HB 3 — Third-party delivery service; prohibit from using name, likeness, trademark or intellectual property of merchant without agreement.
Last action — Died On Calendar
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2023 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
26 added · 34 removedPlain-language change summary
The recent amendments to Bill HB 3 change the focus from "merchants" to "restaurants," which means the new protections are specifically designed for restaurants rather than all types of businesses. This law prohibits third-party delivery services from using a restaurant's name or branding without permission, and it ensures that any agreements cannot include an indemnity clause, which could protect the delivery service in case of issues. These changes are significant because they help safeguard the rights of restaurants, giving them more control over their brand and how it is used, which can enhance their business and reputation.
Judiciary A COMMITTEE SUBSTITUTE FOR HOUSE BILL NO.
3 (As Passed the House) AN ACT TO PROVIDE DEFINITIONS RELATING TO THIRD-PARTY DELIVERY SERVICES THAT ADVERTISE, PROMOTE OR CONVEY ANY RELATIONSHIP WITH A RESTAURANT OR USE THE NAME, LIKENESS, TRADEMARK, OR INTELLECTUAL PROPERTY BELONGING TO A RESTAURANT ON THE THIRD-PARTY DELIVERY PLATFORM;
3 *HR26/R1110CS**HR26/R1110PH* ~ OFFICIAL ~ G1/2 23/HR26/R1110CS23/HR26/R1110PH PAGE 1 (GT\KW) (c) "Likeness" means the logo, motto, or any identifiable symbols attributed and easily identified as belonging to a specific restaurant.
(d) "restaurant""Restaurant" means and includes a restaurant owner,owner a restaurant or othera retailrestaurant. entity.
(f) "Third-party delivery service" means a company, organization,organization or other entity, other than a restaurant, that is licensed to do business in this state and provides limited delivery services to a consumer.
(2) AnA agreementrestaurant executedwhose inname, accordancelikeness, withtrademark, thisor actintellectual shallproperty notis includeused by a provision,third-party clause,delivery orservice covenantin thatviolation requiresof athis restaurantchapter toshall indemnifyhave athe third-partyright deliveryto service,bring anyan independentaction contractorin actinga oncourt behalf of thecompetent third-partyjurisdiction. H.
H.
3 *HR26/R1110CS**HR26/R1110PH* ~ OFFICIAL ~ 23/HR26/R1110CS23/HR26/R1110PH PAGE 2(GT\KW) delivery(3) service,Upon ora anyfinding registeredby agenta court of thecompetent jurisdiction that a third-party delivery service,service forused anythe damagesname, orlikeness, harmtrademark, thator mayintellectual occurproperty afterof thea restaurant productin leavesviolation of this act, the placecourt ofmay businessimpose a civil penalty in an amount not to exceed five thousand dollars ($5,000.00), or the amount of the restaurant.restaurant's actual damages, whichever is greater.
(3) A restaurant whose name, likeness, trademark, or intellectual property is used by a third-party delivery service in violation of this chapter shall have the right to bring an action in a court of competent jurisdiction.
(4) Upon a finding by a court of competent jurisdiction that a third-party delivery service used the name, likeness, trademark, or intellectual property of a restaurant in violation of this act, the court may impose a civil penalty in an amount not to exceed five thousand dollars ($5,000.00), or the amount of the restaurant's actual damages, whichever is greater.
3 *HR26/R1110CS**HR26/R1110PH* ~ OFFICIAL ~ 23/HR26/R1110CS23/HR26/R1110PH ST:
prohibit from PAGE 3(GT\KW) using name, likeness, trademark or intellectual property of restaurantsmerchant without agreement.
View plain text versions (3)
- Current version View text Current pdf
- Committee Substitute View text pdf
- Introduced As Introduced pdf
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Died On Calendar
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Title Suff Do Pass As Amended
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Referred To Business and Financial Institutions
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Transmitted To Senate
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Passed As Amended
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Amended
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Committee Substitute Adopted
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Read the Third Time
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Title Suff Do Pass Comm Sub
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Referred To Judiciary A
Sponsors
- Henry Zuber III · Primary
- Stamps · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 173 not signed on · 2 voted No
Sponsors (1)
- Henry Zuber III Republican
Co-sponsors (1)
- Stamps
Not signed on (173)
173 members have not signed on to this bill.
