Sections
Subchapter I Public Records 501 – 526
Subchapter II Historical Buildings, Sites, Objects and Archaeological Resources 551 – 560
Subchapter III State Museum 571 – 574

Terms Used In Delaware Code > Title 29 > Chapter 5

  • Accessible level: shall mean the first floor of the dwelling unit. See Delaware Code Title 29 Sec. 6931
  • Accessible route: shall mean a continuous, unobstructed path that complies with § 4204 of this title. See Delaware Code Title 29 Sec. 6931
  • Administering entity: shall mean any state agency, local government, municipality or any instrumentality thereof responsible for the process by which public financial assistance is allocated, distributed, conveyed, contracted, or appropriated or any entity performing those duties on behalf of any state agency, local government, municipality, or any instrumentality thereof. See Delaware Code Title 29 Sec. 6931
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Agency: means any office, department, board, commission or other separate unit of government of this State, including all branches of government: Executive, legislative and judicial. See Delaware Code Title 29 Sec. 502
  • Agency: means any state agency, authority, or any political subdivision of state or local government, including, but not limited to, county, city, township, village or municipal government, local school districts, and institutions of higher education, any state-supported institution, or a joint action agency composed of political subdivisions. See Delaware Code Title 29 Sec. 6972
  • Agency: means every board, department, bureau, commission, person or group of persons or other authority which directly receives moneys under any budget appropriation act or supplemental appropriation act and which was created and now exists or hereafter is created to:

    a. See Delaware Code Title 29 Sec. 6902

  • agency: means any department, agency or instrumentality of the State or of a political subdivision of the State, any department, agency or instrumentality of 2 or more states, or 2 or more political subdivisions of the State, or states, and any person who has the authority to acquire property by eminent domain under state law. See Delaware Code Title 29 Sec. 9301
  • Agency head: means the top official in an agency whether elected, appointed or otherwise. See Delaware Code Title 29 Sec. 6902
  • Allegation: something that someone says happened.
  • 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
  • area of operation: means the county or part of the county in and with respect to which an authority shall be created. See Delaware Code Title 29 Sec. 6960
  • 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.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Bequest: Property gifted by will.
  • business: means any lawful activity, except a farm operation, conducted primarily:

    a. See Delaware Code Title 29 Sec. 9301

  • Child: means a person who has not reached the age of 18 years. See Delaware Code Title 6 Sec. 4307
  • Commissioner: means 1 of the members of an authority appointed in accordance with the provisions of this chapter. See Delaware Code Title 29 Sec. 6960
  • comparable replacement dwelling: means any dwelling that is:

    a. See Delaware Code Title 29 Sec. 9301

  • Compensation: means the total amount paid by an agency for professional services, including reimbursed expenses, unless otherwise stated in the contract. See Delaware Code Title 29 Sec. 6902
  • Consumer lease: means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for personal, family, or household purposes. See Delaware Code Title 6 Sec. 2A-103
  • Contract: A legal written agreement that becomes binding when signed.
  • Contractor: means any person, partnership, firm, corporation, nonprofit agency or other business association who has a contract with an agency. See Delaware Code Title 29 Sec. 6902
  • 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.
  • Criteria established by the agency: as used in this chapter , shall mean those criteria established and approved pursuant to the relevant provisions of 49 C. See Delaware Code Title 29 Sec. 9301
  • 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: shall mean the Department of Labor. See Delaware Code Title 29 Sec. 6902
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • Director: means Secretary of the Department of Health and Social Services. See Delaware Code Title 29 Sec. 5519
  • Director: means , for the purposes of this chapter, the Director of the Office of Management and Budget, except as provided by § 6960 of this title, in which case it shall mean the Secretary of the Department of Labor. See Delaware Code Title 29 Sec. 6902
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • displaced person: means : any person who moves from real property, or moves personal property from real property:

