Delaware 150th General Assembly (2019-2020) Status: Enacted Bipartisan · 10 D · 3 R cosponsors

HB 79 — AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE REGARDING DEFAULT BEVERAGES IN CHILDRENS’ MEALS IN RESTAURANTS.

Last action — Signed by Governor

  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 May 30, 2019. 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 98% · high confidence

  • Enacted

    Current position in the legislative process.

  • 25 sponsors

    8 primary, 17 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (10 D · 3 R) — cross-party backing.

  • 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.

Summary

This bill requires the State food safety standards for restaurants to include a system for requiring healthy beverages to be offered as the default beverage with a combination children’s meal inclusive of a drink, sold together at a unit price. It does not prohibit the restaurant’s ability to sell, or a customer’s ability to choose, a substitute or alternative beverage as-requested by a customer. This effectively creates an “opt in” instead of an “opt out” for many sugar-rich drink choices for children. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Bill Text

What changed in the latest version

9 added · 11 removed

9 line(s) added, 11 removed.

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Hensley HOUSE OF REPRESENTATIVES 150th GENERAL ASSEMBLY HOUSE AMENDMENT NO.
Minor-Brown HOUSE OF REPRESENTATIVES 150th GENERAL ASSEMBLY HOUSE AMENDMENT NO.
1 TO HOUSE BILL NO.
2 TO HOUSE BILL NO.
79 on line 32 by inserting “The standards shall reflect that enforcement of this section, when considered separate from other violations, may not result in fines, fees or other monetary penalties.” after the period therein.
79 on line 12 by deleting “§ 122,” as it appears therein in and inserting in lieu thereof “Chapter 1, Subchapter II of”.
SYNOPSIS This is a friendly amendment clarifying that this bill will not lead to additional fines or penalties for restaurants.
FURTHER AMEND House Bill No.
There will not be any special or additional fines levied for violation of this section.
79 on line 19 by inserting “or 2%” after “1%” and before “dairy” and therein.
DPH can still perform re-inspections in the usual course of business with the food code.
SYNOPSIS This amendment adds 2% dairy milk to the list of items that may be offered as a default beverage for children’s meals that include a beverage.
This is distinct from the Wilmington ordinance which specifically does have fines.
This amendment further corrects a typographical error in the Section 2 location.
HR :
HD :
RDS :
MRS :
AFJ Page 1 of 1 Released:
MAW Page 1 of 1 Released:
06/20/2019 10:26 AM 1031500188
06/20/2019 11:28 AM 2141500147
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Action History

  1. Signed by Governor

  2. Passed By Senate. Votes: 16 YES 5 NO

  3. Reported Out of Committee (Health & Social Services) in Senate with 1 Favorable, 2 On Its Merits

  4. Assigned to Health & Social Services Committee in Senate

  5. Passed By House. Votes: 28 YES 11 NO 2 ABSENT

  6. Amendment HA 2 to HB 79 - Passed In House by Voice Vote

  7. Amendment HA 1 to HB 79 - Passed In House by Voice Vote

  8. Amendment HA 2 to HB 79 - Introduced and Placed With Bill

  9. Amendment HA 1 to HB 79 - Introduced and Placed With Bill

  10. Reported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 6 On Its Merits, 1 Unfavorable

  11. Introduced and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House

Sponsors

Sponsorship breakdown

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8 sponsors · 17 co-sponsors · 37 not signed on · 17 voted No

Sponsors (8)

Co-sponsors (17)

Not signed on (37)

37 members have not signed on to this bill.

Show all 37 →

"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 15 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Democratic 8100
Republican 2300
Total 15600
% of votes cast 71%29%0%0%
How each member voted (21)
Member Party Vote
Anthony Delcollo — Yea
Bruce C. Ennis — Nay
Catherine Cloutier — Yea
Colin Bonini — Nay
David B. McBride — Yea
Ernesto B Lopez — Yea
Harris B. McDowell — Yea
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Nay
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Laura V. Sturgeon Democratic Yea
Nicole Poore Democratic Yea
S. Elizabeth Lockman Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Nay
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Nay
David L. Wilson Republican Yea
Gerald W. Hocker Republican Nay

Official roll call →

SM

Passed 28 Yea · 11 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 14201
Democratic 12000
Republican 2901
Total 281102
% of votes cast 68%27%0%5%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
David Bentz — Yea
Earl G. Jaques Jr. — Yea
Gerald L. Brady — Yea
John A. Kowalko — Yea
John J. Viola — Yea
John L. Mitchell — Yea
Michael Ramone — Not Voting
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Quinton Johnson — Yea
Raymond Seigfried — Yea
Ruth Briggs King — Nay
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stephen Smyk — Nay
Valerie Longhurst — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Nay
Charles S Postles Jr. Republican Nay
Daniel B. Short Republican Not Voting
Jeffrey N. Spiegelman Republican Nay
Jesse R. Vanderwende Republican Nay
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Nay
Michael F. Smith Republican Yea
Richard G. Collins Republican Nay
Ronald E. Gray Republican Nay
Shannon Morris Republican Nay
Timothy D. Dukes Republican Nay

Official roll call →

Subjects

public-safety healthcare education
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 79 do?
This bill requires the State food safety standards for restaurants to include a system for requiring healthy beverages to be offered as the default beverage with a combination children’s meal inclusive of a drink, sold together at a unit price. It does not prohibit the restaurant’s ability to sell, or a customer’s ability to choose, a substitute or alternative beverage as-requested by a customer. This effectively creates an “opt in” instead of an “opt out” for many sugar-rich drink choices for children. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Who sponsors HB 79?
HB 79 is sponsored by Kendra Johnson (Democratic), Kevin S Hensley (Republican), Nnamdi O. Chukwuocha (Democratic), David L. Wilson (Republican), Bryan Townsend (Democratic), David P. Sokola (Democratic), Nicole Poore (Democratic), Trey Paradee, Stephanie L. Hansen (Democratic), Michael F. Smith (Republican), Franklin D. Cooke (Democratic), Stephanie T. Bolden (Democratic), Laura V. Sturgeon, S. Elizabeth Lockman (Democratic), Melissa Minor-Brown (Democratic), Catherine Cloutier, Valerie Longhurst, Anthony Delcollo, David B. McBride, Harris B. McDowell, Paul S. Baumbach, David Bentz, Earl G. Jaques Jr., Michael Ramone, and Raymond Seigfried.
What is the current status of HB 79?
This bill has been enacted into law. Introduced May 30, 2019. Enacted.
Where can I track HB 79?
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