AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO ENERGY DRINKS.
This means families can expect fewer energy drinks available to students during school, potentially promoting healthier choices.
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HB 459 — AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO ENERGY DRINKS.
Last action — Passed By Senate. Votes: 21 YES
No card. One bill, free forever — alerts when it moves.
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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 has passed the House. Introduced June 04, 2026. It now moves to the second chamber.
Next likely step: consideration and a floor vote in the Senate.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Passed House
Current position in the legislative process.
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8 sponsors
8 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (7 D).
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
In plain language
The bill prohibits energy drink sales on middle and high school campuses during school hours and events.
This legislation bars the sale of energy drinks in public middle and high schools during school hours or events. It aims to regulate the availability of these beverages to students.
What this means for you
- Families: This means families can expect fewer energy drinks available to students during school, potentially promoting healthier choices.
Summary
This Act prohibits the sale of energy drinks on public middle and high school campuses during school hours or school events.
Bill Text
What changed in the latest version
22 added · 9 removedPlain-language change summary
The amendment adds clarification that the prohibition of energy drink sales at middle and high schools does not affect a student's ability to possess or consume energy drinks that they obtained off campus. This means that while schools cannot sell these drinks during school hours or at school events, students can still bring their own energy drinks from outside.
Neal HOUSE& OFSen. REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE AMENDMENT NO.
1Lockman TOReps. HOUSE BILL NO.
459Heffernan, AMENDGorman, HouseMorrison, BillBerry, No.Lambert, Harris HOUSE OF REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE BILL NO.
459 byAN insertingACT theTO followingAMEND afterTITLE line14 13:OF THE DELAWARE CODE RELATING TO ENERGY DRINKS.
“(c)BE ThisIT sectionENACTED doesBY notTHE limitGENERAL possessionASSEMBLY orOF consumptionTHE bySTATE aOF studentDELAWARE: of an energy drink obtained off campus.”.
SYNOPSISSection This1. amendment clarifies that the prohibition of energy drink sales at school does not operate to restrict beverages a student brings to campus themself.
Amend Chapter 41, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4137D.
Prohibition of the sale of energy drinks on school campuses.
(a) For purposes of this section:
(1) “Campus” means areas of property under the jurisdiction of a school district or charter school that are accessible to students.
(2) “Energy drink” means a beverage that contains caffeine and is advertised as being specifically designed to provide energy, generally including a combination of methylxanthines, B vitamins, and herbal ingredients.
An energy drink does not include a beverage that solely contains caffeine brewed or steeped from coffee beans or tea leaves.
(3) “Extended school day” means any mandatory or voluntary school activity that students attend, including clubs, sporting events, band and choir practice, student government, drama performances, and school dances.
(b) The sale of energy drinks is prohibited on all middle and high school campuses in this State during regular school hours and the extended school day.
SYNOPSIS This Act prohibits the sale of energy drinks on public middle and high school campuses during school hours or school events.
KLCD :
SCDDS Page 1 of 1 Released:
06/18/202606/03/2026 11:5405:28 AMPM 02815302231041530042
Action History
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Passed By Senate. Votes: 21 YES
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Reported Out of Committee (Education) in Senate with 4 On Its Merits
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Assigned to Education Committee in Senate
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Passed By House. Votes: 39 YES 2 ABSENT
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Amendment HA 1 to HB 459 - Passed In House by Voice Vote
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Amendment HA 1 to HB 459 - Introduced and Placed With Bill
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Reported Out of Committee (Education) in House with 1 Favorable, 9 On Its Merits
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Introduced and Assigned to Education Committee in House
Sponsors
- Stell Parker Selby · Primary
- Kerri Evelyn Harris · Primary
- Spiros Mantzavinos · Primary
- Eric Morrison · Primary
- Mara Gorman · Primary
- Russell Huxtable · Primary
- Josue O Ortega · Primary
- DeShanna U Neal · Primary
Sponsorship breakdown
Export CSV (upgrade) →8 sponsors · 0 co-sponsors · 54 not signed on
Sponsors (8)
- Stell Parker Selby
- Kerri Evelyn Harris Democratic
- Spiros Mantzavinos Democratic
- Eric Morrison Democratic
- Mara Gorman Democratic
- Russell Huxtable Democratic
- Josue O Ortega Democratic
- DeShanna U Neal Democratic
Co-sponsors (0)
None.
