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Limits on electronic pull tabs in North Dakota clear Legislature

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Limits on electronic pull tabs in North Dakota clear Legislature


BISMARCK — North Dakota lawmakers have inked a closing proposal limiting digital pull tabs, glitzy playing machines which have proliferated all through the state.

Key gamers say the invoice would not broaden playing — a bipartisan concern and a spotlight level of the session’s discussions of the machines.

Senate Invoice

2304

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would prohibit the place the machines could be situated and what number of machine websites a charitable group can have, in addition to what number of machines per website. The invoice additionally would mandate a 2023-24 interim legislative research of the state’s charitable playing points and improve lease for the machines.

“Each a part of this invoice doesn’t broaden gaming. Really, you may take a look at it and say it restricts. There’s one thing in right here for everyone,” mentioned Home Trade, Enterprise and Labor Committee Chairman Scott Louser, R-Minot.

The invoice by Sen. Jerry Klein, R-Fessenden, initially sought to outline an “alcoholic beverage institution” — the place charitable playing historically has taken place —

to stipulate the place the machines can go

after scrutiny in recent times of a handful of comfort shops and gasoline stations which have e-tabs. The invoice would grandfather these 4 websites.

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The state’s high playing regulator has mentioned motion from the Legislature will assist information how her workplace will proceed as to regulating e-tabs.

Candy Crude Journey Middle proprietor Brett Narloch, whose truck cease close to Grassy Butte has drawn scrutiny for having the machines, mentioned, “Typically talking, I do not like (the invoice). I want leaving these selections to native governments.

Candy Crude Journey Middle proprietor Brett Narloch, proper, testifies in March to the Senate Judiciary Committee on Home Invoice 1484. Invoice sponsor Rep. Nathan Toman, R-Mandan, is at left. Narloch’s truck cease has digital pull tab machines, which has drawn scrutiny.

Jeremy Turley / The Discussion board

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“That being mentioned, I learn it to imply that Candy Crude Journey Middle will have the ability to conduct gaming without end. That’s an excellent factor,” he informed The Bismarck Tribune.

The machines first appeared in 2018 and now quantity 4,500 at 800 websites statewide.

The Senate on Wednesday handed the invoice 38-9. The Home of Representatives later that day did the identical, 81-11.

The invoice goes to Gov. Doug Burgum, whose spokesman declined to remark.

Legal professional Common Drew Wrigley mentioned the ultimate invoice amended by a Home-Senate convention committee consists of “new provisions reflecting the legislature’s intention to gradual the dramatic growth of gaming in our state.”

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“This can be a multipurpose piece of laws that goals to revive the rigorously crafted steadiness between assist for charitable gaming and prevention of abuses of North Dakota’s gaming legal guidelines,” he mentioned.

The invoice defines an “alcoholic beverage institution” as having a retail license and being an institution “the place alcoholic drinks are offered, distributed, and consumed by visitors on the premises.” The time period particularly excludes liquor shops, gasoline stations, grocery shops and comfort shops.

E-tabs could be allowed solely in a delegated space the place individuals 21 and older can enter. Signage and rearranged furnishings may accomplish that, in response to Rep. Ben Koppelman, R-West Fargo.

koppelman2023.jpg

Rep. Ben Koppelman, R-West Fargo
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“We do not need youngsters sitting on the these e-tab machines. We do not need them to be enticed into underage gaming of any selection, and we would like the charities, the bar house owners to only be aware that these aren’t for teenagers,” he informed the Home on Wednesday.

The state Gaming Fee final 12 months moved to change the definition of a bar in guidelines to make clear that it doesn’t embrace off-sale liquor shops, gasoline stations, grocery shops or comfort shops, however does embrace bars in accommodations, bowling alleys and eating places. The rule change was “for the longer term in case nothing occurs throughout this legislative session,” State Director of Gaming Deb McDaniel mentioned.

The invoice would restrict charities to 10 machines per website. Charities licensed earlier than 2023 and their “carefully associated organizations” could be restricted to fifteen websites. Ones with extra could be grandfathered and capped.

“If they’ve 22 in the present day, that is their cap,” Koppelman mentioned.

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Sen. Bob Paulson, R-Minot, mentioned these caps would quantity to a pause in the course of the Legislature’s interim research of facets of charitable playing points.

Drew Wrigley, wearing a suit and light blue tie, is flanked by a woman with short, gray hair who wears a tan blazer while Wrigley speaks into a microphone.

State Director of Gaming Deb McDaniel, left, and North Dakota Legal professional Common Drew Wrigley focus on proposed amendments to Senate Invoice 2304, which might have an effect on charitable playing and digital pull tab machines, on April 14 in a subcommittee assembly of the Home Trade, Enterprise and Labor Committee.

