Delaware 153rd General Assembly (2025-2026) Status: Passed House 7 D cosponsors

HB 459 — AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO ENERGY DRINKS.

Last action — Passed By Senate. Votes: 21 YES

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

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

Advancing 58% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Passed House

    Current position in the legislative process.

  • 8 sponsors

    8 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (7 D).

  • 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 removed

Plain-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.

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Neal HOUSE OF REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE AMENDMENT NO.
Neal & Sen.
1 TO HOUSE BILL NO.
Lockman Reps.
459 AMEND House Bill No.
Heffernan, Gorman, Morrison, Berry, Lambert, Harris HOUSE OF REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE BILL NO.
459 by inserting the following after line 13:
459 AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO ENERGY DRINKS.
“(c) This section does not limit possession or consumption by a student of an energy drink obtained off campus.”.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
SYNOPSIS This amendment clarifies that the prohibition of energy drink sales at school does not operate to restrict beverages a student brings to campus themself.
Section 1.
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.
KL :
CD :
SCD Page 1 of 1 Released:
DS Page 1 of 1 Released:
06/18/2026 11:54 AM 0281530223
06/03/2026 05:28 PM 1041530042
View plain text versions (2)

Action History

  1. Passed By Senate. Votes: 21 YES

  2. Reported Out of Committee (Education) in Senate with 4 On Its Merits

  3. Assigned to Education Committee in Senate

  4. Passed By House. Votes: 39 YES 2 ABSENT

  5. Amendment HA 1 to HB 459 - Passed In House by Voice Vote

  6. Amendment HA 1 to HB 459 - Introduced and Placed With Bill

  7. Reported Out of Committee (Education) in House with 1 Favorable, 9 On Its Merits

  8. Introduced and Assigned to Education Committee in House

Sponsors

Sponsorship breakdown

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8 sponsors · 0 co-sponsors · 54 not signed on

Sponsors (8)

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.

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

Votes

2/3

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 15000
Republican 6000
Total 21000
% 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

Official roll call →

SM

Passed 39 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 26001
Republican 13001
Total 39002
% 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

Official roll call →

Subjects

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 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?
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