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House Business Committee backs resolution opposing federal changes to title insurance
Summary
The House Business Committee voted to send House Concurrent Resolution 7 to the floor with a "do pass" recommendation. The resolution urges preserving state-based title insurance regulation and criticizes what sponsors described as federal overreach in proposed FHFA programs.
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The House Business Committee on Feb. 17 voted to send House Concurrent Resolution 7 to the full House with a do-pass recommendation, endorsing state-based regulation of title insurance and objecting to what backers called federal overreach.
Representative John Schertz, the bill sponsor, told the committee the resolution is “at its heart... a federalism, type of resolution,” and that recent federal efforts threatened states’ authority to regulate title insurance. “There has been some efforts previously to undermine the current state of our state based title insurance system and erode that,” Schertz said.
The resolution targets proposals tied to the Federal Housing Finance Agency. Testifying for the measure, Bob Bryce described two federal items of concern he said emerged in recent years: a title-waiver program and an attorney-opinion-letter program that could be used in lieu of title insurance on government-insured loans. “One waives the title requirement altogether. The other allows attorney opinion letters to be used in lieu of title insurance on government, insured loans,” Bryce said, saying those approaches could let non–title insurers underwrite risks in ways that erode state regulation.
Schertz said the resolution is intended to be a proactive statement of the legislature’s view and to push back if federal programs that, in his view, would displace state oversight advance. The Idaho Land Title Association was represented at the hearing; Barbara Rice was named as present to answer questions.
There was no public testimony on the resolution. Representative Crane moved to send HCR 7 to the floor with a do-pass recommendation; the committee approved the motion by voice vote.
Supporters said the resolution expresses the state’s preference for preserving the state‑based title insurance structure. Opponents raised procedural questions about whether action was necessary given a change in federal administration; Representative Birch said recent federal elections might make the resolution moot and suggested waiting to see federal action before weighing in.
The committee forwarded the resolution to the House with a do-pass recommendation.