    1. See Delaware Code Title 29 Sec. 9301

  • DSHA: means the Delaware State Housing Authority. See Delaware Code Title 29 Sec. 6960
  • Dwelling unit: shall mean any single family residence and each individual living unit in a duplex or triplex, or semi-detached residential building which is constructed with public financial assistance. See Delaware Code Title 29 Sec. 6931
  • Electronic bid: means the bidder, in response to an advertised invitation to bid, submits all documentation, except for information and documents specified in the invitation to bid, only through an electronic process to an identified secure electronic mail account that will not be opened by the Office or an agency until the close of the bidding period. See Delaware Code Title 29 Sec. 6902
  • Electronic submission: means the vendor, in response to an advertised request for proposal, submits all documentation, unless specified in the request for proposal, only through an electronic process to an identified secure electronic mail account that will not be opened by the Office or an agency until the close of the request for proposal submittal period. See Delaware Code Title 29 Sec. 6902
  • 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.
  • 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.
  • farm operation: means any activity conducted solely or primarily for the production of 1 or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. See Delaware Code Title 29 Sec. 9301
  • Fault: means wrongful act, omission, breach, or default. See Delaware Code Title 6 Sec. 2A-103
  • Finance lease: means a lease with respect to which:

    (i) The lessor does not select, manufacture or supply the goods;

    (ii) The lessor acquires the goods or the right to possession and use of the goods in connection with the lease; and

    (iii) One of the following occurs:

    (A) The lessee receives a copy of the contract by which the lessor acquired the goods or the right to possession and use of the goods before signing the lease contract;

    (B) The lessee's approval of the contract by which the lessor acquired the goods or the right to possession and use of the goods is a condition to effectiveness of the lease contract;

    (C) The lessee, before signing the lease contract, receives an accurate and complete statement designating the promises and warranties, and any disclaimers of warranties, limitations or modifications of remedies, or liquidated damages, including those of a third party, such as the manufacturer of the goods, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; or

    (D) If the lease is not a consumer lease, the lessor, before the lessee signs the lease contract, informs the lessee in writing

    (1) Of the identity of the person supplying the goods to the lessor, unless the lessee has selected that person and directed the lessor to acquire the goods or the right to possession and use of the goods from that person,

    (2) That the lessee is entitled under this Article to the promises and warranties, including those of any third party, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods, and

    (3) That the lessee may communicate with the person supplying the goods to the lessor and receive an accurate and complete statement of those promises and warranties, including any disclaimers and limitations of them or of remedies. See Delaware Code Title 6 Sec. 2A-103

  • Firm: means a person, organization, partnership, limited partnership, corporation, association, nonprofit agency or other business association. See Delaware Code Title 29 Sec. 6902
  • 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.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (Section 2A-309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. See Delaware Code Title 6 Sec. 2A-103
  • Government: includes the state and federal governments, and any subdivision, agency or instrumentality, corporate or otherwise, of either of them. See Delaware Code Title 29 Sec. 6960
  • Guaranteed energy performance contract: means a contract between the agency and a qualified provider for the evaluation, recommendation, and implementation of energy conservation measures, which, at minimum, shall include:

