A BILL FOR AN ACT ENTITLED: “THE IESHIA WALKS-CROOKED ARM ACT” “AN ACT TO PROVIDE FOR THE PROTECTION OF PERSON(S) (GENERAL PUBLIC) WHO HAVE BEEN INVOLVED IN A MOTOR VEHICLE VS. LIVESTOCK ACCIDENT WITHIN THE EXTERIOR BOUNDARIES OF THE CROW INDIAN RESERVATION” WHEREAS, the Tribal Districts located within the Exterior Boundaries, towns and communities have repeatedly suffered the loss of property, life, physical impairment and hardship due to the high incidents of automobile accidents involving loose or straying livestock on the highway and public rights-of-ways; and Whereas, there has been and continues to be a rather large number of livestock animals killed or injured as a result of these accidents involving loose or straying livestock on or along the public highways and rights-of-ways; and Whereas, livestock owners which do not have sufficient pasture, range, feed, or time to attend fences, gates and cattle guards have repeatedly allowed their animals to forage on the public rights-of-ways and within the town sites, districts and communities and within housing clusters sites; and Whereas, these loose and straying, unattended livestock animals have caused thousands and thousands of dollars in property damage to residents of the Crow Reservation and to tourists and the general public; and Whereas, a high number of insurance claims against the livestock owners involved in these accidents are denied because the insurance company failed to recognize Tribal Law and Order Codes and bases their decisions solely on information obtained from the livestock owner or persons not having the authority or jurisdiction to release information relating to the status of Tribal lands; and Whereas, certain areas have a continuing problem of loose or straying livestock owned by one individual who is repeatedly having livestock struck by motor vehicles on a frequent basis; and Whereas, certain areas have a continuing problem of non-Indian individuals placing livestock on land not leased by the individual but adjacent to land leased by the non-Indian individual and then claiming to have a verbal lease agreement with the non-leased land owner; and Whereas, the Crow Tribe must take immediate action to alleviate the continued suffering of both livestock animals and humans and to ensure the Insurance companies retained by the livestock owners comply with the Crow Tribal Law and Order codes; Whereas, the ability of the non-Indian cattle ranchers within the exterior boundaries to escape prosecution by hiding under the Montana Open Range law needs to be addressed, as Crow Tribal members are losing thousands and thousands of dollars in damages and death of its people; Whereas, the Crow Tribal Law and Order Code currently contains provisions that criminalize the abandonment of animals on public roads, at CLOC § 8B-8-206(1)(c), and criminal sanctions for such conduct, at CLOC § 8B-8-206(3); NOW, THEREFORE, BE IT HEREBY ENACTED AS CROW TRIBAL LAW BY THE CROW TRIBAL LEGISLATURE IN REGULAR SESSION: Section 1(a): Intent- Crow Tribal Insurance Commissioner/office It is the intention of this act to establish an office maintained by the Crow Tribe to moderate between the livestock owner and its insurance carrier and the party(ies) involved in a motor vehicle vs. livestock accident so as to ensure that all parties are in compliance with Tribal Law; To maintain a record of motor vehicle vs. livestock accidents, their locations and the parties involved and to keep a record of the decisions by the insurance companies pertaining to settled claims/unsettled claims; To maintain a record of the number of incidents involving the same livestock/livestock owner and to ensure none of the parties involved can falsify information; To ensure the insurance companies comply with Tribal code; and to establish an officer for the sole duty of checking each livestock owner’s compliance with the lease agreement and to police them. This office can be funded by applying an additional fee to the required fees already being paid by persons leasing Tribal lands and by fines applied to livestock owners in non-compliance with Tribal Codes and who have been charged and convicted or accused of violations of the Crow Tribal Law and Order Codes and/ or requiring a deposit of an amount specified by the commissioner’s office to cover any potential problems which may arise in addition to providing insurance information on the livestock owner. Due to the high unemployment rate and lack of jobs in the reservation communities, most Tribal members can only afford liability insurance on their vehicles, if they have insurance at all. Because of this, when a Tribal member, or member of the general public with only liability insurance is involved in an accident with livestock, their insurance usually winds up paying the livestock owner for his losses while his insurance also pays him for his livestock- double payment on one animal. Most attorney’s will not take a case which occurred on the Reservation for various reasons, or require an exuberantly high retainer fee if they do, which most Tribal members cannot afford. This act will allow the Crow Tribe to police the insurance companies and the livestock owners to ensure they are in compliance with all Tribal codes as specified by Tribal Code 3-2-203 “The Crow Tribe shall have jurisdiction over all persons who enter, reside or transact civil business within the exterior boundaries of the Crow Reservation”. It will eliminate the dispute between open vs. closed range which allows livestock owners to walk away free with no liability by claiming “open range”. This act will allow the Tribe to inspect fence lines, gates and cattle guards located within the exterior boundaries and to issue tickets and fines for livestock owners with fence’s, gate’s and cattle guards found to be in disrepair; It authorizes the Crow Tribe to issue stop business order’s against livestock owners who are repeatedly allowing livestock to wander, stray or trespass on the public rights-of-ways and/or have a repeated history of loose livestock being hit by vehicles. It will allow the Crow Tribe to terminate the lease(s) of livestock owners in violation of the CLOC. It will authorize the tribe to confiscate any animals found to be wandering or straying on the public rights-of-ways, roads or along roads and those animals belonging to a livestock owner found to be a repeat offender. The infrastructure needed to create a successful program is already in place through the already established fish and game department and the commissioner’s office can be an extension of the fish and game office and/or the Buffalo ranger division. Vehicles, radios and dispatching services are already in place. Revenue generated through enforcement can be maintained by the tribal finance office already in place. A Tribal Insurance Commissioner’s office. A watch dog.
Posted on: Tue, 01 Oct 2013 04:56:49 +0000