As the 31-31 scenario becomes increasingly possible in the Senate, both sides are boning up on the tie-breaking powers of the lieutenant governor, who presides over the chamber.

While insisting he still believes the Democratic conference he only recently joined (after blocking expelled ex-Sen. Hiram Monserrate from regaining his Queens seat in a special election), Sen. Jose Peralta admitted today it looks like LG-elect Bob Duffy could indeed end up being a very important person in Albany next year.

“They’re doing their homework just in case that is the scenario, that it is deadlocked,” Peralta said.

“We know that we in the Senate are doing our homework. The Democrats are doing their homework. I also heard that the Republicans are doing their homework. So, I’m pretty sure Cuomo’s people are doing their homework. So, I think everyone is looking into that possibility.”

As you’ll no doubt recall, former Senate Majority Leader Joe Bruno claimed that in the absence of an LG following Gov. David Paterson’s move to the governor’s office, he, as the next in the chain of ascension, should be afforded two votes on procedural matters – including leadership.

(That whole who’s-in-charge-if-I-die question was part of what spurred Paterson to fight so hard for the right to appoint Richard Ravitch LG – a move the governor believes helped end the 31-day Senate stalemate last summer).

This time, however, we have an LG, who, ironically, had to be talked into running for a job that everyone used to think was little more than window dressing. The question is: When can he exercise his tie-breaking abilities?

Experts disagree. Eric Lane, a Hofstra professor and former counsel to the Senate minority, insisted the LG can break ties on both procedure and substance. But my dad, Gerald Benjamin, disagrees.

He does not believe the LG has the right to make a so-called “casting vote” either on party leaders (the pro tempore position that Malcolm Smith now holds is an institutional job, and so the LG could vote on that) or questions of substance that would later become law.

Dad wondered how hard the Cuomo administration might push on the casting vote question, since the governor-elect’s agenda – at least when it comes to fiscal matters – is quite conservative and might be easier for him to pass if the GOP controlled the chamber.

He also said the two sides could settle things themselves by reaching a power-sharing agreement – a sort of one week on, one week off deal – which seems crazy, but has worked in other states.

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