Jeremy Turley / The Discussion board

Wrigley mentioned the machine limits would “forestall the creation of makeshift casinos,” and “additionally would clamp down on entities that create a number of, carefully associated organizations to evade present website limits in legislation.”

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Lease for the machines could be raised from $100 every for a website’s first 5 machines and $50 for every further, to $175 for every of the primary 5 machines and $75 for every further, capped at 10 machines whole.

Charities pay lease to bars for the machines.

The invoice additionally offers native governments “the last word say” when an eligible charity requests a location for e-tabs, however cities or counties should “accomplish that in an goal and evenhanded approach,” and might’t drive charities to conduct playing in sure bars or “attempt to manipulate the place the cash from the charity goes,” in response to Koppelman.

The lawyer common would have authority to disclaim issuance or renewal of a license for charitable playing, he mentioned.

The invoice additionally would make sure the lawyer common has authority over third-party companies that run charitable organizations’ playing.

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The necessary research would come with evaluations of charitable playing’s financial affect, dependancy therapy companies, taxes and placement of e-tabs, amongst different facets.

Enter would come from the lawyer common, charitable organizations, cities and counties, playing gear distributors and producers, and playing dependancy counselors.

“It is vital that we research this as a result of there are a whole lot of issues that we have to discover out and that want to tell the subsequent legislative session as to the place the guardrails ought to be on charitable gaming,” Koppelman mentioned.

The Home on Thursday killed Home Invoice 1497, which had similar elements to Senate Invoice 2304.





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North Dakota

ND Agriculture offering free remote session for produce growers

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ND Agriculture offering free remote session for produce growers


MINOT, N.D. (KMOT) — Produce growers in North Dakota can gain free training thanks to the North Dakota Department of Agriculture.

The session is free and will be held on Wednesday, Jan. 15, remotely.

Registration is open to anyone in the U.S., however non-produce growers will be invoiced for course materials.

Produce safety, worker health, soil amendments, and more will be topics covered in the session.

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The session will be from 9 a.m. to 5 p.m. with registration at 8:30 a.m.

To register, follow this link: https://forms.office.com/g/Ct33hhgg5z.

To ask questions about either the session or the FSMA Produce Safety Rule, please contact Katrina Hanenberg at 701-328-2307 or kmhanenberg@nd.gov.



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Judge denies Greenpeace request to investigate mailer critical of DAPL protests • North Dakota Monitor

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Judge denies Greenpeace request to investigate mailer critical of DAPL protests • North Dakota Monitor


A judge has denied a request by environmental group Greenpeace to gather evidence on a right-wing, pro-fossil fuel mailer that may have targeted potential jurors in its legal battle with Energy Transfer, the developer of the Dakota Access Pipeline.

Some Morton County residents in October reported receiving a 12-page direct mailer called “Central ND News” containing material complimentary of Energy Transfer as well as stories that highlighted criminal activity by anti-Dakota Access Pipeline protesters. 

Greenpeace is one of many activist groups that backed the demonstrations in 2016 and 2017. Protesters camped in rural south-central North Dakota for months in solidarity with the Standing Rock Sioux Tribe, which says the pipeline is a tribal sovereignty and environmental threat.

Energy Transfer filed suit against Greenpeace in Morton County District Court in 2019, accusing the group of coordinating a misinformation campaign against the company and of engaging in criminal acts during the demonstrations.

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Greenpeace seeks court permission to research mailer critical of DAPL protests

The pipeline developer seeks tens of millions of dollars in damages from Greenpeace.

Greenpeace says its role in the protests was limited, that it did not spread misinformation about Energy Transfer and that it never participated in or endorsed criminal activity. The case is scheduled for trial before a nine-person jury beginning in February.

In court documents, Greenpeace expressed concerns that the direct mailer was written specifically to give Energy Transfer the upper hand when the suit goes to trial. It requested permission from Southwest Judicial District Court Judge James Gion to conduct discovery into a Texas company that printed and distributed the Central ND News.

“We should have the right to figure out who sent it, when they did and why,” Everett Jack, an attorney representing Greenpeace, said in a hearing in December.

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Energy Transfer has disputed this claim, arguing there’s no meaningful evidence the mailer was intended to prejudice the jury. Trey Cox, representing the pipeline developer, last month called Greenpeace’s motion a “thinly veiled attempt” to delay the trial and move the case to a different court.

In a Dec. 17 order, Gion seemed to agree with Greenpeace that the mailer may have been an effort to sway jurors.

“The Court takes an extremely dim view of attempts to influence a jury panel before the trial,” he wrote.

Still, the judge found it would not be appropriate to approve the discovery request without further evidence the mailer has had a measurable impact on the jury pool.

