text:
Background: Shaken baby syndrome often occurs after shaking in response to crying bouts. We questioned whether the use of the educational materials from the Period of PURPLE Crying program would change maternal knowledge and behaviour related to shaking.
Methods: We performed a randomized controlled trial in which 1279 mothers received materials from the Period of PURPLE Crying program or control materials during a home visit by a nurse by 2 weeks after the birth of their child. At 5 weeks, the mothers completed a diary to record their behaviour and their infants' behaviour. Two months after giving birth, the mothers completed a telephone survey to assess their knowledge and behaviour.
Results: The mean score (range 0–100 points) for knowledge about infant crying was greater among mothers who received the PURPLE materials (63.8 points) than among mothers who received the control materials (58.4 points) (difference 5.4 points, 95% confidence interval [CI] 4.1 to 6.5 points). The mean scores were similar for both groups for shaking knowledge and reported maternal responses to crying, inconsolable crying and self-talk responses. Compared with mothers who received control materials, mothers who received the PURPLE materials reported sharing information about walking away if frustrated more often (51.5% v. 38.5%, difference 13.0%, 95% CI 6.9% to 19.2%), the dangers of shaking (49.3% v. 36.4%, difference 12.9%, 95% CI 6.8% to 19.0%), and infant crying (67.6% v. 60.0%, difference 7.6%, 95% CI 1.7% to 13.5%). Walking away during inconsolable crying was significantly higher among mothers who received the PURPLE materials than among those who received control materials (0.067 v. 0.039 events per day, rate ratio 1.7, 95% CI 1.1 to 2.6).
The Period of PURPLE Crying program materials15 use the association between crying and shaken baby syndrome to educate parents about the dangers of shaking and the importance of sharing this information with other caregivers. Because shaken baby syndrome can occur by week 2,1,5,6 information should be given to parents before or soon after birth.
The aim of our study was to investigate the effect of providing mothers with the Period of PURPLE Crying materials on their knowledge and behaviour related to the prevention of shaken baby syndrome.
Participants were recruited from hospitals in the Greater Vancouver Area, British Columbia, between May 2005 and November 2006. We included mothers who had an uneventful pregnancy, a healthy singleton infant (> 37 weeks' gestation), access to a DVD player and who were fluent in English. Research assistants or discharge nurses recruited mothers at 6 hospitals by obtaining consent for initial contact. After obtaining verbal consent to participate either in person or by telephone, participants were randomly assigned to receive the Period of PURPLE Crying materials (an 11-page booklet and a DVD) or the control injury prevention materials (2 brochures and a DVD about infant safety) during routine visits with a public health nurse within 2 weeks after discharge. The package included a Baby's Day Diary16 with instructions, a sealed envelope with the study materials, and a teddy bear. Nurses demonstrated how to use the diary during the visit. The nurses were blinded as to whether the mothers received the PURPLE materials or the injury prevention materials.
Five weeks after giving birth, the participating mothers were contacted by telephone 1 day before and 1 day after starting to use the diary to facilitate completion of the diary. At 8 weeks, the mothers were telephoned by an independent research group whose staff were blinded to the study hypotheses, materials and groups. The mothers completed a questionnaire, which took about 20 minutes. Participants received a certificate of appreciation and a $25 cheque.
The questionnaire included questions about the mother's knowledge about crying and shaking, behaviour in the past month in response to crying and inconsolable crying, the number and relationships of caregivers other than mother, and whether information was shared with each caregiver. Because there were no previously established relevant measures of crying, shaking or safety knowledge and behaviours, all questions were created for this study. Outcome measures were defined during data collection and prior to analysis.
Ethics approval was granted by the behavioural ethics review board of the University of British Columbia.
The PURPLE materials were developed by the National Center on Shaken Baby Syndrome.15 The letters in PURPLE each stand for a property of crying in healthy infants that frustrates caregivers (P for peak pattern, in which crying increases, peaks during the second month and then declines; U for unexpected timing of prolonged crying bouts; R for resistance to soothing; P for pain-like look on the child's face; L for long crying bouts; and E for late afternoon and evening clustering). The PURPLE materials reinforce that these are normal properties, suggest ways to soothe, underline that soothing is not always expected to work, describe why inconsolable crying is frustrating to parents, and suggest 3 guidelines when caring for a crying infant. First, parents are encouraged to use typical calming responses (carry, comfort, walk and talk) with their infants. Second, if the crying is too frustrating, it is okay put the baby down in a safe place, walk away, calm yourself and then return to check on the baby. Third, never shake a baby.
The PURPLE materials describe shaken baby syndrome, and emphasize telling other caregivers about the “period of PURPLE crying,” the frustration of caring for a crying child, the dangers of shaking, and the recommended responses to the baby's crying. The materials do not claim that inconsolable crying is consolable if caregivers act appropriately;9–11,17 rather, the program acknowledges the frustration that occurs when an infant is inconsolable.
We included 8 primary outcome measures. Of these, 5 were scales that measured crying knowledge, shaking knowledge, general responses to crying, responses to inconsolable crying, and self-talk responses to inconsolable crying (Appendix 1, available at www.cmaj.ca/cgi/content/full/cmaj.081419/DC1). We transformed the scales to the range of 0–100 points; higher scores indicated better knowledge or improved behaviours. Three outcomes measured information-sharing behaviours, defined as the percentage of mothers who shared information with at least 1 caregiver for each of 3 topics: crying, walking away if frustrated, and the danger of shaking.
For several outcomes, we determined that 1052–4058 participants were required to achieve 90% power to detect a mean difference of 10% between participants in the intervention and control groups, using α = 0.05 for a 2-sided test with equal numbers in each group. We sought to enroll about 1200 mothers.
For primary analyses, we used known data. However, we also performed parallel sensitivity analyses using multiple imputation based on the method of chained equations (regression switching), randomly sampling the imputed values from the posterior predictive distribution of the missing data.32–34 Unless noted, the results of analyses using multiple imputation methods were essentially the same as the results obtained using known data.
The analytic strategy was determined independently of any results from the study. For continuous measures, the mean difference between participants in the PURPLE group and the control was estimated by use of a t test. For diary event counts, we estimated the incidence rate ratios (RR) using negative binomial regression.35,36 We used tests of statistical interaction to examine subgroups based on education, whether the intervention was read or viewed, parity (1st child v. > 1st child), and whether the infant had inconsolable crying. Main effect terms were included for tests of interaction.37 If measures were not normally distributed, we confirmed significance using a nonparametric comparison.
We approached 3240 mothers (Figure 1), and 2331 mothers were invited to participate. Of these, 1833 mothers in 4 health regions consented to participate and were randomly assigned to permuted blocks of 2 or 4. Because our aim was to test the materials and not the delivery of the materials, we excluded participants who did not receive a visit from a nurse or who were lost to follow-up. The final intention-to-treat analysis included 649 mothers who received the PURPLE materials and 630 mothers who received the control materials who completed the interview, diary, or both. The baseline characteristics of mothers in both groups were similar, which suggests that there was no selection bias (Table 1).
Of the 1279 participants, data about age were missing for 3%, education for 3%, family income for 9% and marital status for 3%. Data for all 5 knowledge and behaviour scales were missing for 4% of women. Compared with women who responded to at least 1 primary outcome scale, women missing data for all 5 primary outcome scales had less education (completed high school, 24% v. 14%), lower incomes (< $40 000, 74% v. 23%) and were less often in the intervention arm (40% v 51%). Age and marital status were similar among women with data for at least 1 outcome and those missing data for 5 outcomes. All 4 of the diary measures were missing for 17% of the participants.
