The Senate will consider a bill today that would create a succession plan for the lieutenant governor, fixing an issue that could have ended the 2009 leadership coup early.

The measure, sponsored by Sen. Joe Griffo, R-Rome, would allow the governor to fill the lieutenant governor’s office if there’s a vacancy. The pick would be subject to Senate approval. There is no Assembly same-as measure.

The lack of a succession plan went into relief in 2009, when two Democratic lawmakers — Sens. Pedro Espada and Hiram Monserrate — joined with Republicans to overthrow the Democratic majority.

When Monserrate switch back to the Democratic fold, the Senate was tied 30-30. Because Eliot Spitzer had resigned in disgrace leaving Gov. David Paterson in charge, the temporary president of the Senate became the acting lieutenant governor.

It was unclear during the coup if Dean Skelos was filling that job or if it was Pedro Espada — that latter of which was an especially horrifying prospect for good-government groups and Democratic lawmakers. Paterson tried to appoint Richard Ravitch to fill the job, but then-Attorney General Andrew Cuomo said the appointment was illegal.

The Court of Appeals, however, ruled in favor of Paterson.

From the bill memo:

The recent vacancy in the office of Lieutenant-Governor has called attention to the fact that under current law, there is no method available to appoint a new Lieutenant-Governor. This bill would enact a system identical to the one used under the Federal Constitution to fill a vacancy in the office of the Vice-President. Requiring separate votes from each House of the Legislature, rather than a single vote in joint
session, ensures that no single House has enough votes to confirm the nomination by itself.

UPDATE:
Senator Griffo tells CapTon that he is going to lay the bill aside today, because it doesn’t have an Assembly sponsor. He has introduced this bill for the past 4 years, even before the Senate coup. He tells us that the inspiration for the bill actually came from Alfred DelBello’s resignation back in 1985.