“There is only one way to determine if such an attempt is successful, and unfortunately the Court agrees with Energy Transfer that way is through the jury questionnaires and jury selection,” he wrote in the order. “If the Court cannot empanel a jury in Morton County, there will obviously be a delay in the trial and the Court can revisit this issue at that time.”

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The direct mailer resembles a print newspaper. Its distribution in Morton County residents was first reported in a joint article by the North Dakota News Cooperative and climate news publication Floodlight. The article identifies the owner of the publication as Metric Media, which has launched hundreds of conservative-leaning local news outlets that rely heavily on algorithmically generated content.

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In appeal, man tied to former Sen. Ray Holmberg says search warrant in his own case was unconstitutional

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In appeal, man tied to former Sen. Ray Holmberg says search warrant in his own case was unconstitutional


FARGO — A Grand Forks man connected to a former North Dakota senator who traveled abroad with plans to sexually abuse children is appealing

his own federal child sex abuse conviction,

arguing a search warrant in the case was unconstitutional.

Nicholas James Morgan-Derosier, 37, argued evidence showing he possessed child sex abuse material should have been thrown out due to what his defense team called an “overbroad” search warrant. The warrant was used to search Morgan-Derosier’s home in September 2020 for evidence that he violated a judicial order that banned him from doing business as Team Lawn, his landscaping business.

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The search turned up a thumb drive that contained child sex abuse materials, according to court documents. Police applied for a search warrant once they found images of children being sexually abused, court documents said.

The evidence likely would have been used in a trial in North Dakota U.S. District Court, but Morgan-Derosier pleaded guilty in September 2023 to charges that said he received, distributed and possessed child sex abuse materials. The plea came after U.S. District Judge Peter Welte denied Morgan-Derosier’s motion to suppress.

Prosecutors also said the defendant sexually abused multiple children over the years, including some he met online and lured to a physical location. Morgan-Derosier and another man sexually abused a boy in 2020 together in a tent near Park Rapids, Minnesota, court documents said.

Morgan-Derosier did not have to admit to the sexual abuse, but he is serving a 40-year sentence for possessing thousands of child sex abuse materials and sharing some of the images online.

Morgan-Derosier reserved the right to appeal his conviction based on the search warrant.

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He filed a notice to appeal

last year in the U.S. Eighth Circuit Court of Appeals.

In an appeals brief that was recently unsealed, Morgan-Derosier’s attorney argued that the search warrant was unconstitutional, overbroad and lacking particularity. His team also argued that the warrant led to evidence of a crime that was unrelated to the investigation of his business dealings, the brief said.

“The warrant essentially authorized the police to seize all computers and electronic devices for any crime that was committed at any time,” the brief said. “It is difficult to conceive a less particular or more broad case.”

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Ray Holmberg.

Contributed / Sherburne County Jail

Morgan-Derosier has been connected to former Sen. Ray Holmberg, R-Grand Forks.

The Forum reported on phone records

that showed Holmberg and Morgan-Derosier exchanged dozens of text messages while Morgan-Derosier was jailed in August 2021.

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During Morgan-Derosier’s

January 2022 detention hearing,

First Assistant U.S. Attorney Jennifer Puhl said a “77-year-old man from Grand Forks” texted Morgan-Derosier on Aug. 23, 2021, about bringing Morgan-Derosier’s 19- or 20-year-old boyfriend “over for a massage.” Puhl did not identify the 77-year-old, but the age matched Holmberg’s at the time.

In an interview with The Forum, Holmberg denied asking Morgan-Derosier about a massage but acknowledged he texted Morgan-Derosier about patio work and “a variety of things.”

Other documents and audio recordings revealed Holmberg gave Morgan-Derosier a

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ride to Bismarck

shortly after police searched Morgan-Derosier’s home. Once there, Morgan-Derosier spoke with North Dakota consumer protection officials about his business, according to a transcript from the North Dakota Attorney General’s Office. Holmberg attended a legislative energy development and transmission committee meeting that day.

Holmberg was

charged in October 2023

in federal court, with prosecutors saying he

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traveled to Prague

multiple times in the 2010s with plans to sexually abuse children. He pleaded guilty to the charge in August.

During that plea hearing,

prosecutors said Holmberg and Morgan-Derosier watched child sex abuse material together.

Holmberg has been

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jailed in Minnesota

after

a judge

determined he

violated presentence release conditions.

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A sentencing hearing has not been scheduled in his case.

Holmberg served in the North Dakota Senate from 1976 to 2022, when he

resigned shortly after The Forum

broke the story about his connection to Morgan-Derosier.

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April Baumgarten

April Baumgarten has been a journalist in North Dakota since 2011. She joined The Forum in February 2019 as an investigative reporter. Readers can reach her at 701-241-5417 or abaumgarten@forumcomm.com.





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