Fabio
9.5 KiB
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| Bill | 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. | us/states/in | Indiana General Assembly | 2023 | HB 1279 | Indiana HB 1279 (2023) |
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6 | 25 | 1 | 2023-01-11 | 2023-05-01 | openstates | ocd-bill/c8eed706-9064-4718-a76f-97fe24538622 | http://iga.in.gov/legislative/2023/bills/house/1279 | f33f755fb64437a205fea52cca1c5c9636f1ea64cb6f09b30227bbc4e3aa5198 | 2026-07-01 | https://data.openstates.org/daily/2026-07-01/public.pgdump | 2026-07-06 | reported |
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Indiana HB 1279 (2023) — 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.
Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
- Engrossed House Bill (H) (committee substitute) — source
- Engrossed House Bill (S) (committee substitute) — source
- Enrolled House Bill (H) (committee substitute) — source
- House Bill (H) (committee substitute) — source
- House Bill (S) (committee substitute) — source
- Introduced House Bill (H) (committee substitute) — source
Votes
- HB 1279 - Perfect - 3rd Reading — 47–0 (pass) · upper
Sponsors
- Chip Perfect — primary (person)
- Kyle Walker — primary (person)
- Robb Greene — primary (person)
- Blake Doriot — cosponsor (person)
- Eric Koch — cosponsor (person)
- Julie Olthoff — coauthor (person)
- Matt Lehman — coauthor (person)
- Robert Morris — coauthor (person)
- Shelli Yoder — cosponsor (person)
- Stacey Donato — cosponsor (person)
Timeline
The legislative action history — every referral, reading, and vote.
- 2023-01-11 Authored by Representative Greene
- 2023-01-11 First reading: referred to Committee on Commerce, Small Business and Economic Development
reading-1, referral-committee - 2023-01-19 Representative Olthoff added as coauthor
- 2023-02-20 Representatives Morris and Lehman added as coauthors
- 2023-02-21 Committee report: amend do pass, adopted
committee-passage - 2023-02-23 Amendment #1 (Lehman) prevailed; voice vote
amendment-passage - 2023-02-23 Second reading: amended, ordered engrossed
reading-2 - 2023-02-27 Senate sponsors: Senators Perfect and Walker K
- 2023-02-27 Third reading: passed; Roll Call 241: yeas 94, nays 0
passage, reading-3, reading-3 - 2023-02-28 Referred to the Senate
referral - 2023-03-06 First reading: referred to Committee on Commerce and Technology
reading-1, referral-committee - 2023-03-20 Committee report: amend do pass, adopted
committee-passage - 2023-03-21 Senators Koch, Doriot, Yoder, Donato added as cosponsors
- 2023-03-30 Amendment #4 (Perfect) prevailed; voice vote
amendment-passage - 2023-03-30 Amendment #6 (Deery) prevailed; voice vote
amendment-passage - 2023-03-30 Second reading: amended, ordered engrossed
reading-2 - 2023-04-03 Third reading: passed; Roll Call 289: yeas 47, nays 0
passage, reading-3, reading-3 - 2023-04-04 Returned to the House with amendments
receipt - 2023-04-10 Motion to concur filed
filing - 2023-04-11 House concurred in Senate amendments; Roll Call 396: yeas 95, nays 0
- 2023-04-21 Signed by the President Pro Tempore
passage - 2023-04-21 Signed by the Speaker
passage - 2023-04-26 Signed by the President of the Senate
passage - 2023-05-01 Signed by the Governor
executive-signature - 2023-05-01 Public Law 136
became-law
Source
OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/c8eed706-9064-4718-a76f-97fe24538622. Confidence: reported (aggregated from official Indiana legislature records).