Governor Polis Signs HB26-1342, Strengthening Penalties for Bear Luring

In a major legislative shift aimed at reducing human-bear conflicts across the state, Governor Jared Polis has signed HB26-1342, the “Negligently Luring Bears” act. The legislation, which overhauls how Colorado Parks and Wildlife (CPW) enforces wildlife interactions, marks a stringent crackdown on residents who fail to secure food, trash, and other attractants.

Sponsored by Rep. Katie Stewart (D-Durango), the law fundamentally changes the legal standard for issuing citations. Previously, law enforcement had to prove a resident “intentionally” left out food or edible waste to lure a bear. Under the new statute, the burden of proof is lowered to “knowingly” placing attractants in circumstances where there is a reasonable probability of luring a bear.

Critically, HB26-1342 eliminates the mandatory first-offense warning, granting wildlife officers the authority to issue immediate, zero-tolerance citations—even if a bear has not yet appeared on the property. Furthermore, the penalty for a third or subsequent offense has been increased from $2,000 to $5,000.

While proponents argue the measure is necessary to combat a 15% increase in human-bear interactions over the last six years, the bill faced fierce pushback from conservation groups like Save Colorado Birds. Opponents argued the bill’s broad language functionally criminalizes the state’s 1.7 million bird watchers, as the law makes no distinction between an overflowing trash can and a backyard bird feeder. Despite these objections, the law is slated to take full effect ahead of the late summer season when bears enter hyperphagia.


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