CHAIRMAN KELLY announced that a proposed Senate Rules committee                                                                 
substitute had been prepared for SJR 40-CONST AM:ELECTION & TERMS                                                               
OF GOV & LT GOV.  He explained that the proposed committee                                                                      
substitute addresses the concern of when the new governor shall                                                                 
take office.  In the original resolution, the new governor was to                                                               
take office in early December, according to the Constitution.  That                                                             
date would not leave enough time to hold a runoff election.  The                                                                
proposed committee substitute allows that the next governor will                                                                
take office on the third Tuesday in January which is the same date                                                              
that the Legislature convenes on a gubernatorial election year.                                                                 
                                                                                                                                
SENATOR ELLIS stated that several people wanted to testify on the                                                               
proposed committee substitute but they were unaware of the                                                                      
Committee's schedule.                                                                                                           
                                                                                                                                
CHAIRMAN KELLY noted that he is aware that opposition to SJR 40 and                                                             
the proposed committee substitute exists but that the same debate                                                               
can occur on the floor that could occur in the Committee.                                                                       
                                                                                                                                
SENATOR MILLER moved to adopt the proposed committee substitute to                                                              
SJR 40.                                                                                                                         
                                                                                                                                
SENATOR ELLIS objected.  The motion carried with Senators Miller,                                                               
Pearce, and Chairman Kelly voting "yea," and Senators Leman and                                                                 
Ellis voting "nay."                                                                                                             
                                                                                                                                
SENATOR LEMAN moved to calendar, at the Chairman's discretion, all                                                              
versions of SJR 40-CONST AM:ELECTION & TERMS OF GOV & LT GOV with                                                               
individual recommendations.                                                                                                     
                                                                                                                                
SENATOR ELLIS objected.  The motion carried with Senators Leman,                                                                
Miller, Pearce, and Chairman Kelly voting "yea," and Senator Ellis                                                              
voting "nay."