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Port: Does anyone know what the purpose of North Dakota’s ethics commission is?

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Port: Does anyone know what the purpose of North Dakota’s ethics commission is?


MINOT — North Dakota’s ethics commission was created about a half-decade ago by way of a ballot measure approved by voters.

I was against it. Government ethics commissions are a nice idea on paper. In practice, they’re either ineffectual or used as a political weapon for partisan purposes. An instrument of innuendo and recrimination, not transparency and accountability.

But North Dakotans approved the creation of a commission. We have it now. And, other than asking for more money from the Legislature —

the agency requested a nearly 85% increase in their funding earlier this year

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— I’m not sure what it is they’re doing.

During the legislative session earlier this year, I reported on an elected lawmaker who was also on the payroll of the gambling industry. Rep. Mike Motschenbacher, a Republican from Bismarck, is also the executive director of the North Dakota Gaming Alliance and frequently contacts state gaming officials who are confused about how to handle him.

Is he an elected official? Or the representative of a rapidly growing,

$2 billion industry?

“He is contacting me as ND Gaming Alliance not as a Representative,” state gaming division director Deb McDaniel

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wrote in a 2022 email I obtained.

“I don’t mind meeting with him but what am I supposed to do or say about any bills he thinks are going to be introduced?”

Don’t you suppose this might be something the Ethics Commission might want to look into?

“Under Article XIV a lobbyist may not knowingly give, offer, solicit, initiate, or facilitate a gift to a public official and a public official may not knowingly accept a gift from a lobbyist,” the commission’s website states. “A gift is defined as any item, service or thing of value not given in exchange for fair market consideration.”

Don’t you suppose that putting a lawmaker on the payroll might constitute a problematic gift? Maybe there’s a loophole if we conclude that the gambling industry is getting “fair market consideration” for Motschenbacher’s work.

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There are other examples, too.

A sitting lawmaker, Rep. Jason Dockter, is mired in the middle of a scandal

concerning what appears to be a sweetheart deal leasing office space to the state.

From 2013 to 2022, a powerful lawmaker, former state Sen. Ray Homlberg of Grand Forks, received over $125,000 in taxpayer dollars for “about 70 out-of-state trips that included meetings in Canada, Puerto Rico, Europe and across the U.S,”

as April Baumgarten reported.

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The average spend on lawmaker travel during that time period was $9,200.

But, meanwhile, our ethics commission, touted by those who campaigned for it as a clearinghouse for accountability in state government, does nothing more than hold meetings and make vague allusions to ongoing investigations. Usually before requesting a bigger budget.

Maybe they’re doing things behind the scenes. They are obliged to keep much of their proceedings out of the public eye, for good reason.

Still, the commission was approved by voters in 2018, and if it has done anything to benefit voters since, I’m not aware of it.

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Rob Port is a news reporter, columnist, and podcast host for the Forum News Service with an extensive background in investigations and public records. He covers politics and government in North Dakota and the upper Midwest. Reach him at rport@forumcomm.com. Click here to subscribe to his Plain Talk podcast.





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North Dakota

North Dakota House narrowly passes bill allowing babies to live with their mothers in prison

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North Dakota House narrowly passes bill allowing babies to live with their mothers in prison


BISMARCK — North Dakota lawmakers barely passed a bill Wednesday, March 26, seeking to allow a women’s prison to create a nursery program where babies can live with their incarcerated mothers.

After a debate that lasted nearly an hour, Senate Bill 2352 passed the House with a 48-42 vote.

The legislation is likely to be reconsidered since 48 votes are required for a bill to pass and four members were absent or not voting Wednesday.

SB 2352 would authorize the Department of Corrections and Rehabilitation to allow children 18 months or younger to live with their mothers at the Heart River Correctional Center in Mandan.

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The facility is currently under construction and scheduled to open in 2027, when the program would be effective.

SB 2352 has the same intent of failed Senate Bill 2115, which was struck down by the Senate in January by a 18-29 vote. Opposing lawmakers cited concerns of the bill’s uncertain, but potentially large, fiscal note.

The bill has since been slimmed from eight pages to a few sentences. Its original language would have exempted prison staff from being held liable if the child was injured — unless those injuries resulted from a negligent employee.

Liability isn’t directly addressed in what remains of the bill, but it does require the department to enact policies to protect the child.

Costs associated with implementation are based on “future liability events,” according to its fiscal note, which lists $100,000 as a ballpark figure for the 2027-29 biennium.

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Allowing mothers and their young children to live together is better for both parties involved, DOCR leaders and other proponents say.