Scores on the scale that measured crying knowledge were higher among mothers who received the PURPLE materials (63.8 points) than among mothers who received the control materials (58.4 points, difference 5.4 points, 95% CI 4.1 to 6.5 points, p < 0.001). The difference in the scores for shaking knowledge were not statistically significant between the 2 groups (84.0 points v. 83.2 points, difference 0.8 points, 95% CI –0.4 to 1.9 points, p = 0.20).
Compared with the scores among mothers who received control materials, the scores were higher among mothers who received the PURPLE materials for response to crying (48.3 points v. 48.2 points, difference 0.1 points, 95% CI –1.5 to 1.7 points, p = 0.90), response to inconsolable crying (27.7 points v. 26.0 points, difference 1.7 points, 95% CI –0.6 to 4.1 points, p = 0.15), and self-talk response (36.0 points v. 32.9 points, difference 3.1 points, 95% CI –0.3 to 6.4, p = 0.08). These differences were not statistically significant.
More mothers in the PURPLE group than in the control group shared information with other caregivers about walking away if frustrated by inconsolable crying (51.5% v. 38.5%, difference 13.0%, 95% CI 6.9% to 19.2%, p < 0.001), the danger of shaking (49.3% v. 36.4%, difference 12.9%, 95% CI 6.8% to 19.0%, p < 0.001), and crying (67.6% v. 60.0%, difference 7.6%, 95% CI 1.7% to 13.5%, p = 0.01).
When we performed the analysis using only known data, mothers who received the PURPLE materials were more likely than mothers who received the control materials to walk away when their infant cried inconsolably (0.067 times per day v. 0.039 times per day, RR 1.7, 95% CI 1.1 to 2.6, p = 0.01). When we performed the analysis using multiply imputed data, walking away occurred 1.5 times more frequently among mothers in the PURPLE group than among mothers in the control group (0.066 times per day v. 0.044 times per day, RR 1.5, 95% CI 1.0 to 2.2, p = 0.05).
There was no significant difference in the frequency of picking up the infants between mothers in the PURPLE group (3.57 times per day) and mothers in the control group (3.61 times per day, RR 0.99, 95% CI –0.9 to 1.1, p = 0.83). There was no difference in the length of time of contact when the infant was distressed among mothers in the PURPLE group (109.8 minutes per day) and those in the control group (106.1 minutes per day; difference 3.7 minutes per day, 95% CI –4.2 to 11.6, p = 0.36). The level of frustration was not statistically different between mothers in the PURPLE group (1.19) and those in the control group (1.25) (difference –0.06, 95% CI –0.18 to 0.05, p = 0.26). The duration and frequency of distress, fussing, crying and inconsolable crying were not statistically different between the groups (all p > 0.1).
The effect of receiving the PURPLE materials on maternal knowledge about crying was greater among women who watched the DVD, read the materials, or both (Table 2). The effect of PURPLE materials on knowledge about shaking was greater among those with more education. There was little evidence that the effect of the PURPLE materials varied on any other scale by education level, reading or viewing the materials, being the mother's first baby, or inconsolable crying.
We found that mothers who received the PURPLE materials scored 5% higher than mothers who received the control materials on the scales that measured knowledge about crying. Compared with mothers who received the control materials, mothers who received the PURPLE materials more often shared descriptions of crying (8% difference), advice about walking away if frustrated (13% difference) and warnings about the danger of shaking (13% difference). Small improvements on the behaviour scales for crying and inconsolable crying were not statistically significant. Walk-away behaviour when faced with inconsolable crying was 1.7 times more frequent among mothers who received the PURPLE materials than among those who received the control materials. Maternal contact, the number of pick-up events during distress and the daily levels of frustration were similar between the 2 groups. The difference in knowledge about crying varied depending on whether the mothers viewed or read, or both, the materials provided. This supports the interpretation that use of the materials resulted in the observed difference. There is no evidence that the education level of the mother (except for shaking knowledge), being the first baby, or inconsolable crying influenced the effect of the intervention. Thus, the PURPLE program may be effective in other populations unless they differ in terms of demographic characteristics not measured in this study.
Since the normality of frustrating properties of early increased crying is neither widely known nor accurately represented in parental advice literature,38 the significant increase in crying knowledge was important. As previously reported,39 mothers' awareness of the dangers of shaking was high in both groups, and we found no further gain after receipt of the PURPLE materials compared with the control materials. The change in knowledge about crying represented a Cohen's effect size40 of 0.46, which was twice the average effect size of short-term (0.23) or long-term (0.27) effects of 108 interventions that measured changes in parenting knowledge and attitudes.41 The gain in information-sharing behaviours about the normal properties of crying, walking away if frustrated, and the danger of shaking is important because, after the biological parents, temporary caregivers (especially men) are the most common perpetrators of shaking.13,42–44 Mothers who received the PURPLE materials reported a higher rate of walking away with inconsolable crying, as recommended by the PURPLE program.
A similar randomized controlled trial of the PURPLE materials has been performed in Seattle, United States.32 The materials were delivered to mothers in prenatal classes, maternity wards and pediatric offices by research assistants (not health care professionals). There was a 6.2 point increase in crying knowledge, a 6.5% increase in sharing information about walking away and a 5.6% increase in shared information about shaking dangers among those who received the PURPLE materials compared with those who received the control materials. Reading or viewing the materials, or both, was associated with higher scores for crying knowledge. In contrast with our study, the Seattle study found that there was a significant 1.3 point increase in shaking knowledge but that there was no difference in sharing knowledge about crying and walking away from inconsolable crying. There were no site-specific differences related to where or when the materials were received. This suggests that there might be a small benefit of early interventions after birth or by public health nurses.
The second limitation of our study was that the outcome measures were based on maternal reports, not direct observations. Entries in Baby's Day Diary have the advantage of being less susceptible to memory bias, but only 4 days of behaviour were sampled. Third, missing data may have resulted in biased estimates unless the data were missing at random. Fourth, we did not adjust for multiple outcomes, which increases the probability of findings based on chance. Finally, these results may not be generalizable to other populations. However, our trial was moderately large, had a blinded, randomized controlled design, and we performed intention-to-treat analyses with known data. It is less likely that missing data biased the findings because we performed parallel sensitivity analyses using multiple imputation methods.
This study was not designed, nor was it large enough, to test whether receipt of the PURPLE materials reduced the incidence of shaken baby syndrome. However, these results are encouraging that some knowledge and behaviours may be amenable to change when materials are delivered soon after birth during home visits by public health nurses. These findings complement the small number of reports4,32 that have reported that practical and contextually relevant materials presented to parents before or shortly after birth can change knowledge and behaviours and perhaps reduce the incidence of shaken baby syndrome.4 Whether the materials from the Period of PURPLE Crying program reduce the incidence of shaken baby syndrome and other forms of inflicted trauma to infants when implemented in clinical practice and community settings remains to be examined.
Funding: This study was supported by the British Columbia Ministry of Children and Family Development, the British Columbia Children's Hospital, the Human Early Learning Partnership, and a Child and Family Research Institute establishment grant to Ronald Barr. None of the funding agencies had any role in the design and conduct of the study; the collection, management, analysis and interpretation of the data; or the preparation, review or approval of the manuscript.
Contributors: Ronald Barr and Marilyn Barr were responsible for the conception and design of the study. Ronald Barr, Marilyn Barr, Jocelyn Conway and Nicole Catherine were responsible for the acquisition of data. Takeo Fujiwara, Rollin Brant and Ronald Barr performed the data analysis and interpretation. Ronald Barr drafted the manuscript, and all of the authors revised it critically for important intellectual content. Ronald Barr and Marilyn Barr obtained the funding for this study, and supervised this study along with Nicole Catherine and Jocelyn Conway. All of the authors approved the version submitted for publication.
