Indiana 2023 Regular Session Status: Enacted Bipartisan · 8 R · 1 D cosponsors

HB 1279 — Third party food delivery services.

Last action — Public Law 136

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 11, 2023. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 78% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 10 sponsors

    3 primary, 7 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (8 R · 1 D) — cross-party backing.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

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 Text

We don't have the full text on file for this bill yet.

Read HB 1279 on the official Indiana source →

Action History

  1. Public Law 136

  2. Signed by the Governor

  3. Signed by the President of the Senate

  4. Signed by the Speaker

  5. Signed by the President Pro Tempore

  6. House concurred in Senate amendments; Roll Call 396: yeas 95, nays 0

  7. Motion to concur filed

  8. Returned to the House with amendments

  9. Third reading: passed; Roll Call 289: yeas 47, nays 0

  10. Second reading: amended, ordered engrossed

  11. Amendment #6 (Deery) prevailed; voice vote

  12. Amendment #4 (Perfect) prevailed; voice vote

  13. Senators Koch, Doriot, Yoder, Donato added as cosponsors

  14. Committee report: amend do pass, adopted

  15. First reading: referred to Committee on Commerce and Technology

  16. Referred to the Senate

  17. Third reading: passed; Roll Call 241: yeas 94, nays 0

  18. Senate sponsors: Senators Perfect and Walker K

  19. Second reading: amended, ordered engrossed

  20. Amendment #1 (Lehman) prevailed; voice vote

  21. Committee report: amend do pass, adopted

  22. Representatives Morris and Lehman added as coauthors

  23. Representative Olthoff added as coauthor

  24. First reading: referred to Committee on Commerce, Small Business and Economic Development

  25. Authored by Representative Greene

Sponsors

Sponsorship breakdown

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3 sponsors · 7 co-sponsors · 140 not signed on

Sponsors (3)

Co-sponsors (7)

Not signed on (140)

140 members have not signed on to this bill.

Show all 140 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety labor technology agriculture
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 1279 do?
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.
Who sponsors HB 1279?
HB 1279 is sponsored by Stacey Donato (Republican), Shelli Yoder (Democrat), Blake Doriot (Republican), Eric Koch (Republican), Kyle Walker (Republican), Chip Perfect, Matt Lehman (Republican), Robert Morris (Republican), Julie Olthoff (Republican), and Robb Greene (Republican).
What is the current status of HB 1279?
This bill has been enacted into law. Introduced January 11, 2023. Enacted.
Where can I track HB 1279?
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