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SB 181 IN
Became Law

Cause of action concerning restraint of trade.

IN · session 2023 · Senate · bill

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Introduced Jan 9, 2023

Latest action (Apr 5, 2023) Public Law 6

Summary

Amends the statute concerning combinations restraining trade as follows: (1) Provides that the attorney general may bring an action for the following on behalf of the state or a political subdivision in connection with a violation of the statute: (A) Appropriate injunctive or other equitable relief, including disgorgement of any gains derived from the violation. (B) A civil penalty. (Current law provides only that the attorney general may bring an action for injuries or damages sustained directly or indirectly by the state or political subdivision as a result of the violation.) (2) Provides that the attorney general may bring an action in the name of the state as parens patriae on behalf of one or more natural persons residing in Indiana for one or more of these same remedies, in connection with a violation of the statute. (3) Specifies that in an action brought under these provisions, the attorney general may recover costs and expenses of the suit, including reasonable attorney's fees and expert fees. (Current law does not specify that the attorney general may recover expenses and expert fees.) (4) Provides that in an action brought under these provisions after June 30, 2023, the attorney general may recover a civil penalty of not more than: (A) $100,000 per violation from any natural person who violates the statute; or (B) $1,000,000 from any other person, other than a natural person, that violates the statute.

Sponsors (3)

2 coauthors / cosponsors

Action history (19)

  1. Jan 9, 2023 Authored by Senator Koch · upper
  2. Jan 9, 2023 First reading: referred to Committee on Judiciary · upper
  3. Jan 19, 2023 Committee report: do pass, adopted · upper
  4. Jan 23, 2023 Senator Brown L added as second author · upper
  5. Jan 24, 2023 Second reading: ordered engrossed · upper
  6. Jan 26, 2023 Third reading: passed; Roll Call 29: yeas 48, nays 0 · upper
  7. Jan 26, 2023 House sponsor: Representative Jeter · upper
  8. Jan 26, 2023 Cosponsors: Representatives Steuerwald and Meltzer J · upper
  9. Jan 27, 2023 Referred to the House · upper
  10. Feb 7, 2023 First reading: referred to Committee on Judiciary · lower
  11. Mar 9, 2023 Committee report: do pass, adopted · lower
  12. Mar 13, 2023 Second reading: ordered engrossed · lower
  13. Mar 14, 2023 Third reading: passed; Roll Call 260: yeas 93, nays 0 · lower
  14. Mar 15, 2023 Returned to the Senate without amendments · lower
  15. Mar 20, 2023 Signed by the President Pro Tempore · upper
  16. Mar 22, 2023 Signed by the Speaker · lower
  17. Apr 4, 2023 Signed by the President of the Senate · upper
  18. Apr 5, 2023 Signed by the Governor · executive
  19. Apr 5, 2023 Public Law 6 · upper
Subjects
ATTORNEY GENERALCIVIL ACTIONS, PenaltiesTRADE REGULATIONS

Text versions (4)

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

  • Enrolled Senate Bill (S) · Mar 15, 2023 · PDF
  • Introduced Senate Bill (S) · Jan 9, 2023 · PDF
  • Senate Bill (S) · Jan 19, 2023 · PDF
  • Senate Bill (H) · Mar 9, 2023 · PDF

Full text

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