If Schweitzer receives the bill before lawmakers adjourn, possibly Thursday, he can make an amendatory veto suggesting changes to the bill that the House and Senate would vote on.

If he gets the bill after they leave, Schweitzer has three choices: sign it into law, veto it or let it take law without his signature.

Schweitzer said he hopes he has a chance to propose suggested changes to SB423.

"Unfortunately, if they don't allow us to get our amendments up to them, it's likely to not survive legal challenges," he said. "It seems to us unconstitutional on its face."

Essmann said later he received a series of amendments from Schweitzer's staff that the governor wants to make to SB423. He said he agreed with House leaders to review the suggested amendments together and decide what they want to do.

Essmann said all three branches of government each get to offer their opinions on the constitutionality of legislation.