H 3963 Session 111 (1995-1996)
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.
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