LITTLE ROCK -- Arkansas lawmakers are already starting to count their veto-override votes for a controversial bill that will, if enacted, change the way local projects are funded in that state.

Soon after it passed last Friday, Attorney General Dustin McDaniel released an opinion that the Bill (HB1427) is constitutional but vulnerable to legal challenges unless it adds some safeguards.

The bill creates a "Community Assistance Commission," appointed by the House speaker and Senate president, to oversee local project grants. McDaniel's predecessor, Governor Mike Beebe, believes the bill faces "significant" legal problems going forward.

That led House speaker Benny Petrus, whose influence would be considerably increased by the bill, to announce Monday that he was surveying members to gauge whether a possible veto by Beebe of HB1427 could be over-ridden.

Legislators, who on Friday voted 78-20 to create the commission, say their move was a direct result of a recent state Supreme Court ruling that the House's previous method of funding local projects was unconstitutional.

Until recently, local improvement funds were split between the governor for funding state projects, and individual legislators for bankrolling projects in their local constituencies. But the court ruled last year that lawmakers allocating $400,000 for street improvements in the town of Bigelow was unconstitutional.

McDaniel's opinion, written by Assistant Attorney General Elisabeth A. Walker, warns that allowing legislators to appoint commission members could raise separation of power issues.

Consequently, the opinion advises lawmakers to impose safeguards to reduce the Legislature's influence over the commission. It recommends increasing the tenures and staggering the terms of the politically appointed commissioners, plus allowing some gubernatorial appointees onto the commission.

So far, Gov. Beebe has yet to indicate whether or not he intends to veto HB1427. Nor does Petrus currently know whether he has sufficient votes to over-ride a possible veto.