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HB 1354

Criminal Offenses - As introduced, requires all persons who disseminate smoking paraphernalia to display the sign providing notice of the legal age for purchasing such products required by the Prevention of Youth Access to Tobacco, Smoking Hemp, and Vapor Products Act; removes authorization for a person to substitute a tobacco-related warning sign required by law prior to April 22, 1994. - Amends TCA Title 37; Title 39 and Title 40.

114th Regular Session (2025-2026) Introduced by Mary Littleton

Allows licensed appraisers to provide evaluations under agency guidelines without triggering full USPAP/appraisal-permit requirements, when clearly labeled as evaluations.

Comp. SB subst.
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Bill Summary · HB 1354

Summary — HB 1354 (North Dakota) — Appraiser Evaluations

Status: Filed with Secretary of State (filed 04/16/2025). Introduced: November 15, 2024. Sponsors: Representatives D. Ruby, Swiontek, Wolff, Vetter; Senators Barta, Meyer, Thomas.

Purpose

Clarify the law distinguishing appraisals from evaluations and authorize licensed appraisers (and apprentices) to prepare evaluations under federal/state regulatory guidelines without treating those evaluations as appraisals subject to all appraisal-permit and USPAP requirements. The bill updates definitions, adds a statutory framework for evaluations, and creates limited exemptions from appraisal-permit and USPAP obligations.

Key provisions / changes

  • Amends North Dakota Century Code sections 43-23.3-01, 43-23.3-04, and 43-23.3-18 and creates a new section in chapter 43-23.3.

  • Definitions (43-23.3-01):

    • Revises the definition of "agency" to list federal financial regulators (Board of Governors of the Federal Reserve, CFPB, Farm Credit Administration, FDIC, NCUA, OCC) and "state financial regulator."
    • Adds a statutory definition of "evaluation": an estimate of value made in accordance with Title XI of FIRREA and provided to an entity regulated by an agency for use in a real-estate-related financial transaction for which a federal appraisal is not required.

  • Permit exemptions (43-23.3-04):

    • Confirms this chapter does not apply to:
    • Licensed real estate brokers/salespersons giving ordinary course listing/purchase price opinions (not to be called “appraisals”).
    • Persons giving a value opinion to their employer in the ordinary course of business.
    • Bank of North Dakota employees providing evaluations or appraisal reviews for federally insured institutions under federal regulator exemptions.
    • Persons who are not apprentice/licensed/certified appraisers who prepare or provide an evaluation.

  • Standards of practice (43-23.3-18):

    • Requires apprentice, licensed, and certified appraisers to comply with USPAP and other appraisal foundation standards — except as authorized in the new evaluation section.
    • Adds language permitting appraisers to provide evaluations to institutions regulated by an agency without full compliance with USPAP if the evaluation:
    • Complies with the most current evaluation guidelines issued by the applicable agency; and
    • Is conspicuously identified as an “evaluation” (not an “appraisal”).

  • New section — "Evaluation by appraiser":

    • Allows apprentice/licensed/certified appraisers to provide evaluations when permitted by law, regulation, or regulatory guidelines.
    • Requires evaluations to be conducted in accordance with federal/state laws, regulatory guidelines, and Title XI of FIRREA.
    • Requires evaluations to be clearly identified as evaluations and not appraisals.

Who is affected

  • Licensed appraisers, apprentice appraisers, and appraisal firms (clarifies permitted activities and labeling requirements).
  • Financial institutions and other entities regulated by federal/state financial agencies (may receive evaluations prepared under agency guidelines).
  • Bank of North Dakota (explicitly referenced for certain evaluation/review activities).
  • Real estate brokers, employers (opinions to employer), and non-appraiser evaluators (confirming specified exemptions from permit requirements).

Potential impacts

  • Regulatory clarity: distinguishes evaluations from appraisals in statute, reducing ambiguity about when USPAP and state permit requirements apply.
  • Operational flexibility: allows appraisers to provide certain evaluations under agency-issued guidelines without triggering full appraisal reporting/USPAP obligations — may streamline federally related transactions where an appraisal is not required.
  • Consumer protection/labeling: requires conspicuous identification of evaluations to avoid misrepresentation.
  • Practice standards: appraisers must still follow FIRREA, applicable agency guidelines, and state/federal law when performing evaluations.

Procedural / timeline notes

  • Bill amends North Dakota Century Code ch. 43-23.3 (sections noted above) and adds a new section addressing evaluations.
  • Introduced November 15, 2024; recorded as filed with the Secretary of State on April 16, 2025. (Legislative history in the enrollment document shows passage votes in each chamber during the 69th Legislative Assembly.)

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

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