Tucker v. South Carolina Department of Highways & Public Transportation

This case is before us in our original jurisdiction to determine the constitutionality of S.C. Code Ann. § 12-27-400 (Supp. 1991).

Section 12-27-400 governs use of the 2.66-cent-per-gallon gasoline tax earmarked as “C” construction funds and allows 75% of a county’s apportionment of these funds to be expended for local paving and improvements. The challenged portion of the statute provides:

A majority of the legislative delegation members ... must approve the roads upon which “C” construction funds are to be expended . . . and they may contract for the improvements—

The expenditure of funds…