HB26-1342 revises Colorado’s law on luring bears by broadening the conduct that can trigger a misdemeanor. Under current law, a person commits the offense by intentionally placing food or edible waste in the open to lure a wild bear. The bill lowers that mental state to criminal negligence and, in the enacted text, makes it unlawful for a person who knowingly places food or edible waste in the open in circumstances where there is a reasonable probability of luring a wild bear. The bill also keeps the existing carve-out for agricultural activity and clarifies that live animals and unharvested crops are not included in “food or edible waste.”
The bill’s penalty structure is also strengthened. It removes the requirement that a first violation receive only a warning and instead provides that a person violating the section is guilty of a misdemeanor, with escalating fines for repeat offenses. The fine for a third or subsequent offense is increased from $2,000 to $5,000. The act applies only to offenses committed on or after its effective date.
The legislative declaration explains the policy rationale: Colorado’s black bear population is large and human-bear conflicts are increasing due to population growth, development, tourism, drought, and food scarcity. The bill cites state data showing thousands of bear-related reports, substantial staff time and spending by Colorado Parks and Wildlife, and many incidents tied to trash and other human food sources. It frames the measure as a public safety and wildlife-management response intended to reduce attractants that draw bears into conflict with people.
The overall sentiment appears supportive and conservation-oriented, with the bill ultimately passing and being signed by the Governor. The discussion embedded in the bill text emphasizes the need for stronger deterrence because many incidents are attributed to human negligence rather than unavoidable wildlife behavior. The main point of contention is the shift from an intent-based offense to a negligence-based standard, which expands potential liability for people who fail to manage food waste carefully, though the agricultural exemption and exclusions for certain food sources appear designed to limit unintended impacts on farmers and routine outdoor activity.
Impact
HB26-1342 amends Colorado Revised Statutes section 33-6-131 governing luring bears. It lowers the culpability threshold from intent to criminal negligence/knowing conduct in circumstances likely to lure a bear, removes the mandatory first-offense warning, and increases the maximum fine for a third or subsequent offense to $5,000. The bill affects individuals, property owners, visitors, and others who leave food or edible waste accessible to bears, while preserving an exemption for agriculture and excluding live animals and unharvested crops from the definition of food or edible waste.
Sentiment
The bill’s tone and legislative findings reflect strong concern about human-bear conflicts and support for tougher deterrence measures. The measure appears to have been viewed favorably by lawmakers, as it advanced through committee and was ultimately signed into law. The discussion in the bill text frames the issue as a public safety, wildlife conservation, and resource-management problem, with emphasis on reducing preventable incidents caused by human behavior.
Contention
The principal policy issue is the expansion of liability from intentional conduct to a lower mental state, which could make it easier to prosecute or fine people who negligently leave attractants accessible to bears. Supporters appear to favor this change because many incidents involve trash and food waste and because existing warnings may not sufficiently deter repeat behavior. Potential concerns center on fairness and overbreadth, especially for residents, visitors, and property owners who may inadvertently create attractants, though the bill narrows those concerns by exempting agricultural activities and excluding certain food sources from coverage.