Bear Proof Guide
BEAR PROOFGUIDE
Colorado Law · HB26-1342

Colorado's Bear-Luring Law, Fully Explained

The bill text, the actual vote counts, the CPW data that motivated it, and a detail almost no coverage mentions: the law's own sponsor changed the legal standard from negligent to knowing on the House floor, before it ever passed.

14 min read · Updated Sep 1, 2026
Bear-crossing warning sign on a Colorado mountain highway
On this page12 sections
The Core Idea

Despite its popular nickname, "Negligently Luring Bears," the final law requires proving someone acted knowingly — a higher bar than negligence, and a standard the bill's own lead sponsor raised on the House floor before passage.

What Changed, Exactly

HB26-1342, formally introduced as "Concerning Negligent Behavior That Lures Bears" and signed into law under the amended title "Concerning Knowing Behavior That Lures Bears," amends Colorado Revised Statute § 33-6-131 — the state's existing "luring bears" misdemeanor. It was signed by Gov. Jared Polis on May 27, 2026 and took effect at 12:01 a.m. on August 12, 2026.

A correction worth flagging directly: most coverage of this law, including an earlier version of our own state-law guide, cites August 14, 2026 as the effective date, sourced to Colorado Sun. Checking the enrolled Act and the legislature's own final fiscal note directly, the actual effective date is August 12, 2026 — a Wednesday, which matches Colorado Sun's own body text saying the law "took effect Wednesday." August 14 appears to be the date Colorado Sun's article was published, not the date the law took effect. We've corrected this across our site.

The core mechanism change: the old statute required prosecutors to prove someone left out food or garbage "with the intent of luring a wild bear" — a subjective intent standard that's extremely hard to prove in practice. The new law replaces that with 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" to it — an objective, probability-based standard that doesn't require proving what was in someone's head.

The old law also required a mandatory warning on a first offense — only a second-or-subsequent violation was chargeable as a misdemeanor. HB26-1342 removes that requirement entirely: a first offense is now chargeable on its own.

OffenseOld fine (pre-2026)Current fine
1st offense$200 (with mandatory warning first)$200 (chargeable immediately, no warning required)
2nd offense$1,000$1,000 (unchanged)
3rd+ offense$2,000$5,000

The $200 and $1,000 figures for 1st/2nd offenses are unchanged by this bill and rarely reported alongside the headline $5,000 number — we found them in the legislature's own fiscal note, not in the news coverage.

Full Legislative Timeline

Every date and amendment below comes directly from the Colorado General Assembly's own bill-tracking records, not secondhand summaries.

Mar 27, 2026
Introduced in the House; assigned to Agriculture, Water & Natural Resources Committee.
Apr 13, 2026
Committee amendment L.001 adopted — first raised the standard from "intent" to "criminal negligence."
Apr 21, 2026
House floor amendment L.004 (sponsored by Rep. Lukens, one of the bill's own authors) adopted — raised the standard again, from "criminal negligence" to "knowingly." A separate amendment (L.005) that would have preserved officer discretion to warn instead of cite failed.
Apr 22, 2026
House Third Reading passed 40–25.
Apr 23, 2026
Introduced in the Senate; assigned to Agriculture & Natural Resources Committee.
May 7, 2026
Senate floor amendment L.008 (Sen. Simpson), which would have exempted responsibly-placed bird feeders, failed.
May 8, 2026
Senate Third Reading passed 23–11 (1 excused).
May 27, 2026
Signed into law by Gov. Jared Polis. Chapter 180, Session Laws of 2026.
Aug 12, 2026
Effective date.

Sponsors: Rep. Katie Stewart (D-Durango) and Rep. Meghan Lukens (D-Steamboat Springs) in the House; Sen. Janice Marchman (D-Loveland) in the Senate, with additional House and Senate co-sponsors added by final passage.

Why This Law Exists

This isn't a symbolic law — it's a direct response to specific numbers in Colorado Parks & Wildlife's own conflict data, cited in the bill's own legislative findings:

17,000–20,000
Estimated black bears statewide
5,000+
CPW bear reports in 2024 — 14.8% above the 5-year average
50%+
Of 2024 reports linked to trash and food waste
~6,000 hrs
CPW staff time responding to conflicts in 2024
~$800,000
CPW spent on conflict response in 2024
68 / 98
Bears relocated / euthanized in 2024

The bill grew out of a CPW-convened human-bear conflict working group formed in 2024, with sponsor Rep. Katie Stewart citing her own district directly: La Plata County alone accounted for over 12% of statewide reports, with 241 property-damage conflicts tied to bears seeking food. 2026 is on pace to be a record year — CPW logged 6,129 bear reports statewide through August 13, nearly double the same period in 2025.

2025 full-year figures are genuinely reported inconsistently across outlets — most cite roughly 5,200–5,300 reports and somewhere between 52–89 bears euthanized, depending on the source and reporting cutoff. We're presenting a range rather than picking one number, since we couldn't locate CPW's own definitive year-end report to adjudicate the discrepancy.

The "Knowingly" Standard, Explained

This is the most underreported part of the whole story. The bill didn't simply drop the standard from "intentional" to "negligent" — that's what its popular short title still implies, and what most coverage repeats. What actually happened is more interesting: the standard moved twice during the legislative process.

As introduced
"Intent to lure"

The original, hardest-to-prove standard — unchanged since the old law.

House committee (L.001)
"Criminal negligence"

The loosest standard ever in play — this stage is what gave the bill its lasting nickname.

