AGRICULTURE EDUCATION LOAN FORGIVENESS ACT - AGRICULTURE EDUCATION LOAN
FORGIVENESS PROGRAM AND FUNDING
Act of Nov. 29, 2004, P.L. 1392, No. 181 Cl. 24
Session of 2004
No. 2004-181
SB 673
AN ACT
Amending the act of June 26, 1992 (P.L.322, No.64), entitled "An
act providing for Commonwealth support for the Agriculture
Education Loan Forgiveness Program for Pennsylvania residents
who graduate from institutions of higher education and who
apply their degrees in agriculture to family farms within
this Commonwealth," amending the title; and further providing
for definitions, for the Agriculture Education Loan
Forgiveness Program and for funding.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title of the act of June 26, 1992 (P.L.322,
No.64), known as the Agriculture Education Loan Forgiveness Act,
is amended to read:
AN ACT
Providing for Commonwealth support for the Agriculture Education
Loan Forgiveness Program for certain Pennsylvania residents
who graduate from institutions of higher education and who
apply their degrees in [agriculture to] family [farms] farm
operations, the practice of veterinary medicine or teaching
an agriculture curriculum within this Commonwealth.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agency." The Pennsylvania Higher Education Assistance
Agency.
"Agricultural products." Crops, livestock and livestock
products, and commodities, including, but not limited to:
(1) Field crops, including corn, wheat, oats, rye,
barley, hay, potatoes and dry beans.
(2) Fruits, including apples, peaches, grapes, cherries
and berries.
(3) Vegetables, including tomatoes, snap beans, cabbage,
carrots, beets, onions and mushrooms.
(4) Horticultural specialties, including nursery stock,
ornamental shrubs, ornamental trees and flowers.
(5) Cattle, sheep, hogs, goats, horses, poultry,
furbearing animals, milk, eggs and furs.
(6) Timber, wood and other wood products derived from
trees.
(7) Aquatic plants and animals and their by-products.
(8) Products derived from any of the above and other
products derived from the business of farming, including such
other products as may be manufactured, derived or prepared
from the heretofore mentioned products, raw or processed,
which are used as food for man or animals.
"Family farm." The real property of a farm owned by members
of an immediate family or by a family farm corporation used for
the production, for commercial purposes, of agricultural
products.
"Family farm corporation." A corporation of which at least
75% of its assets are devoted to the business of agriculture and
at least 75% of each class of stock of the corporation is
continuously owned by members of the immediate family.
"Immediate family member." A spouse, child, stepchild,
parent, stepparent, grandparent, brother, stepbrother, sister,
stepsister or like relative-in-law of an owner of real property.
"Mixed practice of veterinary medicine." As described by the
American Veterinary Medical Association, that type of clinical
veterinary practice or consultation which deals with more than
one categorical species, including, but not limited to,
agricultural animals.
"Practice of veterinary medicine." The practice in the field
of veterinary medicine by any person qualified by educational
training and experience in the science and techniques of
veterinary medicine and who is currently licensed to practice
veterinary medicine by the Pennsylvania State Board of
Veterinary Medicine under the act of December 27, 1974 (P.L.995,
No.326), known as the Veterinary Medicine Practice Act.
"Qualified applicant." A resident of this Commonwealth who
meets the criteria in all of the following [criteria]
paragraphs:
(1) Holds:
(i) a degree in a field related to the production of
agricultural products [or] from an accredited college or
university;
(ii) a current certification under the Department of
Education's Certification and Staffing Policies and
Guidelines Number 30-Agriculture Certification or a
successor document; or
(iii) a degree in the field of veterinary medicine,
from an [institution of higher education located within
this Commonwealth, approved by the agency for
participation under this act] accredited college or
university.
(2) [Is in] Has commenced:
(i) the first year of full-time employment or work
on a family farm [or in] on or after July 1, 1991;
(ii) the first year of full-time employment teaching
an agricultural curriculum at the elementary or secondary
level in a public or private school on or after the
effective date of this subparagraph; or
(iii) the practice of veterinary medicine, a portion
of which activity must be for the protection and
enhancement of agricultural animal health and
productivity, on or after July 1, 1991.
(3) Has:
(i) borrowed through the agency-administered
Guaranteed Student Loan Programs[.] for an educational
institution located in this Commonwealth; or
(ii) for individuals who have commenced work under
paragraph (2)(i) or practice under paragraph (2)(iii),
borrowed through the agency-administered Guaranteed
Student Loan Programs for an accredited college or
university.
"U.S.D.A. certification." Certification by the United States
Department of Agriculture that a graduate veterinarian has
successfully passed an examination and is certified to sign
health certificates allowing the interstate commerce of
agricultural animals and animal products as well as the ability
to certify regulatory testing such as bovine tuberculosis and
brucellosis.
"Veterinary medicine." That branch of medicine which deals
with the diagnosis, prognosis, treatment, administration,
prescription, operation or manipulation or application of any
apparatus or appliance for any disease, pain, deformity, defect,
injury, wound or physical condition of any animal or for the
prevention of or the testing for the presence of any disease.
Section 3. Agriculture Education Loan Forgiveness Program.
(a) Eligibility.--Qualified applicants who are selected for
the Agriculture Education Loan Forgiveness Program, in
accordance with this act, shall be eligible for payment by the
agency of a portion of the debt incurred by the applicant
through the agency-administered Guaranteed Student Loan Programs
for the education necessary to receive a degree in an
agriculturally related field. [For]
(b) Time.--The agency shall forgive a proportional part of
the applicant's loan for each year that the applicant:
(1) is employed full time on a family farm or works full
time on a family farm, a portion of which must be located
within this Commonwealth[, or];
(2) meets the requirements of paragraph (1)(ii) of the
definition of "qualified applicant" in section 2 and is
engaged as a full-time teacher of an agricultural curriculum
at the elementary or secondary level in a public or private
school within this Commonwealth; or
(3) is engaged in the mixed practice of veterinary
medicine within this Commonwealth, a portion of which
activity must be for the protection and enhancement of
agricultural animal health and productivity, and who has
obtained U.S.D.A. certification[, the agency shall forgive a
proportional part of the applicant's loan].
(c) Maximum forgiveness.--No more than $2,000 shall be
forgiven in any year, and no more than $10,000 shall be forgiven
for any applicant. [Payments] Awards shall be made in accordance
with the procedures established by the agency.
Section 5. Funding.
Loan forgiveness awards shall be made to the extent that
funds are appropriated by the General Assembly. If funds
appropriated for this act are insufficient to provide awards
under section 3 to all eligible qualified applicants, awards
shall be made to eligible qualified applicants on a pro rata
basis.
Section 3. This act shall take effect in 60 days.
APPROVED--The 29th day of November, A. D. 2004.
EDWARD G. RENDELL
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