HB 1279 IN

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Became Law

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.

• Robb Greene Republican · author
• Chip Perfect · sponsor
• Kyle Walker Republican · sponsor

1. Jan 11, 2023 Authored by Representative Greene · lower
2. Jan 11, 2023 First reading: referred to Committee on Commerce, Small Business and Economic Development · lower
3. Jan 19, 2023 Representative Olthoff added as coauthor · lower
4. Feb 20, 2023 Representatives Morris and Lehman added as coauthors · lower
5. Feb 21, 2023 Committee report: amend do pass, adopted · lower
6. Feb 23, 2023 Amendment #1 (Lehman) prevailed; voice vote · lower
7. Feb 23, 2023 Second reading: amended, ordered engrossed · lower
8. Feb 27, 2023 Senate sponsors: Senators Perfect and Walker K · lower
9. Feb 27, 2023 Third reading: passed; Roll Call 241: yeas 94, nays 0 · lower
10. Feb 28, 2023 Referred to the Senate · lower
11. Mar 6, 2023 First reading: referred to Committee on Commerce and Technology · upper
12. Mar 20, 2023 Committee report: amend do pass, adopted · upper
13. Mar 21, 2023 Senators Koch, Doriot, Yoder, Donato added as cosponsors · upper
14. Mar 30, 2023 Amendment #4 (Perfect) prevailed; voice vote · upper
15. Mar 30, 2023 Amendment #6 (Deery) prevailed; voice vote · upper
16. Mar 30, 2023 Second reading: amended, ordered engrossed · upper
17. Apr 3, 2023 Third reading: passed; Roll Call 289: yeas 47, nays 0 · upper
18. Apr 4, 2023 Returned to the House with amendments · upper
19. Apr 10, 2023 Motion to concur filed · lower
20. Apr 11, 2023 House concurred in Senate amendments; Roll Call 396: yeas 95, nays 0 · lower
21. Apr 21, 2023 Signed by the President Pro Tempore · upper
22. Apr 21, 2023 Signed by the Speaker · lower
23. Apr 26, 2023 Signed by the President of the Senate · upper
24. May 1, 2023 Signed by the Governor · executive
25. May 1, 2023 Public Law 136 · lower

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 House Bill (H) · Apr 12, 2023 · PDF
• Introduced House Bill (H) · Jan 11, 2023 · PDF
• House Bill (H) · Feb 21, 2023 · PDF
• Engrossed House Bill (H) · Feb 23, 2023 · PDF
• House Bill (S) · Mar 20, 2023 · PDF
• Engrossed House Bill (S) · Mar 30, 2023 · PDF