Indiana House Bill 1279 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Moderate Partisan Bill (Republican 9-1)
Status: Passed on May 1 2023 - 100% progression
Action: 2023-05-01 - Public Law 136
Text: Latest bill text (Enrolled) [PDF]

Third party food delivery services. Establishes in the Indiana Code article concerning regulated businesses a new chapter governing third party food delivery services. Defines: (1) "covered establishment" as a: (A) restaurant; or (B) food service establishment; that offers, whether directly or through a third party food delivery service, the sale and same-day delivery or pick up of food and beverages to customers; and (2) "third party food delivery service" as a person that: (A) uses an online modality or platform to offer or arrange for the sale, and same-day delivery or pick up, of food and beverages prepared or provided by one or more covered establishments; and (B) provides these services either for consideration or for the purpose of obtaining customer data. Prohibits a third party food delivery service from providing any services related to facilitating, processing, or delivering an online order for a covered establishment unless the covered establishment expressly agrees to allow the third party food delivery service to provide those services. Provides that if a covered establishment cancels its contract with a third party food delivery service, the third party food delivery service shall, not later than the time specified in the contract or, if a time for compliance is not specified in the contract, not later than 72 hours after the covered establishment provides notice of cancellation: (1) comply with any terms and conditions for cancellation specified in the contract; and (2) unless otherwise specified in the contract: (A) remove all menus associated with the covered establishment from all online modalities or platforms of the third party food delivery service; and (B) cease to offer, arrange, or perform any activities related to the sale, and same-day delivery or pickup, of food and beverages prepared or provided by the covered establishment. Provides that if a third party food delivery service violates the bill's provisions with respect to a covered establishment, the covered establishment may bring an action against the third party food delivery service, in which: (1) the court may grant a temporary injunction enjoining the third party food delivery service from providing food delivery services with relation to the covered establishment during the pendency of the action; and (2) a covered establishment that prevails is entitled to: (A) actual damages; (B) temporary or permanent injunctive relief; (C) liquidated damages of not more than $50,000 per transaction; and (D) court costs and attorney's fees.

Third party food delivery services.

Rep. Robb Greene [R]	Rep. Julie Olthoff [R]	Rep. Robert Morris [R]	Rep. Matthew Lehman [R]
Sen. Clyde Perfect [R]	Sen. Kyle Walker [R]	Sen. Eric Koch [R]	Sen. Blake Doriot [R]
Sen. Shelli Yoder [D]	Sen. Stacey Donato [R]

2023-04-11 - House - House - House concurred in Senate amendments (Y: 95 N: 0 NV: 1 Abs: 4) [PASS]
2023-04-03 - Senate - Senate - Third reading (Y: 47 N: 0 NV: 1 Abs: 2) [PASS]
2023-02-27 - House - House - Third reading (Y: 94 N: 0 NV: 1 Abs: 5) [PASS]

Date	Chamber	Action
2023-05-01	House	Public Law 136
2023-05-01	House	Signed by the Governor
2023-04-26	Senate	Signed by the President of the Senate
2023-04-21	Senate	Signed by the President Pro Tempore
2023-04-21	House	Signed by the Speaker
2023-04-11	House	House concurred in Senate amendments; Roll Call 396: yeas 95, nays 0
2023-04-10	House	Motion to concur filed
2023-04-04	Senate	Returned to the House with amendments
2023-04-03	Senate	Third reading: passed; Roll Call 289: yeas 47, nays 0
2023-03-30	Senate	Second reading: amended, ordered engrossed
2023-03-30	Senate	Amendment #6 (Deery) prevailed; voice vote
2023-03-30	Senate	Amendment #4 (Perfect) prevailed; voice vote
2023-03-21	Senate	Senators Koch, Doriot, Yoder, Donato added as cosponsors
2023-03-20	Senate	Committee report: amend do pass, adopted
2023-03-06	Senate	First reading: referred to Committee on Commerce and Technology
2023-02-28	House	Referred to the Senate
2023-02-27	House	Third reading: passed; Roll Call 241: yeas 94, nays 0
2023-02-27	House	Senate sponsors: Senators Perfect and Walker K
2023-02-23	House	Second reading: amended, ordered engrossed
2023-02-23	House	Amendment #1 (Lehman) prevailed; voice vote
2023-02-21	House	Committee report: amend do pass, adopted
2023-02-20	House	Representatives Morris and Lehman added as coauthors
2023-01-19	House	Representative Olthoff added as coauthor
2023-01-11	House	First reading: referred to Committee on Commerce, Small Business and Economic Development
2023-01-11	House	Authored by Representative Greene

Type	Source
Summary	https://iga.in.gov/legislative/2023/bills/house/1279/details
Text	https://iga.in.gov/legislative/2023/bills/house/1279/#1.INTR
Text	https://iga.in.gov/legislative/2023/bills/house/1279/#2.COMH
Text	https://iga.in.gov/legislative/2023/bills/house/1279/#3.ENGH
Text	https://iga.in.gov/legislative/2023/bills/house/1279/#4.COMS
Text	https://iga.in.gov/legislative/2023/bills/house/1279/#5.ENGS
Text	https://iga.in.gov/legislative/2023/bills/house/1279/#6.ENRS
Roll Call	https://iga.in.gov/legislative/2023/bills/house/1279/#H241
Roll Call	https://iga.in.gov/legislative/2023/bills/house/1279/#S289
Roll Call	https://iga.in.gov/legislative/2023/bills/house/1279/#H396