Acknowledgements: The authors acknowledge the collaboration of the following individuals: Jessica Lam, Cynthia Lee, Brianne Grant, Claire Yambao and Yuki Li (Centre for Community Child Health Research, Vancouver, BC); Barbara Selwood, RN (BC Children's and Women's Hospital); managers, educators and nurses at BC Women's and Lions Gate Hospitals and at the Three Bridges, North, Evergreen, Pacific Spirit, Raven Song, Parkgate, Central and West Health Units (Vancouver Coastal Health Authority); managers, educators and nurses at Burnaby, Langley Memorial, Surrey Memorial and Royal Columbian Hospitals and at the Burnaby, Cloverdale, Guildford, Langley, Newton, North Surrey, North and South Delta, New Westminster, Port Coquitlam and Tri-Cities Health Units (Fraser Health Authority); Dr. Jennifer McNab, director (Telephone Survey Unit, Department of Epidemiology and Biostatistics, University of Western Ontario, London, Ont.); and Clara Robbins and Jeremy Berland (BC Ministry of Children and Family Development).
Competing interests: Marilyn Barr is the executive director of the National Center on Shaken Baby Syndrome (NCSBS), a nonprofit organization. She receives no support other than salary support as executive director of NCSBS. Ronald Barr is a member of the International Advisory Board of NCSBS. He receives no compensation for this role other than travel and lodging expenses for meetings. Ronald Barr and Marilyn Barr are married. Ronald Barr and NCSBS jointly hold the registered trademark for The Period of PURPLE Crying (Reg. No. 2,962,262). Ronald Barr received no financial benefit from Period of PURPLE Crying products sold by NCSBS through to the end of June 2007. In December 2007, the governing board of the NCSBS offered a royalty agreement to Ronald Barr for a minor share of the net profits from the future sale of Period of PURPLE Crying products in recognition of his intellectual property contribution. Marilyn Barr was not involved in the creation of this agreement. She was intentionally excluded and uninvolved in the discussions, preparations and review of the agreement to avoid any perception of a conflict of interest. The agreement was signed on December 22, 2007.
Rollin Brant is a biostatistical consultant to CMAJ and was not involved in the editorial decision-making process for this article.
None declared for Takeo Fujiwara, Jocelyn Conway and Nicole Catherine.
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§7-11B-2. Findings and legislative purpose.
§7-11B-6. Application for development or redevelopment plan.
§7-11B-8. Project plan — approval.
§7-11B-9. Project plan – amendment.
§7-11B-10. Termination of development or redevelopment district.
§7-11B-11. Costs of formation of development or redevelopment district.
§7-11B-13. Conflicts of interest; required disclosures and abstention.
§7-11B-14. Projects financed by tax increment financing considered to be public improvements subject to prevailing wage, local labor preference and competitive bid requirements.
§7-11B-15. Reports by county commissions and municipalities, contents, and publication; procedure to determine progress of project; reports by Development Office, content of reports; rule-making authority; Development Office to provide manual and assistance.
§7-11B-16. Valuation of real property.
§7-11B-17. Division of ad valorem real property tax revenue.
§7-11B-18. Payments in lieu of taxes and other revenues.
§7-11B-19. Tax increment obligations generally.
§7-11B-20. Tax increment financing obligations -- authority to issue.
§7-11B-21. Tax increment financing obligations -- authorizing order or ordinance.
§7-11B-22. Tax increment financing obligations -- terms, conditions.
§7-11B-23. Tax increment financing obligations -– security -– marketability.
§7-11B-24. Tax increment financing obligations -- special fund for repayment.
§7-11B-25. Tax increment financing obligations – Tax exemption.
§7-11B-27. Computation of local share for support of public schools when tax increment financing is used.
§7-11B-29. Joint development or redevelopment districts.
§7-11B-30. Application by Division of Highways.
This article may be known and cited as "The West Virginia Tax Increment Financing Act".
(a) It is found and declared to be the policy of this state to promote and facilitate the orderly development and economic stability of its communities. County commissions need the ability to raise revenue to finance capital improvements and facilities that are designed to encourage economic growth and development in geographic areas characterized by high levels of unemployment, stagnant employment, slow income growth, contaminated property or inadequate infrastructure. The construction of necessary capital improvements in accordance with local economic development plans will encourage investing in job-producing private development and expand the public tax base.
(b) It is also found and declared that capital improvements or facilities in any area that result in the increase in the value of property located in the area or encourage increased employment within the area will serve a public purpose for each taxing unit possessing the authority to impose ad valorem taxes in the area.
(2) To assist local governments that have a competitive disadvantage in their ability to attract business, private investment or commercial development due to their location; to encourage remediation of contaminated property; to prevent or arrest the decay of selected areas due to the inability of existing financing methods to provide capital improvements and facilities; and to encourage private investment designed to promote and facilitate the orderly development or redevelopment of selected areas.
“Conservation area” means any improved area within the boundaries of a development or redevelopment district located within the territorial limits of a municipality or county in which fifty percent or more of the structures in the area have an age of thirty-five years or more. A conservation area is not yet a blighted area but is detrimental to the public health, safety, morals or welfare and may become a blighted area because of any one or more of the following factors: Dilapidation; obsolescence; deterioration; illegal use of individual structures; presence of structures below minimum code standards; abandonment; excessive vacancies; overcrowding of structures and community facilities; lack of ventilation, light or sanitary facilities; inadequate utilities; excessive land coverage; deleterious land use or layout; depreciation of physical maintenance; and lack of community planning. A conservation area shall meet at least three of the factors provided in this subdivision.
“County commission” means the governing body of a county of this state and, for purposes of this article only, includes the governing body of a Class I, Class II or Class III municipality in this state.
“Governing body of a municipality” means the city council of a Class I, Class II or Class III municipality in this state.
The powers conferred by this article are in addition and supplemental to the powers conferred upon county commissions and municipalities by the Legislature relating to the issuance of industrial and commercial development bonds and refunding bonds.
(a) An agency or a project developer may apply to a county commission or the governing body of a municipality for adoption of a development or redevelopment project plan. The application shall state the project's economic impact, viability, estimated revenues and potential for job creation and such other information as the county commission or the governing body of the municipality may require.
(b) Copies of the application shall be made available to the public in the county clerk's office or the municipal recorder's office when the application is filed with the governing body of a municipality.
(a) County commissions and the governing bodies of Class I, Class II or Class III municipalities, upon their own initiative or upon application of an agency or a developer, may propose creation of a development or redevelopment district and designate the boundaries of the district: Provided, That a district may not include noncontiguous land.
(c) After the public hearing, the county commission, or the governing body of the municipality, shall finalize the boundaries of the development or redevelopment district, the development or redevelopment project plan, or both, and submit the same to the director of the Development Office for his or her review and approval. The director, within sixty days after receipt of the application, shall approve the application as submitted, reject the application or return the application to the county commission or governing body of the municipality for further development or review in accordance with instructions of the director of the Development Office. A development or redevelopment district or development or redevelopment project plan may not be adopted by the county commission or the governing body of a municipality until after it has been approved by the executive director of the Development Office.
(f) Notwithstanding subsection (d) of this section, a county commission may not enter an order approving a development or redevelopment project plan unless the county commission expressly finds and states in the order that the development or redevelopment project is not reasonably expected to occur without the use of tax increment financing.
(g) Notwithstanding subsection (d) of this section, the governing body of a municipality may not adopt an ordinance approving a development or redevelopment project plan unless the governing body expressly finds and states in the ordinance that the development or redevelopment project is not reasonably expected to occur without the use of tax increment financing.
