STATE HAS A WAY OF THWARTING WILL OF PEOPLE PROPOSED HIKE IN GAS TAX HASN'T GOT A CHANCE GIVEN RECENT HISTORY.

Byline: Thomas V. McKernan

I love it when the people go to the polls and they flex their muscles,'' Gov. Arnold Schwarzenegger proclaimed after voters approved Propositions 57 and 58 earlier this month.

The people have flexed their muscles in this state for almost 100 years through California's initiative process. But state government has performed end runs around the process by finding a way to ignore some approved propositions, reducing legislators' credibility with voters and making people reluctant to trust government's promises.

Two recently approved propositions are a case in point. Instead of being used to solve our increasing traffic congestion and safety problems, the express intent of voters has been ignored by our elected officials.

Proposition 35, a 2000 initiative allowing Caltrans to contract with private companies for design and engineering of transportation projects, has yet to be used by the transportation department despite a growing backlog of projects.

Proposition 42, approved by 69 percent of the voters in 2002, dedicated the state sales tax on gasoline to transportation uses, which amounts to about $1 billion annually. Last year, the state suspended the proposition before it even had a chance to take effect thanks to a clause that allows gasoline-generated sales taxes to be placed back in the general fund during a fiscal emergency. The state is proposing to keep the suspension in place this year.

Highway and transit projects are now paying the price for these actions, while traffic congestion grows worse statewide. The suspension of Proposition 42 - borrowing transportation funds with uncertain promises of repayment - and other cuts will have cost our transportation budget at least $4.5 billion over four years if the Legislature continues its errant ways. < Now there are proposals in Sacramento to increase the gas tax. Given the ease with which the Legislature seems to dip into the pockets of transportation to make up for other shortfalls, we think a gas tax increase will be hailed by voters with about as much enthusiasm as last year's tripling of the Vehicle License Fee.

We saw what happened last year when residents felt they were unfairly being asked to clean up a mess they did not create.

We saw what happened this month when voters decided to give government a fresh chance to correct itself and fix our budget problems.

State government now has a chance to build credibility by fulfilling the wishes that voters have already expressed. By reinstating Proposition 42, California can infuse cash into projects that are ready to be built, thereby lowering construction costs since delays cost money. And by making use of Proposition 35, the state can get a jump-start on design and engineering for sorely needed and backlogged projects.

Only after the state has made good on its current obligations to motorists can it be in a credible position to ask for additional transportation funds.

Government has succeeded in addressing transportation needs when it provides a proven track record and accountability. In 2002, Riverside County had its transportation funding Measure A approved by 69 percent of voters. Its success was achieved by showing voters how the half-cent sales tax increase had been spent since it was first enacted in 1988, and how the money would be spent if voters renewed the measure.

Californians have endured decades of under-investment in transportation. To get back on track and reduce congestion, the state first needs to fulfill the promises to voters that have already been made.