Pennsylvania Act 2004-181 — AGRICULTURE EDUCATION LOAN FORGIVENESS ACT - AGRICULTURE EDUCATION LOAN FORGIVENESS PROGRAM AND FUNDING

Act text

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