Delaware 153rd General Assembly (2025-2026) Status: Passed House 4 D cosponsors

HB 439 — AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE SALE OF ELECTRIC MOPEDS AND ELECTRIC MOTORCYCLES.

Last action — Passed By Senate. Votes: 21 YES

  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 16, 2026. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the Senate.

Odds of enactment

Moderate chance

Based on the sponsor, cosponsors, and committee posture, this bill has a moderate 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

Advancing 54% · moderate confidence

  • Passed House

    Current position in the legislative process.

  • 4 sponsors

    4 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (4 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

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

In plain language

The bill establishes clear marketing and disclosure requirements for electric mopeds and motorcycles in Delaware.

This legislation protects consumers by prohibiting misleading advertising of electric mopeds and motorcycles. It requires sellers to provide specific disclosures about the vehicles' classifications and legal requirements.

What this means for you
  • Consumers: Consumers will receive clearer information when purchasing electric mopeds and motorcycles, reducing confusion about their legal requirements.

Summary

The Truth in E-Bike Marketing Act protects Delaware consumers from purchasing an electric moped or electric motorcycle with the belief that the device may be used in the same way as an electric bicycle, addressing a growing area of market confusion. It prohibits dealers from advertising high-powered motor vehicles using terms like "electric bicycle" or “e-bike” and also requires that sellers provide clear, written disclosures regarding the vehicle's legal classification, maximum power, and the necessity for registration, licensing, and insurance. The bill classifies failure to provide these disclosures as an unlawful business practice. Finally, the bill clarifies that mopeds may not be operated on public pathways, bike lanes, or sidewalks and that crashes involving electric bicycles or mopeds must be identified on the state’s crash reporting website. House Substitute 1 to HB 439 makes the following changes: 1. Changes the term “dealer” to “commercial seller”. 2. Clarifies that this Act applies to electric mopeds and electric motorcycles. 3. Removes the provision requiring the DMV to approve the disclosure statement that must be provided to buyers. 4. Removes the provision requiring a copy of the signed disclosure statement be provided to the DMV. 5. Places the new section of Delaware Code created in Section 3 of this Act into its own chapter.

Bill Text

Action History

  1. Passed By Senate. Votes: 21 YES

  2. Reported Out of Committee (Environment, Energy & Transportation) in Senate with 6 On Its Merits

  3. Assigned to Environment, Energy & Transportation Committee in Senate

  4. Passed By House. Votes: 39 YES 1 NO 1 ABSENT

  5. was introduced and adopted in lieu of HB 439

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

4 sponsors · 0 co-sponsors · 58 not signed on · 1 voted No

Sponsors (4)

Co-sponsors (0)

None.

Not signed on (58)

58 members have not signed on to this bill.

Show all 58 →

"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

SM

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 · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 26001
Republican 13100
Total 39101
% of votes cast 95%2%0%2%
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 Nay
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
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

transportation technology
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 439 do?
The Truth in E-Bike Marketing Act protects Delaware consumers from purchasing an electric moped or electric motorcycle with the belief that the device may be used in the same way as an electric bicycle, addressing a growing area of market confusion. It prohibits dealers from advertising high-powered motor vehicles using terms like "electric bicycle" or “e-bike” and also requires that sellers provide clear, written disclosures regarding the vehicle's legal classification, maximum power, and the necessity for registration, licensing, and insurance. The bill classifies failure to provide these disclosures as an unlawful business practice. Finally, the bill clarifies that mopeds may not be operated on public pathways, bike lanes, or sidewalks and that crashes involving electric bicycles or mopeds must be identified on the state’s crash reporting website. House Substitute 1 to HB 439 makes the following changes: 1. Changes the term “dealer” to “commercial seller”. 2. Clarifies that this Act applies to electric mopeds and electric motorcycles. 3. Removes the provision requiring the DMV to approve the disclosure statement that must be provided to buyers. 4. Removes the provision requiring a copy of the signed disclosure statement be provided to the DMV. 5. Places the new section of Delaware Code created in Section 3 of this Act into its own chapter.
Who sponsors HB 439?
HB 439 is sponsored by Kerri Evelyn Harris (Democratic), Franklin D. Cooke (Democratic), Nicole Poore (Democratic), and Kamela T Smith (Democratic).
What is the current status of HB 439?
This bill has passed the House. Introduced June 16, 2026. It now moves to the second chamber.
Where can I track HB 439?
Track HB 439 free on One Click Politics — get push/email alerts when it moves.

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