ENGROSSED SENATE
BILL NO. 1058	By:	Schulz of the Senate

			and

		Ortega of the House

[ consumer sales and loans - refund and credit - gender neutral - initiate certain refund or credit - prohibiting retention - effective date ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     14A O.S. 2011, Section 4-108, is amended to read as follows:
Section 4-108.  (1)  Upon prepayment in full of a consumer credit sale or consumer loan by the proceeds of consumer credit insurance, the debtor or his or her estate is entitled to a refund of any portion of a separate charge for insurance which by reason of prepayment is retained by the creditor or returned to him the creditor by the insurer unless the charge was computed from time to time on the basis of the balances of the debtor's account.  Payment by the insurer of the coverage in force at the time the death claim arises includes premiums charged for the coverage.
(2)  This article does not require a creditor to grant a refund or credit to the debtor if all refunds and credits due to the debtor under this article amount to less than One Dollar ($1.00), and except as provided in subsection (1) of this section, does not require the creditor to account to the debtor for any portion of a separate charge for insurance because:
(a)	the insurance is terminated by performance of the insurer's obligation;
(b)	the creditor pays or accounts for premiums to the insurer in amounts and at times determined by the agreement between them the creditor and insurer;
(c)	the creditor receives directly or indirectly under any policy of insurance a gain or advantage not prohibited by law; or
(d)	the debtor has voluntarily signed an authorization to continue his or her coverage in force.
(3)  Except as provided in subsection (2) of this section, the creditor shall promptly make or cause to be made an appropriate refund or credit to the debtor with respect to any separate charge made to him the debtor for insurance if:
(a)	the insurance is not provided or is provided for a shorter term than that for which the charge to the debtor for insurance was computed; or
(b)	the insurance terminates prior to the end of the term for which it was written because of prepayment in full or otherwise.
The refund or credit authorized by this subsection may be initiated by either the debtor or creditor who has knowledge that the refund or credit is due as provided in paragraph (a) or (b) of this subsection.  In no event shall any determinable refund or credit amount be retained by the creditor for more than fifteen (15) days after a consumer sale or consumer loan is prepaid in full and the refund or credit is determined and requested by the debtor.
(4)  A refund or credit required by subsection (3) of this section is appropriate as to amount if it is computed according to a method prescribed or approved by the Insurance Department, or a formula filed by the insurer with the Insurance Department at least thirty (30) days before the debtor's right to a refund or credit becomes determinable, unless the method or formula is employed after the Insurance Department notifies the insurer that it is disapproved.
SECTION 2.  This act shall become effective November 1, 2013.
Passed the Senate the 14th day of March, 2013.

	
	Presiding Officer of the Senate

Passed the House of Representatives the ____ day of __________, 2013.

	
	Presiding Officer of the House
	of Representatives