HB 1279 Indiana House · 2023 Regular Session

Third party food delivery services.

Summary
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.
Bill status signed all 5 stages cleared
Introduction
Jan 2023
Committee Review
Mar 2023
House Passage
Apr 2023
Senate Passage
Apr 2023
Signed into Law
May 2023
Introduced Jan 11, 2023 Signed May 1, 2023
Floor votes · Senate Apr 3, 2023

How they voted

450
Passed · 3 other
Total votes 48
Apr 3, 2023
D Democratic10
9 Yea 1
90% Yea
R Republican38
36 Yea 2
94% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
25
Key actions
12
Committee
2
Amendments
3
May 1, 2023
Signed into law
Signed by the Governor
executive
Apr 26, 2023
Upper · Passed
Signed by the President of the Senate
upper
Apr 21, 2023
Lower · Passed
Signed by the Speaker
lower
Apr 21, 2023
Upper · Passed
Signed by the President Pro Tempore
upper
Apr 11, 2023
Lower · Passed
House concurred in Senate amendments; Roll Call 396: yeas 95, nays 0
lower
Apr 3, 2023
Upper · Passed
Third reading: passed; Roll Call 289: yeas 47, nays 0
upper
Mar 30, 2023
Upper · Passed
Amendment #6 (Deery) prevailed; voice vote
upper
Mar 30, 2023
Upper · Passed
Amendment #4 (Perfect) prevailed; voice vote
upper
Mar 20, 2023
Upper · Passed
Committee report: amend do pass, adopted
upper
Feb 27, 2023
Lower · Passed
Third reading: passed; Roll Call 241: yeas 94, nays 0
lower
Feb 23, 2023
Lower · Passed
Amendment #1 (Lehman) prevailed; voice vote
lower
Feb 21, 2023
Lower · Passed
Committee report: amend do pass, adopted
lower
3 primary · 7 co-sponsors

Sponsors