Vetoed! The Shocking Halt to CO SB086's Bipartisan Push for Social Media Safety

The Promise of Protection: What CO SB086 Aimed to Achieve

In an increasingly digital world, the safety of social media users, particularly minors, has become a paramount concern. Colorado's Senate Bill 25-086 emerged in the 2025 legislative session as a bold attempt to address these concerns head-on. Its stated purpose was clear: establish crucial protections for social media users by imposing specific requirements on the powerful companies operating these platforms.

The bill sought to move beyond industry self-regulation, which the legislative declaration explicitly stated "has not worked." Instead, SB086 proposed concrete actions:

Enhanced Transparency: Requiring social media companies to publish clear policies on permitted user behavior, especially concerning illegal activities like selling illicit substances, illegal firearm sales, sex trafficking of minors, and sharing sexually exploitative material (referred to as "subject uses").
Mandatory Reporting: Compelling companies to submit detailed annual reports to the Department of Law. These reports would cover policy violations, actions taken, user demographics (disaggregated by age), law enforcement referrals, and data on minor usage patterns (time spent, notifications received, safety tool usage).
Minor Safety Standards: Building upon previous legislation (HB24-1136), the bill mandated features designed to inform minor users about the impacts of social media on developing brains and mental health, potentially including usage time limits or notifications.
Accountability for Harmful Content: Establishing strict timelines (72 hours for investigation, 24 hours for termination post-determination) for removing users engaging in prohibited activities related to subject uses, along with implementing an appeals process.
Law Enforcement Cooperation: Requiring platforms (especially larger ones with over 1 million users) to create streamlined processes for law enforcement agencies to submit search warrants and receive timely responses (within 72 hours, barring extensions).
Consumer Protection: Defining violations of these requirements as deceptive trade practices under the "Colorado Consumer Protection Act", empowering the Attorney General to enforce the law.

LegiEquity's analysis underscored the potential positive impact of SB086, assigning it an Overall Impact score of 80% Positive with High Confidence. The bill scored exceptionally well across various demographics, indicating broad benefits: 90% positive for age (especially children/youth), 80% for disability, 80% for gender, and 90% for race. These scores suggested the bill's provisions were well-targeted to mitigate harms often disproportionately affecting vulnerable online populations.

A Bipartisan Journey Through the Legislature

SB086's journey began on January 23, 2025, introduced in the Senate and assigned to the powerful Senate Judiciary Committee (Power Score: 100.0). Notably, the bill boasted strong bipartisan primary sponsorship, led by Senators Lindsey Daugherty (Dem, Effectiveness 50.0) and Lisa Frizell (Rep, Effectiveness 45.0), alongside Representatives Andrew Boesenecker (Dem, Effectiveness 50.0) and Anthony Hartsook (Rep, Effectiveness 50.0). This cross-aisle collaboration signaled an early consensus on the need for action.

The bill navigated the legislative process with considerable momentum:

Senate Judiciary (Feb 19): Passed favorably (6-1 vote) after adopting several amendments (L.001-L.004), indicating committee refinement.
Senate Floor (Feb 25-26): Passed Second Reading with further amendments and sailed through Third Reading with a strong 28-5 vote.
House Assignment (Feb 26): Sent to the House and assigned to the Health & Human Services Committee (Power Score: 85.0).
House Committee (Mar 12): Referred unamended to the House Committee of the Whole with an 11-2 vote, showing continued strong support.
House Floor (Mar 27-31): Passed Second Reading with floor amendments (L.007, L.009) and achieved final passage on Third Reading with a decisive 46-18 vote.
Senate Concurrence (Apr 4): The Senate voted unanimously (35-0) to concur with House amendments and repassed the bill 29-6.

Throughout its journey, SB086 garnered numerous co-sponsors from both parties, further emphasizing its widespread support. It cleared final legislative hurdles, receiving signatures from the President of the Senate (Apr 10) and the Speaker of the House (Apr 11), before being sent to the Governor on April 14th.

The Unexpected Veto and Its Aftermath

Despite its strong bipartisan backing, impressive vote margins, and analysis suggesting significant positive impacts, Governor Jared Polis vetoed SB086 on April 24, 2025. This decision came as a surprise to many observers, given the bill's apparent popularity within the legislature.

The specific reasons for the veto are not detailed in the provided metadata, but potential factors could include concerns over First Amendment implications, the practical burdens placed on social media companies (potentially leading to legal challenges), the scope of the definitions (e.g., 'illicit substance', 'social media platform'), or specific implementation details introduced via amendments.

In a dramatic response, the Senate voted to override the Governor's veto on April 25th, achieving the necessary two-thirds majority with a 29-6 vote – mirroring the vote count for the final passage after House amendments. However, overriding a veto in Colorado requires a two-thirds majority in both chambers. The history does not show a corresponding override vote in the House, suggesting the override attempt ultimately failed, and the veto stood.

Implications and the Path Forward

The veto of SB086 marks a significant setback for legislative efforts in Colorado to regulate social media platforms and enhance user safety, particularly for minors. The bill represented a comprehensive, bipartisan approach, incorporating transparency, accountability, and specific safety measures. Its failure, despite strong legislative support and positive impact analysis, highlights the complex challenges inherent in regulating the rapidly evolving digital landscape.

While concerns about free speech and regulatory burden are often central to debates around social media legislation, the data on harms, especially to youth mental health and safety from online predators and illicit activities, continues to mount. The journey of SB086—from its bipartisan inception, through strong committee and floor votes, to its surprising veto and the Senate's override attempt—tells a compelling story about the political and practical difficulties of translating widespread concern into effective law. The issues SB086 sought to address remain, leaving the question open for future legislative sessions in Colorado and serving as a case study for other states grappling with similar challenges.

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.