During the Wednesday debate, 14 representatives voiced varying opinions about what’s more ethical and cost-effective: keeping babies with their imprisoned mothers or putting them in the foster system instead.

“I’ve had the honor and privilege of arresting some of those women,” TJ Brown, R-Fargo, said. “I cannot prioritize the incarcerated mother’s interest over the well being of the child; while babies may not understand their surroundings, a prison environment may have far reaching effects on their development.”

Rep. TJ Brown, R-Fargo, speaks against Senate Bill 2352 during a House session at the North Dakota Capitol on Wednesday, March 26, 2025.

Tanner Ecker / The Bismarck Tribune

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Other opponents said the bill is incomplete and lacks necessary statutory oversight to protect a baby by not addressing liability.

Supporters emphasized that the bill merely authorizes the DOCR to plan for the program ahead of the new facility opening, pointing to states where similar programs have shown to reduce recidivism rates and improve the health of both mothers and their babies.

Many supporting lawmakers also referenced their time visiting with mothers who are incarcerated.

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032625-SB2352-04.jpg

Rep. Jon Nelson, R-Rugby, speaks on Senate Bill 2352 during a House session at the North Dakota Capitol on Wednesday, March 26, 2025.

Tanner Ecker / The Bismarck Tribune

“Listening to the debate today, it (visiting the facilities) should be a requirement, not a wish,” Rep. Jon Nelson, R-Rugby, said.

“Yes, you can be honored to pick up somebody off the streets that’s on a drug-ravaged crime and think you’ve done your civic duty, but it’s a different person when they get to the Heart River facility,” Nelson continued. “These women don’t have the services that we have at the North Dakota state penitentiary. This is the hope that they look for.”

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Peyton Haug

Peyton Haug joined The Forum as the Bismarck correspondent in June 2024. Reach Peyton at phaug@forumcomm.com.





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North Dakota

ND Democratic NPL and ND GOP host reorganization meetings

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ND Democratic NPL and ND GOP host reorganization meetings


BISMARCK, N.D. (KFYR) – While it may seem like we just went through an election, both parties are preparing themselves for another. The North Dakota Democratic-NPL and the North Dakota GOP are working to host a series of reorganization meetings in each state district.

The two parties have gathered in the districts to hold elections for new chairs, vice chairs and other regional officers.

At its reorganization meeting at Horizon Middle School, the North Dakota Democratic-NPL had odd-numbered districts elect officers in preparation for the 2026 election cycle for legislators.

The meeting also allowed community members to air out their frustrations regarding recent legislation, such as school vouchers, and question their relevance as a North Dakota issue.

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“I always like to say that our statewide candidates got over 115,000 votes in North Dakota; it’s not enough to have one ND statewide election, but that means that in every corner of the state, small towns, rural areas, big cities, there are people just like us all over the state who want a better future,” said Adam Goldwyn, chair of the ND Democratic-NPL.

At one of the ND GOP’s reorganization meetings at Solheim Elementary School, the focus was on making sure Republican legislators are listening to what the district members want.

“It’s just so critically important that they have that essential support that they need from their district, that they’re hearing from the constituents in regard to what they need and that they have that ongoing support as they serve,” said Aimee Copas, chair of the District 30 Representation.

Both parties highlight the need for North Dakotans to have their voices heard by their lawmakers.

You can see where the next district reorganization meeting for each of the parties will be held on the ND Democratic NPL and ND GOP websites.

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North Dakota lawmakers consider 3-cent gas tax hike

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North Dakota lawmakers consider 3-cent gas tax hike


BISMARCK — North Dakota lawmakers are considering a bill that would increase the state gas tax by 3 cents per gallon, bringing it to 26 cents. The Senate Finance Committee heard arguments on the proposal Friday.

Currently, North Dakota’s gas tax stands at 23 cents per gallon. If approved, the increase would help create a county, city and township road fund.

Opponents argue that road maintenance is already funded by other sources. The bill also proposes raising the electric vehicle road use fee from $120 to $150 and increasing the plug-in hybrid vehicle road use fee from $50 to $60.

Rep. Jared Hagert, R-Emerado, who introduced the bill, said the benefits of the proposal outweigh the costs.

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“We have to face the reality also, of the needs that are there. They’re not wants. The roads, the conditions of the roads, they are needs for our communities,” Hagert said.

The proposed tax rate would still be lower than neighboring states. Minnesota currently charges 32 cents per gallon, South Dakota has a 28-cent tax and Montana’s rate is 33 cents.

The tax and fee increases would generate roughly $42 million per biennium. The Senate Finance Committee will now review the hearing’s findings before making a recommendation.





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