(a) The county commission or municipality creating the district shall cause the preparation of a project plan for each development or redevelopment district and the project plan shall be adopted by order of the county commission, or ordinance adopted by the governing body of the municipality, after it is approved by the executive director of the Development Office. This process shall conform to the procedures set forth in this section.
(15) A certificate from the sheriff of the county or counties in which the development or redevelopment district is located that the project developer is not delinquent on payment of any real and personal property taxes in such county.
(5) Any other provisions as may be deemed necessary in order to carry out any tax increment financing to be used for the development or redevelopment project.
(d) If less than all of the tax increment is to be used to fund a development or redevelopment project or to pay project costs or retire tax increment financing, the project plan shall set forth the portion of the tax increment to be deposited in the tax increment financing fund of the development or redevelopment district and provide for the distribution of the remaining portion of the tax increment to the levying bodies in whose jurisdiction the district lies.
(e) The county commission or governing body of the municipality that established the tax increment financing fund shall hold a public hearing at which interested parties shall be afforded a reasonable opportunity to express their views on the proposed project plan being considered by the county commission or the governing body of the municipality.
(1) Notice of the hearing shall be published as a Class II legal advertisement in accordance with section two, article three, chapter fifty-nine of this code.
(2) At least 30 days prior to this publication, a copy of the notice and a copy of the proposed project plan shall be sent by first-class mail to the chief executive officer of all other levying bodies having the power to levy taxes on property located within the proposed development or redevelopment district.
(f) Approval by the county commission or the governing body of a municipality of an initial development or redevelopment project plan must be within one year after the date of the county assessor’s certification required by subdivision (6), subsection (b) of this section: Provided, That additional development or redevelopment project plans may be approved by the county commission or the governing body of a municipality in subsequent years, so long as the development or redevelopment district continues to exist. The approval shall be by order of the county commission or ordinance of the municipality, which shall contain a finding that the plan is economically feasible.
(a) The county commission may by order, or the governing body of a municipality by ordinance, adopt an amendment to a project plan.
(b) Adoption of an amendment to a project plan shall be preceded by a public hearing held by the county commission, or governing body of the municipality, at which interested parties shall be afforded a reasonable opportunity to express their views on the amendment.
(2) Prior to publication, a copy of the notice shall be sent by first-class mail to the chief executive officer of all other local levying bodies having the power to levy taxes on property within the development or redevelopment district.
(3) Copies of the proposed plan amendments shall be made available to the public at the county clerk's office or municipal clerk's office at least fifteen days prior to the hearing.
(c) One or more existing development or redevelopment districts may be combined pursuant to lawfully adopted amendments to the original plans for each district: Provided, That the county commission, or governing body of the municipality, finds that the combination of the districts will not impair the security for any tax increment financing obligations previously issued pursuant to this article.
(a) No development or redevelopment district may be in existence for a period longer than thirty years and no tax increment financing obligations may have a final maturity date later than the termination date of the area or district.
(b) The county commission or governing body of the municipality creating the development or redevelopment district may set a shorter period for the existence of the district. In this event, no tax increment financing obligations may have a final maturity date later than the termination date of the district.
(c) Upon termination of the district, no further ad valorem tax revenues shall be distributed to the tax increment financing fund of the district.
(d) The county commission shall adopt, upon the expiration of the time periods set forth in this section, an order terminating the development or redevelopment district created by the county commission: Provided, That no district shall be terminated so long as bonds with respect to the district remain outstanding.
(e) The governing body of the county commission shall repeal, upon the expiration of the time periods set forth in this section, the ordinance establishing the development or redevelopment district: Provided, That no district shall be terminated so long as bonds with respect to the district remain outstanding.
(a) The county commission, or the governing body of a municipality, may pay, but shall have no obligation to pay, the costs of preparing the project plan or forming the development or redevelopment district created by them.
(b) If the county commission, or the governing body of the municipality, elects not to incur those costs, they shall be made project costs of the district and reimbursed from bond proceeds or other financing or may be paid by developers, property owners or other persons interested in the success of the development or redevelopment project.
The boundaries of any development and redevelopment districts shall not overlap with any other development or redevelopment district.
(a) If any member of the governing body of an agency applying for a development or redevelopment district or a development or redevelopment project plan, a member of the county commission considering the application or a member of the governing body of a municipality considering the application owns or controls an interest, direct or indirect, in any property included in the development or redevelopment district, or proposed development or redevelopment district, he or she shall refrain from any further official involvement in regard to such application shall abstain from voting on any matter pertaining to such application, and shall abstain from communicating with other members concerning any matter pertaining to such application.
(5) Does not approve, vote for or otherwise authorize the payment of public funds, including, but not limited to, tax increment revenues, pursuant to or as a result of the contract.
(c) Additionally, no member of the county commission or governing body of a municipality considering a development or redevelopment district or project plan, no member of the governing body of an agency proposing a development or redevelopment district or project plan, or any employee of the county, municipality or agency shall acquire any interest, direct or indirect, in any property in a development or redevelopment district or project area, or a proposed development or redevelopment district or project area, during the period of time between when the individual first obtains personal knowledge of the development or redevelopment district or project plan and the completion of the public hearing regarding the development or redevelopment district or project plan or on a date which the county commission or governing body of a municipality publicly announces that the development or redevelopment district or project plan is no longer under consideration.
(a) Any project acquired, constructed, or financed, in whole or in part, by a county commission or municipality under this article shall be considered to be a "public improvement" within the meaning of the provisions of articles one-c, chapter twenty-one of this code.
(b) The county commission or municipality shall, except as provided in subsection (c) of this section, solicit or require solicitation of competitive bids and require compliance with article one-c, chapter twenty-one of this code for every project or infrastructure project funded pursuant to this article exceeding $25,000 in total cost: Provided, That the provisions of article two-d, chapter seventeen of this code may apply where applicable to projects subject to an intergovernmental agreement with the Commissioner of Highways.
(c) Following the solicitation of the bids, the construction contract shall be awarded to the lowest qualified responsible bidder, who shall furnish a sufficient performance and payment bond: Provided, That the county commission, municipality or other person soliciting the bids may reject all bids and solicit new bids on the project.
(d) No officer or employee of this state or of any public agency, public authority, public corporation, or other public entity, and no person acting or purporting to act on behalf of such officer or employee or public entity shall require that any performance bond, payment bond, or bid bond required or permitted by this section be obtained from any particular surety company, agent, broker or producer.
(4) Apply to any situation where the county commission or municipality comes to an agreement with volunteers, or a volunteer group, by which the governmental body will provide construction or repair materials, architectural, engineering, technical or any other professional services and the volunteers will provide the necessary labor without charge to, or liability upon, the governmental body: Provided, That the total cost of the construction or repair projects does not exceed $50,000.
(f) The provisions of subsections (a) and (b) of this section apply to any specific project, whether privately or publicly owned or constructed on private or public lands, that are financed or to be financed, in whole or in part, with tax increment or proceeds of tax increment financing obligations: Provided, That, the provisions of subsections (a) and (b) of this section do not apply to any project or part of a project that is privately owned and financed without any tax increment or proceeds of tax increment financing obligations.
(18) Any additional information the county commission or the municipality preparing the report deems necessary or that the executive director of the Development Office may by procedural rule require.
(b) Data contained in the report required by subsection (a) of this section shall be deemed a public record as defined in article one, chapter twenty-nine-b of this code.
(1) The county commission's annual report shall be published on its web site, if it has a web site. If the county does not have a web site, the annual report shall be published on the web site of the Development Office.
(2) The municipality's annual report shall be published on its web site, if it has a web site. If the municipality does not have a web site, the annual report shall be published on the web site of the Development Office.
