HB 1342

HOUSE BILL 26-1342
BY REPRESENTATIVE(S) Stewart K. and Lukens, Brown, Goldstein,
Joseph, Lindsay, Mauro, McCormick, Sirota, Smith, McCluskie;
also SENATOR(S) Marchman, Cutter, Kipp, Sullivan, Coleman.
CONCERNING KNOWING BEHAVIOR THAT LURES BEARS.
Be it enacted by the General Assembly of the State of Colorado:
       SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
       (a) The black bear, whose scientific name is Ursus americanus, is a
species native to Colorado;
         (b) Black bears are culturally and ecologically significant to the
state;
         (c) There are an estimated 17,000 to 20,000 black bears in Colorado;
       (d) As the state's population, development, and tourism continues to
grow, constraints on wild habitat and food sources, including natural food
failures driven by drought and other climatic conditions, are likely to
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
increase, resulting in more human-black bear interactions and conflicts;
       (e) In 2024, the division of parks and wildlife received over 5,000
reports of sightings and conflicts with black bears, which is 14.8% higher
than the previous 5 years;
       (f) In 2024, the division of parks and wildlife spent nearly 6,000
hours of staff time responding to human-black bear conflicts and spent
nearly $800,000 in supplies, grants, and salaries related to human-black
bear conflicts;
       (g) The majority of incident reports related to black bears involve
black bears attempting to access human food sources, with over 50% of
reported sightings and conflicts in 2024 linked to trash and food waste;
      (h) Human-black bear conflicts pose safety and health issues for
both humans and black bears; and
        (i) In 2024, 68 black bears needed to be relocated and 98 were
euthanized because of incidents with humans, many of which were the
result of human negligence.
       (2) In order to avoid unsafe situations between black bears and
humans, it is imperative, therefore, that Coloradans and visitors to the state
properly manage attractants that might lure black bears into situations of
human conflict.
        SECTION 2. In Colorado Revised Statutes, 33-6-131, amend (1),
(2), (3) introductory portion, and (3)(c) as follows:
       33-6-131. Luring bears - penalty - definition.
       (1) Unless otherwise permitted by commission rule, it is unlawful
for any person to place A PERSON THAT KNOWINGLY PLACES food or edible
waste in the open with the intent of luring a wild bear to such food or edible
waste IN CIRCUMSTANCES WHERE THERE IS A REASONABLE PROBABILITY OF
LURING A WILD BEAR TO THE FOOD OR EDIBLE WASTE COMMITS A
MISDEMEANOR.
       (2) (a)   This section shall DOES not apply to acts related to
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agriculture, as defined in section 35-1-102 (1). C.R.S.
        (b) For the purposes of AS USED IN this section, "food or edible
waste" shall DOES not include live animals or food that is grown in the open
prior to such THE food being harvested.
       (3) Any A person who THAT violates SUBSECTION (1) OF this section,
shall be given a warning. Upon a second or subsequent violation of this
section, the person is guilty of a misdemeanor and, upon conviction, shall
be punished by a fine not to exceed:
       (c) Two FIVE thousand dollars for a third or subsequent offense.
        SECTION 3. Act subject to petition - effective date -
applicability. (1) This act takes effect at 12:01 a.m. on the day following
the expiration of the ninety-day period after final adjournment of the
general assembly (August 12, 2026, if adjournment sine die is on May 13,
2026); except that, if a referendum petition is filed pursuant to section 1 (3)
of article V of the state constitution against this act or an item, section, or
part of this act within such period, then the act, item, section, or part will
not take effect unless approved by the people at the general election to be
held in November 2026 and, in such case, will take effect on the date of the
official declaration of the vote thereon by the governor.
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       (2) This act applies to offenses committed on or after the applicable
effective date of this act.
____________________________  ____________________________
Julie McCluskie  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
____________________________  ____________________________
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
       APPROVED________________________________________
                          (Date and Time)
                   _________________________________________
                  Jared S. Polis
                  GOVERNOR OF THE STATE OF COLORADO
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