Tucker v. South Carolina Department of Highways & Public Transportation

Moore, Justice:

This case is before us in our original jurisdiction to determine whether S.C. Code Ann. § 12-27-400, as amended effective July 1, 1993, violates article I, § 8, of the South Carolina Constitution. We hold it does not.

Section 12-27-400 governs the use of “C” funds which are generated by a tax on all gasoline sold in this State. In 1992, plaintiff successfully challenged the former version of this statute as a violation of article I, § 8, which safeguards the separation of powers. We held unconstitutional the provisions of § 12-27-400 that required the approval of a county’s…