Gov. Jared Polis on Thursday vetoed a bill that backers hoped would help compel large social media companies to remove accounts engaged in illegal activity affecting those under 13 years of age.

Lawmakers are already talking about a possible override, which would require two-thirds votes of the House and Senate.

The activities on social media they sought to rein in include illegal drug sales, illegal firearms sales, sex trafficking of minors and sexually exploitative material involving children.

Social media companies would have to annually report on user policies and enforcement of the law.

In his lengthiest veto letter to date — three pages — Polis said Senate Bill 86 had good intentions but failed to guarantee the safety of minors or adults; eroded privacy, freedom and innovation; could hurt vulnerable people; and potentially subject Coloradans “to stifling and unwarranted scrutiny” of constitutionally-protected speech.

The governor outlined a host of concerns about the bill, including that it would impose sweeping requirements that, he argued, would mean social media platforms, rather than law enforcement, would enforce state law. He said it would mandate a private company to investigate and impose governmental penalties, notably, the permanent de-platforming of a user even if a complaint against that user is malicious or unwarranted. 

That would make social media platforms both judge and jury, and it would incentivize those companies to de-platform a user.

The bill opens the door to abuse “by guaranteeing the availability of sensitive information such as user age, identities and content viewed” — reports that could be made public by the Attorney General, he said. 

Polis’ veto was not unexpected; a representative for the administration testified against the bill as did social media companies. 

NetChoice, a social media trade organization, told the Senate Judiciary Committee in February the bill would force companies to “either exit the Colorado market, or harvest and store sensitive information about all users, including children. Data derived from this information would then be disclosed to the government and general public, further empowering bad actors online.”

Those who supported the bill cited the harm social media is causing to young people. Backers included all 23 elected district attorneys, the Children’s Hospital, the Colorado Children’s Campaign, the PTA, the chiefs of police association and the attorney general.

The veto sets up the possibility for another override, given its widespread support from both chambers of the General Assembly.

In the Senate, SB 86 passed on a 29 to 6 vote, well above the 24 votes needed to override the veto. In the House, it passed on a 46 to 18 vote. That’s two more than the 44 votes needed for a two-thirds override.

In a statement, bill co-sponsor Sen. Lindsey Daugherty, D-Arvada, said it was narrowly tailored and would have protected Colorado “from criminals who exploit lax social media policies to prey on our children.”

“The governor’s opposition is well-intentioned but deeply misguided. We will do everything in our power to override this veto and protect our kids,” Daugherty said..   

Another co-sponsor, Sen. Lisa Frizell, R-Castle Rock, said Polis’ objections don’t make sense.

“Selling drugs to kids is not ‘free speech.’ Using social media to lure kids into sex trafficking is not ‘innovation.’ Now it’s up to the legislature to do the right thing and side with Colorado kids and parents instead of massive tech companies. We must come together to override this veto,” she said.  

It would be the second bill the governor has vetoed and in which lawmakers could seek an override.

On Friday, the Senate is expected to vote on a veto override of Senate Bill 77, which made sweeping changes to the state’s open records law, including creating three classes of open records requestors, hiking the costs for open records searches and giving governmental agencies more time to fulfill those requests.