Show all 173 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 53 | 2 | 0 | 2 |
| Democrat | 26 | 0 | 0 | 3 |
| Unaffiliated | 28 | 2 | 0 | 2 |
| Independent | 2 | 0 | 0 | 0 |
| Total | 109 | 4 | 0 | 7 |
| % of votes cast | 91% | 3% | 0% | 6% |
How each member voted (120)
| Member | Party | Vote |
|---|---|---|
| Bailey | — | Yea |
| Bain | — | Yea |
| Barnett | — | Yea |
| Blackmon | — | Yea |
| Boyd (19th) | — | Yea |
| Boyd (37th) | — | Yea |
| Busby | — | Yea |
| Clarke | — | Yea |
| Darnell | — | Yea |
| Gibbs | — | Yea |
| Goodin | — | Yea |
| Jackson | — | Yea |
| Johnson | — | Yea |
| Lancaster | — | Yea |
| McLeod | — | Yea |
| Miles | — | Yea |
| Paden | — | Yea |
| Patterson | — | Yea |
| Reynolds | — | Yea |
| Robinson | — | Yea |
| Stamps | — | Yea |
| Straughter | — | Yea |
| Thompson | — | Yea |
| Walker | — | Yea |
| Weathersby | — | Yea |
| Williamson | — | Yea |
| Young | — | Yea |
| Mr. Speaker | — | Yea |
| Bomgar | — | Nay |
| Criswell | — | Nay |
| Hopkins | — | Not Voting |
| Huddleston | — | Not Voting |
| Bo Brown | Democrat | Not Voting |
| Bo Brown | Democrat | Not Voting |
| Bob Evans | Democrat | Yea |
| Bob Evans | Democrat | Yea |
| Bryant W. Clark | Democrat | Yea |
| Carl Mickens | Democrat | Yea |
| Cedric Burnett | Democrat | Yea |
| Cheikh Taylor | Democrat | Yea |
| Christopher M. Bell | Democrat | Yea |
| Daryl Porter | Democrat | Yea |
| Earle S. Banks | Democrat | Yea |
| Gregory Holloway, Sr. | Democrat | Yea |
| Hester Jackson McCray | Democrat | Yea |
| Jeffery Harness | Democrat | Yea |
| Jeffrey Hulum III | Democrat | Yea |
| Jeramey Anderson | Democrat | Yea |
| John G. Faulkner | Democrat | Yea |
| John W. Hines, Sr. | Democrat | Not Voting |
| Kabir Karriem | Democrat | Yea |
| Omeria Scott | Democrat | Yea |
| Oscar Denton | Democrat | Yea |
| Otis Anthony | Democrat | Yea |
| Percy W. Watson | Democrat | Yea |
| Robert L. Sanders | Democrat | Yea |
| Ronnie C. Crudup | Democrat | Yea |
| Solomon C. Osborne | Democrat | Yea |
| Stephanie Foster | Democrat | Yea |
| Tracey T. Rosebud | Democrat | Yea |
| Zakiya Summers | Democrat | Yea |
| Angela Cockerham | Independent | Yea |
| Shanda Yates | Independent | Yea |
| Becky Currie | Republican | Not Voting |
| Bill Kinkade | Republican | Yea |
| Bill Pigott | Republican | Yea |
| Billy Adam Calvert | Republican | Yea |
| Brent Anderson | Republican | Yea |
| Brent Powell | Republican | Yea |
| C. Scott Bounds | Republican | Yea |
| Carolyn Crawford | Republican | Yea |
| Casey Eure | Republican | Yea |
| Clay Deweese | Republican | Yea |
| Dan Eubanks | Republican | Yea |
| Dana McLean | Republican | Yea |
| Donnie Bell | Republican | Yea |
| Donnie Scoggin | Republican | Yea |
| Fred Shanks | Republican | Yea |
| Gene Newman | Republican | Nay |
| Greg Haney | Republican | Yea |
| Henry Zuber III | Republican | Yea |
| Jansen Owen | Republican | Nay |
| Jason White | Republican | Yea |
| Jay McKnight | Republican | Yea |
| Jeff Hale | Republican | Yea |
| Jeffrey S. Guice | Republican | Yea |
| Jerry R. Turner | Republican | Yea |
| Jill Ford | Republican | Yea |
| Jody Steverson | Republican | Yea |
| Joey Hood | Republican | Yea |
| John Read | Republican | Yea |
| John Thomas "Trey" Lamar, III | Republican | Yea |
| Joseph Tubb | Republican | Yea |
| Karl Oliver | Republican | Yea |
| Ken Morgan | Republican | Yea |
| Kent McCarty | Republican | Yea |
| Kevin Felsher | Republican | Yea |
| Kevin Ford | Republican | Yea |
| Kevin Horan | Republican | Yea |
| Larry Byrd | Republican | Yea |
| Lee Yancey | Republican | Yea |
| Lester Carpenter | Republican | Yea |
| Manly Barton | Republican | Yea |
| Mark Tullos | Republican | Yea |
| Missy McGee | Republican | Yea |
| Noah Sanford | Republican | Yea |
| Price Wallace | Republican | Yea |
| Randy Rushing | Republican | Yea |
| Richard Bennett | Republican | Yea |
| Rob Roberson | Republican | Yea |
| Sam C. Mims, V | Republican | Yea |
| Sam Creekmore IV | Republican | Yea |
| Shane Aguirre | Republican | Yea |
| Stacey Hobgood-Wilkes | Republican | Not Voting |
| Stephen A. Horne | Republican | Yea |
| Steve Massengill | Republican | Yea |
| Timmy Ladner | Republican | Yea |
| Troy Smith | Republican | Yea |
| Vince Mangold | Republican | Yea |
| William Tracy Arnold | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors HB 3?
- HB 3 is sponsored by Henry Zuber III (Republican) and Stamps.
- What is the current status of HB 3?
- This bill died with 2023 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 3?
- Track HB 3 free on One Click Politics — get push/email alerts when it moves.
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Last checked for changes 3 months ago · updated continuously
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