(4) Any additional information the county commission or municipality deems necessary or appropriate to publish.
(d) Five years after the establishment of a development or redevelopment plan, and every five years thereafter, the county commission or municipality that approved the plan shall hold a public hearing regarding that development or redevelopment plan and the projects created or to be created in the development or redevelopment district pursuant to this article.
(1) The purpose of the public hearing is to determine if the development or redevelopment plan and the proposed project or projects are making satisfactory progress under the proposed time schedule contained within the approved plans for completion of the projects.
(2) Notice of this public hearing shall be given in a newspaper of general circulation in the county, or in the municipality for a municipal plan, once each week for four successive weeks immediately prior to the hearing.
(3) Public hearings on development and redevelopment plans and projects may be held as part of a regular or special meeting of the county commission, or governing body of the municipality, that adopted the plan.
(e) The executive director of the Development Office shall submit a report to the Governor, the Speaker of the House of Delegates and the President of the Senate no later than February first of each year. The report shall contain a summary of all information received by the executive director pursuant to this section.
(f) For the purpose of facilitating and coordinating the reports required by this section, the executive director of the Development Office may promulgate procedural rules in the manner provided in article three, chapter twenty-nine-a of this code to ensure compliance with this section.
(g) The executive director of the Development Office shall provide information and technical assistance, as requested by a county commission or the governing body of a municipality, on the requirements of this article. The information and technical assistance shall be provided in the form of a manual, written in an easy-to-follow manner, and through consultations with staff of the Development Office.
(h) By October 1, each year, each agency that proposed a development or redevelopment plan that was approved by a county commission, or the governing body of a municipality, and each county commission, or governing body of a municipality, that approved a development or redevelopment plan that was not proposed by an agency shall report to the executive director of the Development Office the name, address, phone number and primary line of business of any business that relocates to the development or redevelopment district during the immediately preceding fiscal year of the state. The executive director shall compile and report the same to the Governor, the Speaker of the House of Delegates and the President of the Senate by February 1 of the next calendar year.
(a) Upon and after the effective date of the creation of a development or redevelopment district, the county assessor of the county in which the district is located shall transmit to the county clerk a certified statement of the base assessed value, total ad valorem regular levy rate, total general obligation bond debt service ad valorem rate and total excess levy rate applicable for the development or redevelopment district.
(1) The assessor shall undertake, upon request of the county commission, or the governing body of the municipality, creating the development or redevelopment district, an investigation, examination and inspection of the taxable real and tangible personal property having a tax situs in the district and shall reaffirm or revalue the base value for assessment of the property in accordance with the findings of the investigation, examination and inspection.
(2) The county assessor shall determine, according to his or her best judgment from all sources available to him or her, the full aggregate assessed value of the taxable property in the district, which aggregate assessed valuation, upon certification thereof by the assessor to the clerk, constitutes the base value of the development or redevelopment district.
(b) The county assessor shall give notice annually to the designated finance officer of each levying body having the power to levy taxes on property within each district of the current value and the incremental value of the property in the development or redevelopment district.
(c) The assessor shall also determine the tax increment by applying the applicable ad valorem regular levy rates to the incremental value.
(d) The notice shall also explain that the entire amount of the tax increment allocable to property within the development or redevelopment district will be paid to the tax increment financing fund of the development or redevelopment district until it is terminated.
(e) The assessor shall identify upon the landbooks those parcels of property that are within each existing development or redevelopment district, specifying on landbooks the name of each district.
(E) The amount of ad valorem property tax revenue that should be generated by multiplying the incremental value by the applicable regular levy rates for the tax year.
(D) Applying the percentage share determined according to paragraph (E), subdivision (1) of this subsection to the revenues received and distributing such share to the tax increment financing fund of the development or redevelopment district.
(b) In each year for which there is a positive tax increment, the county sheriff shall remit to the tax increment financing fund of the development or redevelopment district that portion of the ad valorem property taxes collected that consists of the tax increment.
(c) Any additional moneys appropriated to the development or redevelopment district pursuant to an appropriation by the county commission that created the district and any additional moneys dedicated to the fund from other sources shall be deposited to the tax increment financing fund for the development or redevelopment district by the sheriff.
(d) Any funds deposited into the tax increment financing fund of the development or redevelopment district may be used to pay project costs, principal and interest on bonds and the cost of any other improvements in the development or redevelopment district deemed proper by the county commission.
(e) Unless otherwise directed pursuant to any agreement with the holders of tax increment financing obligations, moneys in the tax increment financing fund may be temporarily invested in the same manner as other funds of the county commission, or the municipality, that established the fund.
(f) If less than all of the tax increment is to be used for project costs or pledged to secure tax increment financing as provided in the plan for the development or redevelopment district, the sheriff shall account for that fact in distributing the ad valorem property tax revenues.
(a) The county commission or municipality that created the development or redevelopment district shall deposit in the tax increment financing fund of the development or redevelopment district all payments in lieu of taxes received pursuant to any agreement entered into on or subsequent to the date of creation of a development or redevelopment district on tax exempt property located within the development or redevelopment district.
(2) The portions of the in lieu tax payment attributable to levies for bonded indebtedness and excess levies shall be distributed in the same manner as those levies on other property in the district are distributed.
(c) Other revenues to be derived from the development or redevelopment district may also be deposited in the tax increment financing fund at the direction of the county commission.
(a) Tax increment obligations may be issued by a county commission, or the governing body of the municipality, to pay project costs for projects included in the development or redevelopment plan approved by the Development Office and adopted by the county commission, or the governing body of the municipality, that are located in a development or redevelopment district or on land not in the district that is contiguous to the district and which contain infrastructure or other facilities which serve the district.
(1) Tax increment financing obligations may be issued for project costs, as defined in section three of this article, which may include interest prior to and during the acquisition, construction and equipping of a project and for a reasonable time thereafter, with such reserves as may be required by any agreement securing the obligations and all other expenses incidental to planning, carrying out and financing the project.
(2) The proceeds of tax increment financing obligations may also be used to reimburse the costs of any interim financing or cash expenditures entered on behalf of projects in the development or redevelopment district.
(b) Tax increment financing obligations issued under this article shall be payable solely from the tax increment or other revenues deposited to the credit of the tax increment financing fund of the development or redevelopment district.
(c) Under no event shall tax increment financing obligations be secured or be deemed to be secured by the full faith and credit of the county commission or the municipality issuing the tax increment financing obligations.
(d) Every tax increment financing bond, note or other obligation issued under this article shall recite on its face that it is a special obligation payable solely from the tax increment and other revenues pledged for its repayment.
For the purpose of paying project costs, or for the purpose of refunding notes issued under this article for the purpose of paying project costs, the county commission or municipality creating the development or redevelopment district may issue tax increment financing obligations payable out of tax increments and other revenues deposited to the tax increment financing fund of the development or redevelopment district.
(a) Issuance of tax increment financing obligations shall be authorized by order of the county commission, or ordinance of the municipality, that created the development or redevelopment district.
(b) The order, or ordinance, shall state the name of the development or redevelopment district, the amount of tax increment financing obligations authorized, the type of obligation authorized and the interest rate or rates to be borne by the bonds, notes or other tax increment financing obligations.
(c) The order or ordinance may prescribe the terms, form and content of the tax increment financing obligations and other particulars or information the county commission, or governing body of the municipality, issuing the obligations deems useful or it may include by reference the terms and conditions set forth in a trust indenture or other document securing the development or redevelopment project tax increment financing obligations.
(a) Tax increment financing obligations may not be issued in an amount exceeding the estimated aggregate project costs, including all costs of issuance of the tax increment financing obligations.