House floor (L.004) — final
"Knowingly"

Raised back up by Rep. Lukens herself before passage — a real middle ground, not the loosest version reported.

In practice, "knowingly" paired with "reasonable probability of luring" means prosecutors don't need to prove you wanted a bear to show up — only that you were aware you were leaving food or garbage accessible, in a situation where a bear realistically could find it. Leaving a certified, bear-resistant container properly latched removes that "reasonable probability" element almost entirely, which is the practical compliance path most homeowners actually have.

Support and Opposition

"Human-bear conflicts continue to be a major safety issue for both the public and our wildlife. This bill strengthens our ability to address these conflicts by updating the culpable mental state tied to this offense and increasing enforcement measures for individuals who knowingly leave out attractants and trash."

— Laura Clellan, Director, Colorado Parks & Wildlife

"Bears can cause extensive property damage, and this law mitigates human behavior that attracts bears... Once a bear has learned how and where to obtain human food, it's really difficult to unteach this behavior."

— Rep. Meghan Lukens, House co-sponsor

The real opposition angle almost nobody covered: the grassroots "Save Colorado Birds" coalition opposed the bill specifically over bird feeders — arguing bears can smell feeders from a distance regardless of mounting height, so the lowered "knowing" standard plus the removal of a mandatory first-offense warning could expose ordinary bird-watchers (a hobby they say drives roughly $2.4 billion in Colorado economic activity) to citation. They pushed for a bird-feeder exemption, formally introduced as Senate floor amendment L.008 by Sen. Simpson. It failed. No bird-feeder carve-out exists in the final law — worth knowing if you keep feeders, and see our bear-deterrent accessories guide for what we found on certified (and uncertified) feeder options.

How This Actually Gets Enforced

This is a criminal misdemeanor, not a civil fine — prosecuted through local District Attorneys' offices, primarily enforced by Colorado Parks & Wildlife (with other law enforcement able to cite as well). It is not an administrative ticket you can just pay and move on from the way a parking fine works.

The honest scale, from the legislature's own fiscal note: from January 2024 through March 2026, CPW issued only 14 warnings under the old law, and zero convictions were recorded in state courts from FY2022-23 through FY2024-25. The fiscal note itself projects roughly 10 citations per year under the new standard — generating an estimated $2,000/year in additional state revenue. This is a real but genuinely small-scale enforcement mechanism, not a mass-ticketing crackdown, whatever the headlines might imply.

Does This Replace Local Ordinances?

No — this is a statewide law that appears to operate independently of, not instead of, local ordinances like Colorado Springs' Bear Management Area rule, Estes Park's Wildlife Protection Ordinance, or Ridgway's animal-resistant container requirement (all covered in our state-by-state law guide). We found no preemption clause in HB26-1342 and no source explicitly confirming or denying whether a single incident could be cited under both the state misdemeanor and a municipal ordinance — they operate on different legal bases (state wildlife-luring statute vs. municipal trash-containment code) and are enforced by different agencies, so treat them as separate, stacking requirements rather than one superseding the other.

How to Comply

01
Use a certified container

A properly latched, IGBC or WMI/SEAFWA-certified trash can, enclosure, or dumpster is the single clearest way to eliminate the "reasonable probability of luring" element — see our full certified database.

02
Don't assume bird feeders are exempt

They're not — the proposed exemption failed. If you're in bear country, follow standard agency guidance on feeder timing and placement rather than assuming a feeder is legally safe by default.

03
Know your specific municipality's rules too

State law is a floor, not a ceiling — check our local ordinance guide for your specific town or county.

What's Still Genuinely Unclear

  • Whether a "second or third offense" resets annually, applies per property, or is tracked for life — neither the statute nor the fiscal note specifies this.
  • Whether state and municipal citations can formally stack for the same incident — structurally plausible given they're separate legal regimes, but not explicitly confirmed by any source we found.
  • No committee record or news coverage names a single triggering incident behind this bill — the record points to aggregate CPW conflict data and the 2024 working group, not one specific event.

Quick Answers

Knowingly, in the final enacted law — despite the bill's popular nickname ("Negligently Luring Bears") reflecting an earlier committee-stage version. The bill's own sponsor, Rep. Lukens, raised the standard to "knowingly" on the House floor before it passed.

Primary Sources

  • Signed Act (HB26-1342 enrolled): leg.colorado.gov/bill_files/116747/download
  • Bill tracking page: leg.colorado.gov/bills/HB26-1342
  • Final Fiscal Note (Legislative Council Staff, Jul 29, 2026): leg.colorado.gov/bill_files/117464/download
  • House vote record (40–25): leg.colorado.gov/bill_votes/29332
  • Senate vote record (23–11–1exc): leg.colorado.gov/bill_votes/29736
  • Amendment L.004 (standard raised to "knowingly"): leg.colorado.gov/bill_amendments/19442/download
  • Amendment L.008 (failed bird-feeder exemption): leg.colorado.gov/bill_amendments/20059/download
  • Colorado Sun, Aug 14, 2026: coloradosun.com/2026/08/14/feeding-bears-illegal-colorado-penalties
  • Colorado Parks & Wildlife press release (via Pagosa Daily Post, Jun 8, 2026): pagosadailypost.com
  • Save Colorado Birds coalition: savecobirding.com

Last verified September 1, 2026. This page is informational, not legal advice — confirm current requirements with Colorado Parks & Wildlife or your local code enforcement office before making a legal decision.

Stay compliant before the next bear visit

Find a certified container that meets your local requirement.

Find My Bear-Proof Match