    a. See Delaware Code Title 29 Sec. 6972

  • 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.
  • housing authority: means a corporate body organized in accordance with the provisions of this chapter for the purposes, with the powers and subject to the restrictions set forth in this chapter. See Delaware Code Title 29 Sec. 6960
  • 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
  • Installment lease contract: means a lease contract that authorizes or requires the delivery of goods in separate lots to be separately accepted, even though the lease contract contains a clause "each delivery is a separate lease" or its equivalent. See Delaware Code Title 6 Sec. 2A-103
  • Labor supply ratio: means the number of skilled crafts persons per unskilled workers employed on a public works project. See Delaware Code Title 29 Sec. 6902
  • Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Delaware Code Title 6 Sec. 2A-103
  • 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
  • Lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this Article. See Delaware Code Title 6 Sec. 2A-103
  • Lease contract: means the total legal obligation that results from the lease agreement as affected by this Article and any other applicable rules of law. See Delaware Code Title 6 Sec. 2A-103
  • Lessee: means a person who acquires the right to possession and use of goods under a lease. See Delaware Code Title 6 Sec. 2A-103
  • Lessor: means a person who transfers the right to possession and use of goods under a lease. See Delaware Code Title 6 Sec. 2A-103
  • 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.
  • Lifecycle costing analysis: means the contracting agency's evaluation of costs associated with the cost of acquisition, the cost of energy consumption required for operation, the cost of maintenance and the cost of consumables that affect the State's overall cost of ownership of equipment or public works projects. See Delaware Code Title 29 Sec. 6902
  • Local government: means any county, city, town, municipality or other government, created by an act of the General Assembly, that is not a state agency, department, board or commission. See Delaware Code Title 29 Sec. 502
  • Materiel: means materials, equipment, tools, supplies, or any other personal property, but does not include real property or electric, gas, water, telephone or similar utilities. See Delaware Code Title 29 Sec. 6902
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 6 Sec. 4307
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • mortgage: means such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, under the laws of the State, together with the credit instruments, if any, secured thereby. See Delaware Code Title 29 Sec. 9301
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and "sworn" includes affirmed; and the forms shall be varied accordingly. See Delaware Code Title 6 Sec. 4307
  • 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.
  • Office: means the Office of Management and Budget; as provided in § 6960 of this title, "Department" shall mean the Department of Labor. See Delaware Code Title 29 Sec. 6902
  • On-line bidding method: means a procurement process in which the Office or an agency receives vendors' bids electronically over the Internet as either a substitute for a hard copy bid submission or in a real-time, competitive bidding event. See Delaware Code Title 29 Sec. 6902
  • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
  • 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.
  • person: means any individual, family, partnership, corporation or association. See Delaware Code Title 29 Sec. 9301
  • Personal property: All property that is not real property.
  • Persons of low income: means persons or families who lack the amount of income which is necessary, as determined by the authority undertaking a project, to enable them, without financial assistance, to live in decent, safe and sanitary dwellings, without overcrowding. See Delaware Code Title 29 Sec. 6960
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • points: shall mean the amount of credit given, out of a possible total of 41, for calculating an application's Universal Design Standards compliance for purposes of this chapter. See Delaware Code Title 29 Sec. 6931
  • Political subdivision: includes counties, cities, towns, districts, authorities and other public corporations and entities whether mandated by the Constitution or formed by an act of the General Assembly. See Delaware Code Title 29 Sec. 502
  • 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.
  • 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.
  • Professional services: means services which generally require specialized education, training or knowledge and involve intellectual skills. See Delaware Code Title 29 Sec. 6902
  • project: means any work or undertaking:

    a. See Delaware Code Title 29 Sec. 6960

  • Public building: means any edifice or building which is or is to be constructed, reconstructed, altered or repaired pursuant to a public works contract. See Delaware Code Title 29 Sec. 6902
  • Public financial assistance: shall mean :

    a. See Delaware Code Title 29 Sec. 6931

  • Public funds: means funds of the State, of any agency within the State, of any public school district, of or from the United States government or of or from any department or representative body thereof. See Delaware Code Title 29 Sec. 6902
  • Public record: means any document, book, photographic image, electronic data recording, paper, sound recording or other material regardless of physical form or characteristics, including electronic records created or maintained in electronic information systems, made, used, produced, composed, drafted or otherwise compiled or collected or received in connection with the transaction of public business or in any way related to public purposes by any officer or employee of this State or any political subdivision thereof. See Delaware Code Title 29 Sec. 502
  • Public works contract: means construction, reconstruction, demolition, alteration and repair work and maintenance work paid for, in whole or in part, with public funds. See Delaware Code Title 29 Sec. 6902
  • Qualified provider: means a person or business with a record of established projects that is experienced in the analysis, design, implementation, or installation of energy conservation measures through guaranteed energy performance contracts. See Delaware Code Title 29 Sec. 6972
  • Ramp: shall mean a surface with a running slope more than 1:20 and equal to or less than 1:12, and a cross slope less than 1:50. See Delaware Code Title 29 Sec. 6931
  • real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 6 Sec. 4307
  • Records officer: means any person or persons designated according to the provisions of this chapter, whose responsibilities include the development and oversight of agency or local government records management programs. See Delaware Code Title 29 Sec. 502
  • 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.
  • Slum: means any area where dwellings predominate which by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitary facilities, or any combination of these factors, are detrimental to safety, health and morals. See Delaware Code Title 29 Sec. 6960
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See Delaware Code Title 6 Sec. 2A-103
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Third tier contractor: means a firm that has contracted with a subcontractor to provide services and/or materiel in connection with a public works contract. See Delaware Code Title 29 Sec. 6902
  • Vital records: means those records which contain information required for government to continue functioning during a disaster, protect the rights of Delaware citizens and document the obligations of Delaware government, and reestablish operations after a calamity has ended. See Delaware Code Title 29 Sec. 502
  • Z score: means a calculation used to assess a bidder's fiscal health. See Delaware Code Title 29 Sec. 6902