Delaware · 153rd General Assembly (2025-2026) · Bill
HB 439: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE SALE OF ELECTRIC MOPEDS AND ELECTRIC MOTORCYCLES.
Enacted Official data
- Introduced
- In committee
- Passed one chamber
- Passed both chambers
- Enacted
Last official action: ·Record last updated:
Plain-language summary
HB 439 is a bill introduced in the Delaware House on June 16, 2026. According to its official title, it concerns: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE SALE OF ELECTRIC MOPEDS AND ELECTRIC MOTORCYCLES. Primary sponsor: Kam Smith (Democratic), Nicole Poore (Democratic). It lists 2 additional sponsors. Most recent recorded action (September 24, 2026): Signed by Governor.
Generated automatically from the official title, sponsor list, and status record only. It does not characterize the bill’s purpose or effects. How summaries are written
Official summary
Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.
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.
Sponsors
Sponsors by party (alphabetical): Democratic 4
| Name | Role | Party | Chamber | District |
|---|---|---|---|---|
| Kam Smith | Primary sponsor | Democratic | House | 15 |
| Nicole Poore | Primary sponsor | Democratic | Senate | 12 |
| Frank Cooke | Co-sponsor | Democratic | House | 16 |
| Kerri Harris | Co-sponsor | Democratic | House | 32 |
“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.
Recent official actions
- Signed by Governor
- Passed By Senate. Votes: 21 YES
- Reported Out of Committee (Environment, Energy & Transportation) in Senate with 6 On Its Merits
- Assigned to Environment, Energy & Transportation Committee in Senate
- Passed By House. Votes: 39 YES 1 NO 1 ABSENT
- was introduced and adopted in lieu of HB 439