LOCKPORT, N.Y. -- Investigators are still looking into what happened two weeks ago when the Lockport Cave and Underground Tours boat capsized, resulting in one death and several injuries.
However, New York state Senate Minority Leader Rob Ortt, who represents the area, said it quickly became clear state inspections have been irregular and which agency was responsible for oversight was unclear.
"You can see that this kind of got tossed around based on who was in office at the time or who the complaint was brought to or whatever it is. That's what we need to get away from. This can't just be we got a call so we have to go out there," Ortt, R-North Tonawanda, said.
In the short-term, the governor's office has assigned the Department of Labor to oversee the attraction but long-term, Ortt said he, the state comptroller and the governor's office believe the responsibility may be more appropriate for the State Parks Department. He and Assemblyman Mike Norris are sponsoring a bill to specifically designate State Parks with oversight of geological man-made mechanical boat attractions on man-made waterways, tunnels and lakes.
"There's a blind spot and we see this from time to time. This is not the first time in my time in the Legislature this has happened where there's clearly a legal blind spot that has to be better defined or addressed," Ortt said.
Ortt believe attractions like the cave tour have been overlooked because they don't easily fit into categories like amusement park rides but are not either on already regulated bodies of water like the Erie Canal or the Niagara River.
"I know of a couple that would probably fall under this in other parts of the state but I can't imagine it's more than probably somewhere between five and ten. I can't imagine it's a huge number," he said.
Norris said it's important people are confident Lockport attractions are open and safe after the accident made national news.
"We rely on tourism here in Lockport, our business owners, and its important for people to know they can come here and they can participate in the great attractions that we have," he said.
Ortt expects to have bipartisan support for the legislation and said he and Norris have had direct conversations with the governor's office.
"I don't know if this would've prevented a tragedy. We don't know that. We won't know that until the investigation's complete but that doesn't mean we can't take action like this to address this," he said.
The minority leader said it will also be helpful for operators to know where to bring questions and concerns.