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SB 5108

Momentum Bucket Early Stage
Legal Title AN ACT Relating to regulating service contracts and protection product guarantees;
Bill Description Regulating service contracts and protection product guarantees.
What this bill does
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The bill amends multiple sections of chapter 48.110 RCW to expand and clarify regulation of service contracts and protection product guarantees. It revises definitions, requires providers to give a receipt and a copy of the contract to the purchaser, and sets out alternative ways providers can demonstrate financial responsibility: reimburse each contract by a filed reimbursement insurance policy issued by a qualified insurer or eligible risk retention group (with insurer surplus and filing requirements), or maintain funded reserves for in‑force contracts of at least 40 percent of gross consideration received (less claims paid). The bill also requires providers or parents to provide specified security (not less than 5 percent of gross consideration and not less than $25,000, with forms of acceptable security listed, or alternatively demonstrate $100,000,000 net worth and guaranty by the parent); some insurer surplus thresholds and auditing/filing requirements are specified. Portions of a trust or financial security deposit requirement are referenced but the text is incomplete in the provided material. The bill creates or tightens procedural requirements: reimbursement insurance policies must be filed and approved by the commissioner under chapter 48.18 RCW and must allow a service contract holder or protection product guarantee holder to apply directly to the insurer in certain circumstances; motor vehicle service contract forms must be filed and approved before use and manufacturers or distributors must file forms within 60 days of first use. It establishes registration and reporting rules for protection product guarantee providers (application on a commissioner form, irrevo‑cable appointment of the commissioner for service of process, $250 nonrefundable application fee and annual renewal on July 1, reporting of material changes within 30 days), and authorizes the commissioner to refuse registration for specified grounds. The bill sets consumer disclosure and refund/return procedures and remedies: service contracts must conspicuously disclose insurer and provider information, coverage limits, exclusions, claims procedures, and return/transferability terms; non‑motor vehicle service contracts must allow the original purchaser to void and return the contract within specified short periods (20 days if mailed, 10 days if delivered) for a full refund if no claim has been made, and motor vehicle service contracts have their own minimum refund/return rules (including 30‑day full refund if no claim, pro rata refunds afterward, and penalties for late refunds). The legislation declares violations of the chapter to be unfair or deceptive acts under the Washington Consumer Protection Act (chapter 19.86 RCW) and allows injured contract holders to sue providers and issuing insurers under that act. Important parts of the bill text are missing from the provided excerpts (several amended sections are referenced but not shown, and a trust/deposit provision is cut off), so some details and any additional changes or penalties in the unprovided sections cannot be determined from these facts.
Why it matters
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If enacted, companies that sell service contracts or guarantees on protection products will face clearer and stricter financial backing requirements: they will need either reimbursement insurance from an insurer that meets surplus and reporting tests or hold funded reserves equal to a sizable share of premiums (at least 40 percent), and in many cases must also post additional security equal to at least 5 percent of gross receipts (minimum $25,000) or rely on a very large parent company (about $100 million net worth) that guarantees their obligations. Those requirements, plus registration, annual renewal fees, filing and approval of motor vehicle contract forms, audit filings, and notice duties for administrators, will raise providers’ compliance work and likely increase their costs or push them to seek parent guarantees or insurer-backed policies; insurers that cover these contracts retain rights to seek indemnity or subrogation if they pay claims. Consumers should see more protection and clearer remedies: sellers must give receipts and copies of contracts, contracts must state key terms and refund procedures, buyers get short windows to return contracts with required refunds or penalties for late refunds, and holders can apply directly to reimbursement insurers if providers fail to perform. The bill also makes violations subject to the state consumer protection law so injured buyers can sue providers and their insurers. Some important details are missing or inconsistent in the excerpts provided — for example a trust deposit requirement is cut off and the exact refund/return timelines vary across sections — so the precise operational rules and timing remain unclear.
Official Documents View Full Bill Text
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SB 5108 Details and Bill Topics

Details

Date Introduced 01/13/2025
Originating Chamber Senate
Biennium 2025-26
Total Campaign Dollars Backing Bill $1,357,779.12

Bill Topics

INSURANCE

SB 5108 Sponsors and Committee Hearings

Sponsors

Senator Kauffman (Primary)
Senator Dozier
Senator Nobles

Committee Hearings

Hearing Senate Business, Trade & Economic Development (Public)
Hearing Senate Business, Trade & Economic Development (Executive)
Hearing House Consumer Protection & Business (Public)
Hearing House Consumer Protection & Business (Executive)
Go to SB 5108 at leg.wa.gov

SB 5108 Bill Timeline

Early Stage
1/11/2026
SRules X
Senate Rules "X" file.
1/11/2026
SRules X
By resolution, reintroduced and retained in present status.
4/26/2025
SRules X
By resolution, returned to Senate Rules Committee for third reading.
3/19/2025
SRules X
Referred to Rules 2 Review.
3/17/2025
SRules X
CPB - Majority; do pass.
3/17/2025
SRules X
CPB - Executive action taken by committee.
2/6/2025
SRules X
First reading, referred to Consumer Protection & Business.
2/4/2025
SRules X
Third reading, passed; yeas, 49; nays, 0; absent, 0; excused, 0.
2/4/2025
SRules X
Rules suspended. Placed on Third Reading.
1/28/2025
SRules X
Placed on second reading consent calendar.
1/23/2025
SRules X
Passed to Rules Committee for second reading.
1/21/2025
SRules X
BFT - Majority; do pass.
1/12/2025
SRules X
First reading, referred to Business, Financial Services & Trade.

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