A BILL to amend and reenact sections one, two, three, four, five and six, article twelve-a, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the farm management commission generally; transferring institutional farms, equipment, assets and agricultural products from the farm management commission to the land division of the department of agriculture; making legislative findings; defining certain terms; creating the institutional farm advisory council; providing for the powers and duties of the council; providing that the land division of the department of agriculture shall manage institutional farms; providing that the commissioner of agriculture is authorized to lease certain lands, equipment and property to other persons; certain lands to be transferred to the public land corporation; and setting forth the effects the transfer will have on farm management commission employees.

The Legislature hereby finds and declares that in order to ensure economic and efficient land use; increase and improve agricultural production; and provide food for residents of state operated institutions; state-owned farms should be transferred to the state farm management commission as is provided by this article provide a means of delivering vocational training; provide a means of delivering a therapeutic work incentive program for inmates; and serve as stewards and caretakers for West Virginia agricultural and forested lands, state-owned farms should be transferred from the farm management commission to the land division of the department of agriculture. The Legislature also finds and declares that the operation of all institutional farms under one management system with a single integrated farm plan is the most efficient method of providing the food needs of the residents of state operated institutions need and will promote promotes the health and welfare of all citizens of this state.

For the purpose of this article:

There is hereby created an institutional farm advisory council and shall consist of an appointee from the division of forestry, an appointee from the West Virginia University college of agriculture and forestry, an appointee from the division of corrections, a private farmer who has been in the farming business at least five years, and a private citizen of this state, who by training or experience is knowlegeable about the field of agriculture. The farmer and the citizen shall be appointed by the commissioner. The terms for the members shall be three years and they may be reappointed. The commissioner shall be an ex officio member.

(a) On the first day of July, one thousand nine hundred ninety-four, the farm management commission shall transfer all institutional farms and all easements, mineral rights, appurtenances, farm equipment, agricultural products, inventories and farm facilities thereon, or attached thereto, to the land division of the department of agriculture, as set forth below:

(a) The land division of the department of agriculture shall manage the institutional farms, equipment and other property, transferred to it by the farm management commission, in the most efficient way to produce food products for state institutions, and shall implement the intent of the Legislature as set forth by this article.

Nothing contained in this transfer from the farm commission to the land division of the department of agriculture, pursuant to this article, shall be construed to abridge the rights of farm employees. The employees shall remain under the procedures and protections of sections ten and ten-a, article six, chapter twenty-nine of this code, subject to the limitations set forth in subsection (d), section two, article two, chapter five-f of this code.