HB 1342 — Negligently Luring Bears

SecondHOUSE RegularBILL Session26-1342 Seventy-fifthBY GeneralREPRESENTATIVE(S) AssemblyStewart STATEK. OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO.

26-0394.01and JeryLukens, PayneBrown, x2157Goldstein, HOUSEJoseph, BILLLindsay, 26-1342Mauro, HOUSEMcCormick, SPONSORSHIPSirota, StewartSmith, K.McCluskie;

andalso Lukens,SENATOR(S) Brown, Goldstein, Joseph, Lindsay, Mauro, McCluskie, McCormick, Sirota, Smith SENATE SPONSORSHIP Marchman, Coleman, Cutter, Kipp, SullivanSullivan, eColeman. n e 6 E a 0 A U , N g 8 S d a House Committees Senate Committees e M Agriculture, Water & Natural Resources Agriculture & Natural Resources R r e A BILL FOR AN ACT n m 2 C ONCERNING KNOWING BEHAVIOR THAT LURES BEARS .

TC nONCERNING 2KNOWING NBEHAVIOR UTHAT 7LURES EBEARS i. a Bill Summary S a M R n (Note:

This summary applies to this bill as introduced and does 2 notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill passes third reading in the house of introduction, a bill summary that e applies to the reengrossed version of this bill will be available at n http://leg.colorado.gov.) m 2 E n 2 U U 2 Under current law, a person is guilty of a crime for placing food O i l H a p or edible waste in the open with the intention of luring a wild bear.

The R A r law requires a person to be given a warning for the first violation.

3 The bill:

! Lowers the mental state requirement from intention to criminal negligence;

g d 6 ! Repeals the requirement that a first offense be given a E e 0 warning;

and S R , U d 2 H 2 r Shading denotes HOUSE amendment.

Double underlining denotes SENATE amendment.

e Ap Capital letters or bold & italic numbers indicate new material to be added to existing law.n Dashes through the words or numbers indicate deletions from existing law.

e A ! Raises the fine for a third or subsequent offense from $2,000 to $5,000.

SECTION1.SECTION 1.

Legislativedeclaration.(1)Legislative Thegeneralassemblydeclaration. finds and declares that:

(a)(1) The blackbear,whosescientificnameisUrsusamericanus,general isassembly afinds speciesand nativedeclares tothat: Colorado;

(a) The black bear, whose scientific name is Ursus americanus, is a species native to Colorado;

(c) ThereThereareanestimated17,000to20,000blackbearsinColorado; are an estimated 17,000 to 20,000 black bears in Colorado;

(d) Asthestate'spopulation,development,andtourismcontinuesAsthestate'spopulation,development,andtourismcontinuesto to grow, constraints on wild habitat and food sources, including natural food failures driven by drought and other climatic conditions, are likely toincrease,resultinginmorehuman-blackbearinteractionsandconflicts;to Capital letters or bold & italic numbers indicate new material added to existing law;

(e)dashes In2024,thedivisionofparksandwildlifereceivedover5,000through reportsofsightingsandconflictswithblackbears,whichis14.8%higherwords thanor thenumbers previousindicate 5deletions years;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;

(g) ThemajorityofThe incidentreportsrelatedtoblackbearsinvolvemajority 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;

and -2- 1342 (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,humans,it it is imperative, therefore, that Coloradans and visitorsvisitorstothestate to the state properly manage attractants that might lure black bears into situations of human conflict.

SECTION2.SECTION 2.

InColoradoRevisedStatutes,33-6-131,amend(1),In Colorado Revised Statutes, 33-6-131, amend (1), (2), (3) introductory portion, and (3)(c) as follows:

(1) Unlessotherwisepermittedbycommissionrule,itisunlawfulUnless foranypersontoplaceAPERSONTHATKNOWINGLYPLACESotherwise foodorediblepermitted wasteby incommission therule, openit withis theunlawful intentfor ofany luringperson ato wildplaceA bearPERSON toTHAT suchKNOWINGLY PLACES food or edible wasteintheopenwiththeintentof luringawildbeartosuchfoodoredible waste IN CIRCUMSTANCES WHERE THERE ISISAREASONABLE APROBABILITYOF REASONABLE PROBABILITY OF LURING A WILD BEAR TO THE FOOD OR EDIBLE WASTE COMMITS A MISDEMEANOR .

(2) (a) This section shallESshall DOES not apply to acts related to PAGE 2-HOUSE BILL 26-1342 agriculture, as defined in section 35-1-102 (1).

(b) For the purposes ASof A S USED INthisIN this section, "food or edible waste"waste"shall shallOESDOES notnotincludeliveanimalsorfoodthatisgrownintheopen include live animals or food that is grown in the open prior to suchEsuchTHE food being harvested.

(3) Any AApersonwho person who THAT violateSUBSECTIONviolatesSUBSECTION (1)OF thisthissection, section, shall be given a warning.

Upon a second orsubsequentviolationor subsequent violation of this section, the person is guilty of a misdemeanor and,nand, upon conviction, shall be punished by a fine not to exceed:

(c) Two FIVEthousandFIVE thousand dollars for a third or subsequent offense.

Act subject to petition - effective date - -3-applicability. 1342 applicability.(1) Thisacttakeseffectat12:01a.m.onthedayfollowing the expiration of the ninety-day period after final adjournment of the generalassembly(August12,2026,ifadjournmentsinedieisonMay13, 2026);

except(1) that,This if a referendum petition is filed pursuant to section 1 (3)ofarticleVofthestateconstitutionagainstthisactoranitem,section, or part of this act withintakes such period, then the act, item, section, or part will not take effect unless approved bythe people at the12:01 generala.m. 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.

(2)on Thisthe actday appliesfollowing tothe offensesexpiration committedof the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026);exceptthat,if areferendumpetitionisfiledpursuanttosection1(3) of article V of the state constitution against this act or afteran item, section, or part of this act within such period, then the applicableact, effectiveitem, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and,insuchcase,willtakeeffectonthe date of thisthe act.official declaration of the vote thereon by the governor.

-4-PAGE 13423-HOUSE BILL 26-1342 (2) Thisactappliestooffensescommittedonoraftertheapplicable 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 PAGE 4-HOUSE BILL 26-1342