Colorado senate's override of a veto by Gov. Jared Polis leads to schism at the State Capitol

For the first time in 14 years, Colorado's state legislature could override a governor's veto.  

Gov. Jared Polis vetoed Senate Bill 85 -- which imposes a host of new regulations on social media companies -- saying the bill is unworkable, erodes privacy and could violate civil rights.

The Senate voted 29-6 to override his veto and repass the bill.

State Sen. Lindsey Daugherty, one of the bill's sponsors, accused the governor of caving to big tech.

"If we fail to act, if we let this veto stand, we are choosing to protect the business interests of billion-dollar tech companies over the safety of Colorado kids," Daugherty said.

The bill requires social media companies to investigate reports of users selling guns or drugs or sexually exploiting kids and remove those users accounts.

They also must comply with law enforcement warrants within 72 hours and publish annual reports that include data on how kids are using their platform, how many complaints they received and the violations they confirmed.

The governor's office received letters from several groups opposing the measure.

His spokesperson says while he supports strengthening law enforcement's ability to crack down on illegal online activity, the bill "fails to guarantee the safety of minors or adults, erodes privacy, freedom, and innovation, hurts vulnerable people, and potentially subjects all Coloradans to stifling and unwarranted scrutiny of our constitutionally protected speech."

State Sen. Lisa Frizell, co-sponsor of the bill, suggested opponents were using scare tactics.

"We've seen so much misinformation about the bill. It's truly disheartening," Frizell said.

It takes two-thirds of both chambers to override a governor's veto. The House delayed a vote until Monday amid heavy pressure from both sides of the issue.

Daugherty worried some lawmakers would change their original vote in favor of the bill.

"The governor's office, we know, is actively lobbying against members vetoing his override. The governor does control what happens the rest of the session and I think people are very cognizant of that," Daugherty said.

Bill sponsors asked Attorney General Phil Weiser, who is legal counsel for the governor, to weigh in on the bill's constitutionality. He issued a memo saying the state would be likely to win if it were sued, saying the bill applies to illegal activity not protected by the First Amendment, serves the government's interest in protecting public safety and children and allows users the option to appeal their account's removal or use another platform.