code 4-23-7.3-9
• state GIS officer: refers to the individual appointed under section 13 of this chapter. See Indiana Code 4-23-7.3-10
• statewide base map: means an electronic map of Indiana consisting of framework data for Indiana. See Indiana Code 4-23-7.3-11
• statewide data integration plan: means a plan:

  Indiana Code 4-23-7.3-12

• Statute: A law passed by a legislature.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Theater: means an establishment in which motion pictures are exhibited to the public regularly for a charge. See Indiana Code 24-1-5-1
• tobacco product manufacturer: means an entity that after June 30, 1999, directly (and not exclusively through any affiliate):

  Indiana Code 24-3-3-10

• tobacco product manufacturer: has the meaning set forth in IC 24-3-3-10. See Indiana Code 24-3-5.4-11
• Trade screening: means the showing of a motion picture by a distributor at some location within the state which is open to any exhibitor from whom the distributor intends to invite bids or with whom the distributor intends to negotiate for the right to exhibit the motion picture. See Indiana Code 24-1-5-1
• Trade secret: means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:

  Indiana Code 24-2-3-2

• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• 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
• units sold: means the number of individual cigarettes sold in Indiana by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer, or similar intermediary or intermediaries) during the year in question. See Indiana Code 24-3-3-11
• units sold: has the meaning set forth in IC 24-3-3-11. See Indiana Code 24-3-5.4-12
• 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.
• Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5