A concurrent resolution urging the United States Federal Government, Congress, and the Governor of North Dakota to end the disadvantaged business enterprise program.
Senate Concurrent Resolution 4021 is a nonbinding resolution urging the federal government, Congress, and North Dakota officials to end the disadvantaged business enterprise (DBE) program. The resolution frames DBE as a diversity, equity, and inclusion initiative and argues that its race- and gender-conscious contracting requirements increase costs, reduce competition, and prevent government projects from being awarded to the lowest responsible bidder. It also cites federal executive orders and a federal court decision as support for the view that DBE-related presumptions are unlawful or should be eliminated.
The resolution calls on the Trump administration, the Department of Government Efficiency, North Dakota’s congressional delegation, the Governor, and the Attorney General to take steps to remove DBE and related DEI requirements. It specifically supports ending the North Dakota Department of Transportation’s DBE program as soon as federal law allows and encourages legal action to strike down DBE requirements and practices. Because it is a concurrent resolution, it does not itself change statutory law, but it expresses the Legislature’s position and seeks to influence federal policy and state administrative action.
SCR 4021 does not amend the North Dakota Century Code or create new legal requirements. Its practical effect is advisory and political: it directs the Secretary of State to transmit the resolution to federal and state officials and signals legislative support for ending DBE participation goals and related DEI-based contracting requirements. If acted on by state or federal officials, it could affect transportation procurement practices, contractor certification requirements, and the administration of federally funded projects in North Dakota, but any actual change would depend on federal law, agency action, or separate legislation.
The available record shows strong support in the resolution’s text for eliminating DBE and related DEI programs, with the measure presented as a taxpayer-savings and merit-based contracting initiative. No committee transcripts or recorded votes are provided, so there is no documented floor or committee debate in the supplied materials. Based on the bill language alone, the sentiment is clearly favorable among the resolution’s sponsors and intended supporters, and strongly opposed to DBE-style preferences.
The main point of contention is whether DBE programs are lawful and beneficial or whether they amount to impermissible race- and gender-based preferences. Supporters of the resolution argue that DBE requirements are burdensome, distort bidding, and violate equal protection principles; they also want state and federal officials to eliminate DEI-linked procurement rules. Opponents, while not shown in the provided record, would likely defend DBE as a tool to expand opportunities for disadvantaged firms and to address historic barriers in public contracting. The resolution also raises a separation-of-powers and federalism issue because it urges changes to federally administered programs and state implementation tied to federal funding.