(b) Tax increment financing obligations shall not be included in the computation of the Constitutional debt limitation of the county commission or municipality issuing the tax increment financing obligations.
(c) Tax increment financing obligations shall mature over a period not exceeding thirty years from the date of entry of the county commission's order, or the effective date of the municipal ordinance, creating the development or redevelopment district and approving the development or redevelopment plan, or a period terminating with the date of termination of the development or redevelopment district, whichever period terminates earlier.
(d) Tax increment financing obligations may contain a provision authorizing their redemption, in whole or in part, at stipulated prices, at the option of the county commission or municipality issuing the obligations, and, if so, the obligations shall provide the method of selecting the tax increment financing obligations to be redeemed.
(e) The principal and interest on tax increment financing obligations may be payable at any place set forth in the resolution, trust indenture or other document governing the obligations.
(f) Bonds or notes shall be issued in registered form.
(g) Bonds or notes may be issued in any denomination.
(h) Each tax increment financing obligation issued under this article is declared to be a negotiable instrument.
(i) The tax increment financing obligations may be sold at public or private sale.
(j) Insofar as they are consistent with subsections (a), (b) and (c) of this section, the procedures for issuance, form, contents, execution, negotiation and registration of county and municipal industrial or commercial revenue bonds set forth in article two-c, chapter thirteen of this code are incorporated by reference herein.
(k) The bonds may be refunded or refinanced and refunding bonds may be issued in any principal amount: Provided, That the last maturity of the refunding bonds shall not be later than the last maturity of the bonds being refunded.
(2) Make such covenants and do any and all such actions, not inconsistent with the Constitution of this state, which may be necessary, convenient or desirable in order to additionally secure the obligations or which tend to make the obligations more marketable according to the best judgment of the county commission or municipality issuing the tax increment financing obligations.
(a) Tax increment financing obligations issued by a county commission or municipality are payable out of the tax increment financing fund created for each development and redevelopment district created under this article.
(b) The county commission or municipality issuing the tax increment financing obligations shall irrevocably pledge all or part of the tax increment financing fund to the payment of the obligations. The tax increment financing fund, or the designated part thereof, may thereafter be used only for the payment of the obligations and their interest until they have been fully paid.
(c) A holder of the tax increment financing obligations shall have a lien against the tax increment financing fund for payment of the obligations and interest on them and may bring suit to enforce the lien.
(d) A county commission or municipality may issue and secure additional bonds payable out of the tax increment fund created for each development or redevelopment district created under this article, which bonds may rank on a parity with, or be subordinate or superior to, other bonds issued by the county commission or municipality from each such tax increment fund.
Tax increment financing obligations issued under this article, together with the interest and income therefrom, shall be exempt from all state income taxes, whether imposed on individuals, corporations or other persons, from state business franchise taxes and from ad valorem property taxes.
(a) Moneys received in the tax increment financing fund of the development or redevelopment district in excess of amounts needed to pay project costs and debt service may be used by the county commission or municipality that created the development or redevelopment district for other projects within the district or distributed to the levying bodies as provided in this article.
(b) Upon termination of the district, all amounts in the tax increment financing fund of the district shall be paid over to the levying bodies in the same proportion that ad valorem property taxes on the base value was paid over to those levying bodies for the tax year in which the district is terminated.
For purposes of any computation made in accordance with the provisions of section eleven, article nine-a, chapter eighteen of this code, for a county in which there is tax increment financing in effect pursuant to this article, the assessed value shall be the current assessed value minus the amount of assessed value used to determine the tax increment amount, minus any other adjustments allowed by section eleven of said article.
Notwithstanding the effective date of this act of the Legislature, this article shall not become operational and shall have no force and effect until the day the people ratify an amendment to the Constitution of this state authorizing tax increment financing secured by ad valorem property taxes.
(a) The Legislature hereby finds and declares that the citizens of the state would benefit from coordinated road construction efforts by county commissions, municipalities and the division of highways.
(b) Notwithstanding any other section of this code to the contrary, any two or more county commissions, any two or more municipalities, or any combination thereof, may: (1) Create a combined development or redevelopment district; (2) propose joint project plans; (3) propose joint amendments to an existing project plan for combined development or redevelopment district; and (4) enter into one or more intergovernmental agreements between themselves and/or the Commissioner of Highways to share: (A) Project expenses; and (B) certain property tax collections, on a pro rata or other basis, to facilitate construction of projects within the combined development or redevelopment district and to jointly take such other actions as are authorized in this article.
(c) When a project begins in one county and ends in another county of this state, the county commission of each county included in a multicounty project may, by resolution, adopt a written intergovernmental agreement with each county and/or the Commissioner of Highways regarding the proposed multicounty project. When the project begins or passes through the corporate limits of a municipality, the governing body of that municipality may by resolution adopt a written intergovernmental agreement with the county or counties in which the project is located.
(d) No county commission or municipality may withdraw from an intergovernmental agreement as long as tax increment financing obligations remain outstanding for which the proceeds were used by any party to the intergovernmental agreement to finance construction of the project for which the written intergovernmental agreement was executed.
(e) No withdrawing county commission or municipality shall be entitled to the return of any money or property advanced to the project.
(f) Notwithstanding any provision of this code to the contrary, any county commission or municipality that creates a development or redevelopment district may enter into one or more intergovernmental agreements with one or more other counties or municipalities that also create a development or redevelopment district to finance, in whole or in part, one or more projects, to pool tax increment and other revenues to finance, in whole or in part, contiguous projects on a cash basis or to pay debt service on tax increment financing obligations.
(g) The obligations of the parties under any intergovernmental agreement executed pursuant to this article are not debt within the meaning of sections six or eight, article X of the Constitution of West Virginia.
(h) Any intergovernmental agreement must be approved by resolution adopted by a majority vote of the county commission of each county participating in the agreement, by a majority vote of the governing body of each municipality participating in the agreement and by the Commissioner of Highways.
(i) The Commissioner of Highways is authorized to enter into intergovernmental agreements with county commissions and municipalities of this state, or with the federal government or any agency thereof, respecting the financing, planning, and construction of state roads and bridges, including related infrastructure if any, constructed, in whole or in part, pursuant to this article.
(a) The Commissioner of Highways may propose creation by a county commission or municipality of development or redevelopment areas or districts and project plans, or propose amendments to an existing project plans. This plan may include related infrastructure that is necessary or convenient to economic development adjacent to the proposed project.
(b) Project plans proposed by the Commissioner of Highways are limited to those related to the construction, reconstruction, improvement or modernization of state roads, as defined in article four, chapter seventeen of this code, that are part of the state road system, as defined in that article or that will become part of the state road system upon completion of the construction. All construction, reconstruction, improvement or modernization and maintenance of state roads shall be done by or under the supervision of the Commissioner of Highways.
(c) All road projects that are accepted as part of the state road system, and all real property interests and appurtenances, is under the exclusive jurisdiction and control of the Commissioner of Highways, who may exercise the same rights and authority as he or she has over other transportation facilities in the state road system.
(d) Except as provided in an intergovernmental agreement executed by one or more county commissions, municipalities and/or the Commissioner of Highways and as provided in this article, a county commission or municipality may not be required to pay for the cost of constructing, reconstructing, improving, maintaining a road that is part of the state road system as defined in article four, chapter seventeen of this code or to pay any other expense fairly related to that road.
(e) The powers conferred by this article on the Commissioner of Highways or the Division of Highways are in addition and supplemental to the powers conferred upon the Commissioner of Highways, the Division of Highways, and the Department of Transportation by the Legislature elsewhere in this code.

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Appeal from the Supreme Court, Queens County (Golar, J.).