Not signed on (54)
54 members have not signed on to this bill.
Show all 54 →"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 |
|---|---|---|---|---|
| Democratic | 15 | 0 | 0 | 0 |
| Republican | 6 | 0 | 0 | 0 |
| Total | 21 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Bryan Townsend | Democratic | Yea |
| Daniel Cruce | Democratic | Yea |
| Darius J. Brown | Democratic | Yea |
| David P. Sokola | Democratic | Yea |
| John "Jack" Walsh | Democratic | Yea |
| Kyra L. Hoffner | Democratic | Yea |
| Laura V. Sturgeon | Democratic | Yea |
| Marie Pinkney | Democratic | Yea |
| Nicole Poore | Democratic | Yea |
| Ray Seigfried | Democratic | Yea |
| Russell Huxtable | Democratic | Yea |
| S. Elizabeth Lockman | Democratic | Yea |
| Spiros Mantzavinos | Democratic | Yea |
| Stephanie L. Hansen | Democratic | Yea |
| Trey Paradee | Democratic | Yea |
| Brian Pettyjohn | Republican | Yea |
| Bryant L. Richardson | Republican | Yea |
| Dave G. Lawson | Republican | Yea |
| David L. Wilson | Republican | Yea |
| Eric Buckson | Republican | Yea |
| Gerald W. Hocker | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 26 | 0 | 0 | 1 |
| Republican | 13 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (41)
| Member | Party | Vote |
|---|---|---|
| Alonna Berry | Democratic | Yea |
| Claire Snyder-Hall | Democratic | Yea |
| Cyndie Romer | Democratic | Yea |
| DeShanna U Neal | Democratic | Yea |
| Debra Heffernan | Democratic | Yea |
| Edward S. Osienski | Democratic | Yea |
| Eric Morrison | Democratic | Yea |
| Frank Burns | Democratic | Not Voting |
| Franklin D. Cooke | Democratic | Yea |
| Josue O Ortega | Democratic | Yea |
| Kamela T Smith | Democratic | Yea |
| Kendra Johnson | Democratic | Yea |
| Kerri Evelyn Harris | Democratic | Yea |
| Kimberly Williams | Democratic | Yea |
| Krista Griffith | Democratic | Yea |
| Larry Lambert | Democratic | Yea |
| Madinah Wilson-Anton | Democratic | Yea |
| Mara Gorman | Democratic | Yea |
| Melanie Ross Levin | Democratic | Yea |
| Melissa Minor-Brown | Democratic | Yea |
| Nnamdi O. Chukwuocha | Democratic | Yea |
| Sean M. Lynn | Democratic | Yea |
| Sherae'a Moore | Democratic | Yea |
| Sophie Phillips | Democratic | Yea |
| Stephanie T. Bolden | Democratic | Yea |
| William Bush | Democratic | Yea |
| William J. Carson | Democratic | Yea |
| Bryan W. Shupe | Republican | Yea |
| Charles S Postles Jr. | Republican | Yea |
| Daniel B. Short | Republican | Yea |
| Jeff Hilovsky | Republican | Yea |
| Jeffrey N. Spiegelman | Republican | Yea |
| Jesse R. Vanderwende | Republican | Not Voting |
| Kevin S Hensley | Republican | Yea |
| Lyndon D. Yearick | Republican | Yea |
| Michael F. Smith | Republican | Yea |
| Richard G. Collins | Republican | Yea |
| Ronald E. Gray | Republican | Yea |
| Shannon Morris | Republican | Yea |
| Timothy D. Dukes | Republican | Yea |
| Valerie Jones Giltner | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 459 do?
- This Act prohibits the sale of energy drinks on public middle and high school campuses during school hours or school events.
- Who sponsors HB 459?
- HB 459 is sponsored by Stell Parker Selby, Kerri Evelyn Harris (Democratic), Spiros Mantzavinos (Democratic), Eric Morrison (Democratic), Mara Gorman (Democratic), Russell Huxtable (Democratic), Josue O Ortega (Democratic), and DeShanna U Neal (Democratic).
- What is the current status of HB 459?
- This bill has passed the House. Introduced June 04, 2026. It now moves to the second chamber.
- Where can I track HB 459?
- Track HB 459 free on One Click Politics — get push/email alerts when it moves.
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