The Promise of a Safer Digital Colorado Dashed: The Story of SB086
In the 2025 Colorado legislative session, Senate Bill 086 (SB086), titled 'Protections for Users of Social Media,' embarked on a promising journey, aiming to establish significant new requirements for social media companies operating in the state. Its core purpose, as stated in the bill, was to concern itself with "protections for users of social media, and, in connection therewith, establishing certain requirements for social media companies." The legislative declaration within the bill underscored a critical finding: "self-regulation by social media companies has not worked, and it is time for Colorado to step in and put common-sense laws in place to protect its youth."
LegiEquity's analysis projected an 80% Positive Overall Impact with High Confidence, highlighting particularly strong positive outcomes for vulnerable demographics. The bill was anticipated to have a 90% positive impact on issues related to age (especially children and youth, CY: 90%), disability (90%), gender (90%), race (90%), and religion (90%). This suggested that SB086 was poised to make a substantial difference in creating a safer online environment for many Coloradans.
A Bipartisan Beginning and a Thorny Path
Remarkably, SB086 began its life with strong bipartisan backing. Its primary sponsors included Senator Lindsey Daugherty (Democrat, Effectiveness Score 60.0) and Senator Lisa Frizell (Republican, Effectiveness Score 50.0) in the Senate, alongside Representative Andrew Boesenecker (Democrat, Effectiveness Score 55.0) and Representative Anthony Hartsook (Republican, Effectiveness Score 50.0) in the House. This cross-aisle collaboration signaled a shared concern for the issues SB086 sought to address.
The bill was introduced in the Senate on January 23, 2025, and assigned to the powerful Senate Judiciary Committee (Power Score 100.0). On February 19, the Judiciary Committee, after adopting several amendments (L.001, L.002, L.003, L.004), referred an amended SB086 to the Senate Committee of the Whole with a 6-1 vote. After navigating second reading with further floor amendments (L.005) on February 25, SB086 passed its third reading in the Senate on February 26 with a decisive 28-5 vote.
Landing in the House on the same day, it was assigned to the Health & Human Services Committee (Power Score 85.0). This committee referred the bill unamended to the House Committee of the Whole on March 12 with an 11-2 vote. The House journey saw more amendments (L.007, L.009) adopted during its second reading on March 27. Finally, on March 31, SB086 passed its third reading in the House with a strong 46-18 vote.
With both chambers in agreement after the Senate voted to concur with House amendments (35-0) and repass the bill (29-6) on April 4, SB086 was signed by the President of the Senate on April 10 and the Speaker of the House on April 11. It was sent to the Governor on April 14, seemingly on its way to becoming law.
The Governor's Veto: A Shocking Setback
Despite its strong bipartisan support and passage through both legislative houses, Governor Jared Polis vetoed SB086 on April 24, 2025. The veto came as a blow to advocates who saw the bill as a crucial step towards holding social media companies accountable and protecting users, especially minors, from online harms like exposure to illicit substances, firearms, sex trafficking, and sexually exploitative material – all defined as 'Subject Use' in the bill.
While the Governor's specific reasons for the veto are not detailed in this analysis, such bills often face concerns regarding First Amendment rights, the technical feasibility and privacy implications of age verification (even with 'commercially reasonable efforts' clauses like the one in SB086's final version), and potential overreach or unintended consequences for businesses.
The Override Drama: So Close, Yet So Far
The legislature, however, was not ready to give up. On April 25, the Colorado Senate impressively voted to override the Governor's veto with a 29-6 vote, well exceeding the 24 votes needed. Hopes were high as the bill moved to the House for its override vote on April 28.
The House vote tally was 51 Yeas to 13 Nays. While these numbers might appear to meet the two-thirds majority (44 votes in the 65-member House), the official record states "House: VETO Lo" – indicating the veto override attempt lost in the House. Thus, despite the Senate's action and a significant number of House members voting to override, SB086's journey ended, and the Governor's veto stood.
What Colorado Lost with SB086's Veto
The final, enrolled version of SB086 contained comprehensive measures. Key provisions included:
- Minor User Standards (6-1-1602): Social media platforms would have been required by January 1, 2026, to implement functions like pop-up notifications for users under 18 who had spent an hour on the platform or were active between 10 p.m. and 6 a.m., providing information on social media's impact on developing brains and health.
- Published Policies (6-1-1603): Companies would have had to post clear, conspicuous policies by July 1, 2026, detailing permissible and prohibited behaviors, processes for reporting violations, and how the company responds to such reports.
- Annual Reporting (6-1-1604 & 6-1-1605): Social media companies would have been mandated to submit annual reports to the Department of Law on their published policies and violations. Crucially, they would also have to publicly release detailed annual reports on minor usage, including data on time spent, notifications received, and exposure to actioned content, disaggregated by age and gender. This included making "commercially reasonable efforts" to identify user age categories.
- Removal for Prohibited Activity (6-1-1607): A structured process for addressing prohibited activities: 48 hours to assess false reports, 10 days for investigation (with account suspension), and 24-hour termination if a violation was confirmed. It also included an appeals process.
- Law Enforcement Cooperation (6-1-1608): Requirements for a streamlined process for Colorado law enforcement to contact social media companies and for companies to comply with search warrants within 72 hours under specific conditions.
- Enforcement: Violations would constitute an unfair or deceptive trade practice.
These measures directly addressed the concerns outlined in the bill's legislative declaration regarding criminal activity endangering youth, access to illicit substances and firearms, and sexual exploitation. The LegiEquity analysis showing a high positive impact, particularly for youth and other vulnerable groups, underscores the potential benefits that will now not be realized.
The Broader Context and Future Implications
The journey of SB086 reflects a growing global and national movement to regulate social media platforms more stringently, particularly concerning their impact on younger users. Colorado's attempt, marked by initial bipartisan consensus, highlights the complexity of balancing user protection, free speech, and corporate responsibility. The bill's declaration that "self-regulation by social media companies has not worked" echoes a sentiment driving similar legislative efforts in states like California and Utah and in countries worldwide.
The veto of SB086, and the subsequent failure to override it, means Colorado will, for now, forgo these specific state-level protections. The debate over how best to ensure a safe and healthy online environment, especially for minors, is certain to continue in Colorado and beyond. The story of SB086 serves as a stark reminder of the challenging path such legislation faces, even with considerable support.
LegiEquity analyzes proposed legislation to determine its potential impact on various demographic groups. Our goal is to provide objective insights into how laws may affect different communities.
Related Articles
You might also be interested in these articles