On May 8, 1989, Robert Bostick was struck and killed by an automobile operated by Hazel Wright. Wright was subsequently indicted for two counts of murder in the second degree (Penal Law § 125.25, ). After a jury trial, she was acquitted of intentional murder (Penal Law § 125.25) but convicted of depraved indifference murder (Penal Law § 125.25). That judgment was affirmed by this Court (see, People v. Wright, 198 A.D.2d 249).
Marie Bostick, as administratrix of the estate of Robert Bostick, subsequently commenced a wrongful death action against Hazel Wright, and the owner of the vehicle, Eugene Wright. Allstate Insurance Company, Eugene Wright's automobile insurance carrier, commenced the instant action for a judgment declaring that it had no obligation to defend or indemnify Hazel Wright in the wrongful death action.
It is well settled that a carrier can be relieved of its duty to defend if it establishes as a matter of law that there is no possible factual or legal basis on which it might eventually be obligated to indemnify its insured under any policy provision (see, Villa Charlotte Bronte v. Commercial Union Ins. Co., 64 N.Y.2d 846, 848; Spoor-Lasher Co. v. Aetna Cas. Sur. Co., 39 N.Y.2d 875, 876). Under the automobile insurance policy issued to Eugene Wright, Allstate agreed to provide coverage for "accidents arising out of the ownership, maintenance or use * * * of an insured auto". Hazel Wright's actions of turning her vehicle around, accelerating, and striking the decedent with enough force to crush his skull (see, People v. Wright, supra, at 250), cannot be deemed "an accident" within the meaning of the policy (see, Hancock Prop. Cas. Ins. Co. v. Warmuth, 205 A.D.2d 587). Thus, the incident which led to the death of Robert Bostick did not fall within the scope of coverage provided by Eugene Wright's automobile insurance policy.
We have examined the appellant's remaining contentions and find them to be without merit. Mangano, P.J., Rosenblatt, Ritter and Copertino, JJ., concur.


The word “commerce” means all commerce which may lawfully be regulated by Congress.
The term “principal register” refers to the register provided for by sections 1051 to 1072 of this title, and the term “supplemental register” refers to the register provided for by sections 1091 to 1096 of this title.
The term “person” and any other word or term used to designate the applicant or other entitled to a benefit or privilege or rendered liable under the provisions of this chapter includes a juristic person as well as a natural person. The term “juristic person” includes a firm, corporation, union, association, or other organization capable of suing and being sued in a court of law.
The term “person” also includes the United States, any agency or instrumentality thereof, or any individual, firm, or corporation acting for the United States and with the authorization and consent of the United States. The United States, any agency or instrumentality thereof, and any individual, firm, or corporation acting for the United States and with the authorization and consent of the United States, shall be subject to the provisions of this chapter in the same manner and to the same extent as any nongovernmental entity.
The term “person” also includes any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his or her official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this chapter in the same manner and to the same extent as any nongovernmental entity.
The terms “applicant” and “registrant” embrace the legal representatives, predecessors, successors and assigns of such applicant or registrant.
The term “Director” means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
The term “related company” means any person whose use of a mark is controlled by the owner of the mark with respect to the nature and quality of the goods or services on or in connection with which the mark is used.
The terms “trade name” and “commercial name” mean any name used by a person to identify his or her business or vocation.
to certify regional or other origin, material, mode of manufacture, quality, accuracy, or other characteristics of such person’s goods or services or that the work or labor on the goods or services was performed by members of a union or other organization.
The term “mark” includes any trademark, service mark, collective mark, or certification mark.
(1) When its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for 3 consecutive years shall be prima facie evidence of abandonment. “Use” of a mark means the bona fide use of such mark made in the ordinary course of trade, and not made merely to reserve a right in a mark.
The term “registered mark” means a mark registered in the United States Patent and Trademark Office under this chapter or under the Act of March 3, 1881, or the Act of February 20, 1905, or the Act of March 19, 1920. The phrase “marks registered in the Patent and Trademark Office” means registered marks.
The term “Act ofMarch 3, 1881”, “Act of February 20, 1905”, or “Act of March 19, 1920”, means the respective Act as amended.
A “counterfeit” is a spurious mark which is identical with, or substantially indistinguishable from, a registered mark.
The term “domain name” means any alphanumeric designation which is registered with or assigned by any domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the Internet.
The term “Internet” has the meaning given that term in section 230(f)(1) of title 47.
Acts March 3, 1881, February 20, 1905, and March 19, 1920, referred to in text, are acts Mar. 3, 1881, ch. 138, 21 Stat. 502; Feb. 20, 1905, ch. 592, 33 Stat. 724; and Mar. 19, 1920, ch. 104, 41 Stat. 533, which were repealed insofar as inconsistent with this chapter by act July 5, 1946, ch. 540, § 46(a), 60 Stat. 444. Act Feb. 20, 1905, was classified to sections 81 to 109 of this title. Act Mar. 19, 1920, had been generally classified to sections 121 to 128 of this title.
Acts Feb. 20, 1905, ch. 592, § 29, 33 Stat. 731; June 10, 1938, ch. 332, § 5, 52 Stat. 639.
2006—Pub. L. 109–312 struck out par. defining “dilution” after par. defining “abandoned”.
Pub. L. 106–113, § 1000(a)(9) [title III, § 3005], inserted pars. defining “domain name” and “Internet” after par. defining “counterfeit”.
Pub. L. 106–43, § 6(b), substituted “trademarks” for “trade-marks” in last undesignated par.
1996—Pub. L. 104–98 inserted par. defining “dilution” after par. defining “abandoned”.
“(1) When its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for two consecutive years shall be prima facie evidence of abandonment. ‘Use’ of a mark means the bona fide use of that mark made in the ordinary course of trade, and not made merely to reserve a right in a mark.
“(a) When its use has been discontinued with intent not to resume. Intent not to resume may be inferred from circumstances. Nonuse for two consecutive years shall be prima facie abandonment.
1984—Pub. L. 98–620, § 103(1), in definition of “trademark” substituted “trademark” for “trade-mark”, and substituted “identify and distinguish his goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown” for “identify his goods and distinguish them from those manufactured or sold by others”.
Pub. L. 98–620, § 103(2), in definition of “service mark” substituted “The term ‘service mark’ means a mark used in the sale or advertising of services to identify and distinguish the services of one person, including a unique service, from the services of others and to indicate the source of the services, even if that source is unknown” for “The term ‘service mark’ means a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others”.
1975—Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office” in two places and “Commissioner of Patents and Trademarks” for “Commissioner of Patents” in definition of “Commissioner”.
1962—Pub. L. 87–772 substituted, “predecessors,” for “and” in definition of “applicant” and “registrant”, “Titles, character names and other distinctive features of radio or television programs may be registered as service marks notwithstanding that they, or the programs, may advertise the goods of the sponsor” for “and includes without limitation the marks, names, symbols, titles, designations, slogans, character names, and distinctive features of radio or other advertising used in commerce”, in definition of “service mark”, inserted “or the services are rendered in more than one State or in this and a foreign country and the person rendering the services is engaged in commerce in connection therewith” in fifteenth paragraph relating to use in commerce, struck out “purchasers” after “deceive” in definition of “colorable imitation”, and substituted “commerce” for “commence” in last par. relating to the intent of the chapter.
Amendment by section 1000(a)(9) [title III, § 3005] of Pub. L. 106–113 applicable to all domain names registered before, on, or after Nov. 29, 1999, see section 1000(a)(9) [title III, § 3010] of Pub. L. 106–113, set out as a note under section 1117 of this title.
Amendment by section 1000(a)(9) [title IV, § 4732(b)(1)(A)] of Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents.
