Lawmakers got behind a bill this session that would have required social media companies like Snapchat, Facebook and Instagram to do more about illegal activity on their platforms.
It was a significant policy change, and it seemed poised for success, passing the legislature with broad bipartisan support in both chambers.
But then the bill hit the governor’s desk.
Gov. Jared Polis had warned lawmakers that in his view the policy had “fundamental flaws” when it came to online privacy and free speech. So it came as no surprise when instead of a signing pen, he .
What happened next was a rare — and somewhat surprising — showdown between two branches of government, and a window into the complex politics that surround the power of the veto.
and examine how it all went down and what lawmakers’ unsuccessful effort to overturn the veto might mean for the future, as Colorado’s Democratic majority at the statehouse appears to be increasingly willing to challenge Polis during his waning time in office.
The push for was driven by people like Chelsea Congdon, a Pitkin County woman who lost her son, Miles Brundige, to an accidental overdose four years ago.
Brundige was a 19-year-old sophomore at CU Boulder when he took a fentanyl-laced Percocet that investigators believe he bought through an account on Snapchat. But when law enforcement reached out for more information on the account, the company was unresponsive, Congdon says.
Backers of the legislation say drug sales, as well as other crimes like sex trafficking, happen frequently on social media, even though they violate the platforms’ own terms of service. They say their bill would’ve required those companies to enforce their own policies and to cooperate with law enforcement investigations.
“They do have responsibilities here because children are dying because of the people they are letting use their sites,” state Sen. Lindsey Daugherty, D-Arvada. “Families have been completely ruined and devastated.”
Senate Bill 86 passed with broad support. It would have required social media companies to set up hotlines that law enforcement could contact about potentially illegal accounts and for them to respond to law enforcement inquiries within 72 hours. California passed a similar law last year.
More problematic for opponents were some of the bill’s other provisions. The measure also would have required social media companies to file annual reports on how many minors use their platforms, how long they spend on them and what content they encounter that violates the companies’ policies.
The governor’s office argued that reporting requirement would violate another Colorado law protecting privacy online.
“Any data that you don’t have to keep, the Colorado Privacy Act essentially says you should not be storing that data,” said Michael McReynolds, senior manager government affairs at Colorado Governor's Office of Information Technology.
The proposal also would’ve required platforms to investigate claims that accounts are engaging in illegal activity and promptly shut down those that are.
Opposition came from a variety of organizations — the tech industry, gun rights groups, progressive organizations and the American Civil Liberties Union among them. Polis echoed many of their concerns in his veto letter, saying the government shouldn’t require companies to act as police officers and impose a penalty of its choosing.
It’s not unusual for the governor to veto legislation — and Polis has wielded the power more actively than his recent predecessors — but the attempt to override him is something that almost never happens in the Colorado State Capitol.
The override vote was surprisingly successful in the Senate, winning a two-thirds majority without any defections. But when it got to the House after two days’ delay, the main sponsor there, state Rep. Andrew Boesenecker, D-Fort Collins, was less certain of its prospects. He asked his colleagues to kill the override effort, rather than take a tough vote against the governor.
“We have accepted the fact that the governor has exercised his authority to veto this bill, that the Senate has exercised their constitutional authority to override that veto, and that today the votes are not there in this chamber to do the same. That is a statement of fact,” Boesenecker said. “I also accept the reality that some legislation has a timeline of far longer than 120 days.”
Supporters of the bill are casting blame on the governor for its defeat. But that it came so close to becoming law — despite his objections — is remarkable. The last successful veto override was in 2011, and that was over a relatively minor budget bill. It’s been decades since the Colorado General Assembly has defied the governor on a major piece of legislation. And while this effort ultimately failed, it raises questions about whether lawmakers may feel more emboldened to go toe-to-toe with Polis next session.
Purplish’s producer is . This episode was edited by and sound designed and engineered by . Our theme music is by Brad Turner.
