H. B. 4527
(By Delegates Morgan, C. Miller, Canterbury, Williams and
Campbell)
[Introduced February 18, 2010; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §19-13-4 of the Code of West Virginia,
1931, as amended, relating to limiting the liability of apiary
owners and operators.
Be it enacted by the Legislature of West Virginia:
That §19-13-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 13. INSPECTION AND PROTECTION OF AGRICULTURE.
§19-13-4. Registration of bees; identification of apiaries.
(a) All persons keeping bees in this state shall apply for a
certificate of registration for bee keeping from the commissioner,
within ten days of the date that bees are acquired, by notifying
the commissioner, in writing, of the number and location of
colonies they own or rent, or which they keep for someone else,
whether the bees are located on their own property or someone
else's property. All apiary certificates of registration expire on December 31, of each year and must be renewed annually.
(b) All persons owning or operating an apiary which is not
located on their own property must post the name and address of the
owner or operator in a conspicuous place in the apiary.
(c) A person who owns or operates an apiary may not be held
liable for any simple negligence arising from the his or her acts
or omissions in providing his or her services. The limitation of
liability established by this section does not apply to intentional
tortious conduct or acts or omissions constituting gross
negligence.
NOTE: The purpose of this bill is to limit the liability of
apiary owners and operators.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.