H 3963 General Bill, By Rice, Askins and Kennedy
 A Bill to amend Section 57-5-1140, as amended, Code of Laws of South Carolina,
 1976, relating to the installation of right-of-way entrances and aprons by the
 Department of Transportation, so as to require the Department to construct
 driveways of certain lengths for personal or business use at least cost with
 its maintenance forces or with a private contractor, to require a business
 owner to reimburse the Department for driveways constructed for business use,
 and to provide a tax credit of seventy-five percent of the amount a business
 reimburses the Department.

   04/06/95  House  Introduced and read first time HJ-65
   04/06/95  House  Referred to Committee on Education and Public
                     Works HJ-65

A BILL

TO AMEND SECTION 57-5-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSTALLATION OF RIGHT-OF-WAY ENTRANCES AND APRONS BY THE DEPARTMENT OF TRANSPORTATION, SO AS TO REQUIRE THE DEPARTMENT TO CONSTRUCT DRIVEWAYS OF CERTAIN LENGTHS FOR PERSONAL OR BUSINESS USE AT LEAST COST WITH ITS MAINTENANCE FORCES OR WITH A PRIVATE CONTRACTOR, TO REQUIRE A BUSINESS OWNER TO REIMBURSE THE DEPARTMENT FOR DRIVEWAYS CONSTRUCTED FOR BUSINESS USE, AND TO PROVIDE A TAX CREDIT OF SEVENTY-FIVE PERCENT OF THE AMOUNT A BUSINESS REIMBURSES THE DEPARTMENT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 57-5-1140 of the 1976 Code, as added by Section 48A, Part II, Act 501 of 1992, is amended to read:

"Section 57-5-1140. (A) The department shall construct at its expense, and at least cost, with its maintenance forces or a private contractor the portion within the right-of-way of entrances and aprons to state highways at any point necessary not to exceed two hundred fifty feet to render adequate ingress and egress to the abutting property at locations where the driveways will not constitute hazardous conditions. The driveways must be of access to existing developed property or property that is being developed for the personal or business use of the owner and not for speculative or resale purposes. An entrance ten feet wide (paved portion) measured at right angles to the centerline of the driveway and two hundred fifty feet in length is the maximum width and length for one-way traffic. An entrance sixteen feet wide (paved portion) is the maximum width for two-way traffic. An entrance two hundred fifty feet long is the maximum length for both one and two-way traffic. If pipe culvert is necessary for drainage, the department shall install the amount necessary for twelve inch, fifteen inch, eighteen inch, twenty-four inch, or thirty inch pipe. Should the driveway installation require pipe larger than thirty inches, the department may install the pipe and charge the homeowner owner for the difference in cost between thirty inch pipe and larger diameter pipe required. Driveways requiring drainage structures other than pipe must be brought to the attention of the State Maintenance Engineer. The entrances to be constructed as outlined in this section shall include base and surfacing as necessary to provide an all weather driveway entrance. A business owner shall reimburse the department the full amount of work provided for business use under this subsection and is allowed a credit against the tax imposed pursuant to Chapter 7 of Title 12 of the 1976 Code in an amount equal to seventy-five percent of the reimbursement pay. The business owner may carry forward unused credit to the five succeeding taxable years.

(B) If wider entrances or additional entrances are requested and approved, the construction may be performed by the department at the owner's expense."

SECTION 2. This act takes effect upon approval by the Governor.