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SCR 4021

A concurrent resolution urging the United States Federal Government, Congress, and the Governor of North Dakota to end the disadvantaged business enterprise program.

69th Legislative Assembly (2025-26) Introduced by Justin Gerhardt

Urges federal and state leaders to end the DBE/DEI programs and related funding conditions; backs legal action and agency steps to remove DBE requirements.

Filed with Secretary Of State 03/12
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Bill Summary · SCR 4021

Summary: Senate Concurrent Resolution No. 4021 (SCR 4021)

Overview

SCR 4021 is a concurrent resolution introduced in North Dakota’s Sixty-ninth Legislative Assembly by Senator Gerhardt. It urges the United States federal government, Congress, and the Governor of North Dakota to end the disadvantaged business enterprise (DBE) program and related DEI (diversity, equity, and inclusion) initiatives. The measure is nonbinding and serves as a formal expression of the Legislature’s position and recommended actions.

Purpose and Intent

  • The resolution articulates opposition to DBE and broader DEI policies, arguing they impose burdens on contractors, raise costs, and distort bidding on federally funded projects.
  • It asserts that contracts should be awarded based on the lowest responsible bid, not on race, gender, or other social disadvantage considerations.
  • It references a federal court case (Mid-America Milling Co., LLC v. USDOT) as supporting evidence that race- and gender-based presumptions in the DBE program may violate equal protection principles.

Key Provisions and Recommendations

  • Officially supports President Trump’s administration efforts to eliminate DEI policies, including the DBE program.
  • Encourages the North Dakota Department of Government Services Efficiency (DOGE) to take steps to eliminate the DBE program and other DEI initiatives.
  • Urges North Dakota’s Congressional Delegation to work toward removing DEI-related requirements and funding conditions from federal programs affecting states.
  • Endorses the Governor of North Dakota ending the state’s own DBE program as soon as allowed under federal law.
  • Supports the North Dakota Attorney General taking legal action to assist in striking down DBE requirements and practices within the state.
  • Directs the Secretary of State to forward copies of the resolution to federal and state officials (ND Congressional Delegation, the President, the Governor, the Attorney General, and the DOGE Administrator).

Who and What Would Be Affected

  • Affects federal procurement and contracting policy as it pertains to ND’s stance on the DBE program; it explicitly aims to influence federal authorities and funding conditions.
  • Affects North Dakota state agencies (notably DOGE and ND DOT) by urging removal of state DBE requirements.
  • Signals potential legal actions via the ND Attorney General to challenge DBE-related practices at the state level.

Procedural Timeline and Status

  • Introduced: January 30, 2025 (Industry and Business Committee referral)
  • Committee actions: Hearing February 5–18, 2025; reported do pass February 11; second reading February 12; received from Senate February 13.
  • House/Senate actions: Reported back, do pass, placed on calendar (March 7, 2025); Second reading adopted (yea 77, nay 12) March 7.
  • Enrollment and filing: Signed by the President and Speaker on March 12, 2025; filed with the Secretary of State on March 12, 2025.
  • Status: Enrolled and filed; a concurrent resolution expressing the Legislature’s position.

Notes

  • As a concurrent resolution, SCR 4021 expresses the Legislature’s policy stance and recommendations but does not itself alter state law. Its influence rests in shaping public and political support, and potentially guiding agency actions and legal strategies.

Compiled from official sources — confirm details with the bill’s official record.

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