Amendment by Pub. L. 103–465 effective one year after the date on which the WTO Agreement enters into force with respect to the United States [Jan. 1, 1995], see section 523 of Pub. L. 103–465, set out as a note under section 1052 of this title.
For transfer of functions of other officers, employees, and agencies of Department of Commerce, with certain exceptions, to Secretary of Commerce, with power to delegate, see Reorg. Plan No. 5 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees.


21-4501 Classes of felonies and terms of imprisonment; crimes committed prior to July 1, 1993.
21-4501a Application of certain penalties; review and reduction of previous sentences; crimes committed prior to July 1, 1993.
21-4502 Classification of misdemeanors and terms of confinement; possible disposition.
21-4503 Fines; crimes committed prior to July 1, 1993.
21-4503a Fines, crimes committed on or after July 1, 1993.
21-4504 Conviction of second and subsequent felonies; exceptions.
21-4501. Classes of felonies and terms of imprisonment; crimes committed prior to July 1, 1993.
History: L. 1969, ch. 180, § 21-4501; L. 1978, ch. 120, § 3; L. 1982, ch. 137, § 1; L. 1984, ch. 119, § 9; L. 1988, ch. 115, § 10; L. 1992, ch. 239, § 231; July 1, 1993.
21-4501a. Application of certain penalties; review and reduction of previous sentences; crimes committed prior to July 1, 1993.
(a) The minimum term of imprisonment established by subsection (e) of K.S.A. 21-4501 and amendments thereto shall apply retrospectively to individuals sentenced on or after May 17, 1984, for a class E felony.
(b) If an individual has been sentenced to a minimum term of imprisonment of more than one year for a class E felony and the sentence was imposed on or after May 17, 1984, such minimum sentence is hereby reduced to one year.
(c) If an individual's minimum term of imprisonment is reduced by this section, the individual shall be eligible for parole as provided by K.S.A. 22-3717 and amendments thereto, based upon the individual's reduced minimum term of imprisonment.
History: L. 1984, ch. 119, § 10; L. 1988, ch. 115, § 11; L. 1992, ch. 239, § 232; July 1, 1993.
21-4502. Classification of misdemeanors and terms of confinement; possible disposition.
(a) Class A, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed one year.
(b) Class B, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed six months.
(c) Class C, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed one month.
(d) Unclassified misdemeanors, which shall include all crimes declared to be misdemeanors without specification as to class, the sentence for which shall be in accordance with the sentence specified in the statute that defines the crime; if no penalty is provided in such law, the sentence shall be the same penalty as provided herein for a class C misdemeanor.
(2) Upon conviction of a misdemeanor, a person may be punished by a fine, as provided in K.S.A. 21-4503 and amendments thereto, instead of or in addition to confinement, as provided in this section.
(3) In addition to or in lieu of any other sentence authorized by law, whenever there is evidence that the act constituting the misdemeanor was substantially related to the possession, use or ingestion of cereal malt beverage or alcoholic liquor by such person, the court may order such person to attend and satisfactorily complete an alcohol or drug education or training program certified by the chief judge of the judicial district or licensed by the secretary of social and rehabilitation services.
(4) Except as provided in subsection (5), in addition to or in lieu of any other sentence authorized by law, whenever a person is convicted of having committed, while under 21 years of age, a misdemeanor under K.S.A. 41-719, 41-727, sections 1 through 17 [of 2009 HB 2236] or 8-1599, and amendments thereto, the court shall order such person to submit to and complete an alcohol and drug evaluation by a community-based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008 and amendments thereto and to pay a fee not to exceed the fee established by that statute for such evaluation. If the court finds that the person is indigent, the fee may be waived.
(5) If the person is 18 or more years of age but less than 21 years of age and is convicted of a violation of K.S.A. 41-727, and amendments thereto, involving cereal malt beverage, the provisions of subsection (4) are permissive and not mandatory.
History: L. 1969, ch. 180, § 21-4502; L. 1977, ch. 117, § 2; L. 1979, ch. 90, § 4; L. 1989, ch. 95, § 4; L. 1996, ch. 211, § 5; L. 1999, ch. 57, § 28; L. 2009, ch. 32, § 31, July 1.
21-4503. Fines; crimes committed prior to July 1, 1993.
History: L. 1969, ch. 180, § 21-4503; L. 1979, ch. 90, § 5; L. 1983, ch. 135, § 3; L. 1984, ch. 39, § 34; L. 1990, ch. 100, § 3; L. 1992, ch. 239, § 233; July 1, 1993.
21-4503a. Fines, crimes committed on or after July 1, 1993.
(1) For any off-grid felony crime or any felony ranked in severity level 1 of the drug grid as provided in K.S.A. 21-4705 and amendments thereto, a sum not exceeding $500,000.
(2) For any felony ranked in severity levels 1 through 5 of the nondrug grid as provided in K.S.A. 21-4704 and amendments thereto or in severity levels 2 or 3 of the drug grid as provided in K.S.A. 21-4705 and amendments thereto, a sum not exceeding $300,000.
(3) For any felony ranked in severity levels 6 through 10 of the nondrug grid as provided in K.S.A. 21-4704 and amendments thereto or in severity level 4 of the drug grid as provided in K.S.A. 21-4705 and amendments thereto, a sum not exceeding $100,000.
(4) For an unclassified misdemeanor, any sum authorized by the statute that defines the crime. If no penalty is provided in such law, the fine shall not exceed the fine provided herein for a class C misdemeanor.
(c) As an alternative to any of the above fines, the fine imposed may be fixed at any greater sum not exceeding double the pecuniary gain derived from the crime by the offender.
(d) A person who has been convicted of a traffic infraction may be sentenced to pay a fine which shall be fixed by the court, not exceeding $500.
(e) A person who has been convicted of a cigarette or tobacco infraction shall be sentenced to pay a fine of $25.
(f) The provisions of this section shall apply to crimes committed on or after July 1, 1993.
History: L. 1992, ch. 239, § 234; L. 1993, ch. 291, § 179; L. 1996, ch. 214, § 26; L. 1998, ch. 192, § 5; May 28.
21-4504. Conviction of second and subsequent felonies; exceptions.
(2) the court may fix a maximum sentence of not less than the least nor more than twice the greatest maximum sentence provided for the crime by K.S.A. 21-4501 and amendments thereto.
(2) the court may fix a maximum sentence of not less than the least nor more than three times the greatest maximum sentence provided for the crime by K.S.A. 21-4501 and amendments thereto.
(2) the court may fix a maximum sentence of not less than the least nor more than two times the greatest maximum sentence provided for the crime by K.S.A. 21-4501 and amendments thereto.
(d) If any portion of a sentence imposed under K.S.A. 21-107a, and amendments thereto, or under this section, is determined to be invalid by any court because a prior felony conviction is itself invalid, upon resentencing the court may consider evidence of any other prior felony conviction that could have been utilized under K.S.A. 21-107a, and amendments thereto, or under this section, at the time the original sentence was imposed, whether or not it was introduced at that time, except that if the defendant was originally sentenced as a second offender, the defendant shall not be resentenced as a third offender.
(f) A judgment may be rendered pursuant to this section only after the court finds from competent evidence the fact of former convictions for felony committed by the prisoner, in or out of the state.
History: L. 1969, ch. 180, § 21-4504; L. 1970, ch. 124, § 10; L. 1973, ch. 141, § 1; L. 1978, ch. 120, § 4; L. 1982, ch. 137, § 2; L. 1989, ch. 92, § 23; L. 1990, ch. 100, § 4; L. 1992, ch. 239, § 235; L. 1993, ch. 291, § 180; July 1.