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House committee advances Senate Bill 86 after hours of testimony on social media, fentanyl, guns and child exploitation; bill requires reporting, faster warrant
Summary
Senate Bill 86, which would require social media companies to report certain youth-related harms, respond faster to Colorado warrants, and remove accounts tied to illegal trafficking, firearm sales, or child exploitation, advanced from House Health & Human Services after emotional testimony from parents, prosecutors and survivors; the committee v
The House Health & Human Services Committee advanced Senate Bill 86 after an extended hearing that included parents of victims, district attorneys, pediatric specialists, public-health advocates and industry representatives. The bill would require annual reporting by social media platforms to the Colorado Attorney General—s Office, faster responses to Colorado-issued search warrants, and expedited removal of accounts found to be engaging in certain illegal activity (sale of illicit drugs, unlawful firearms sales, and ******** exploitation or trafficking of minors).
Sponsor—s framing and witnesses: Sponsor Rep. Besenhecker told the committee that social media platforms have become "an illegal and unregulated marketplace for the sale of deadly drugs, firearms bought by kids, and the ******** trafficking and sextortion of minors." District attorneys and the attorney general—s office supported the bill as a public-safety tool: DA Michael Allen and others said warrants and evidence obtained from platforms are frequently delayed, and that delays hamstring investigations into drug dealers and juveniles selling or buying weapons online. The Attorney General—s representative said the office seeks aggregated reporting and faster cooperation for lawful warrants.
Opposition and constitutional concerns: Civil-liberties groups (ACLU of Colorado), the governor—s Office of Information Technology, business and tech coalitions (TechNet, Chamber of Progress), and privacy advocates expressed concern about compelled removals, the role of private platforms in making enforcement decisions that bear on First Amendment rights, and the bill—s interaction with Colorado—s privacy rules. Several witnesses recommended narrower language, judicial oversight on removals, or clarification of reporting definitions and age-verification mechanics; some said the 72-hour warrant compliance and 24-hour removal requirements risk operational and constitutional problems if not carefully drafted.
What the bill would do (as presented): Require platforms to publish policies against illicit drug and illegal firearm sales and against ******** exploitation of minors, report aggregate user-complaint and enforcement metrics to the Attorney General annually, respond to Colorado court-ordered warrants within 72 hours, and remove user accounts within 24 hours after the company determines the account was used to commit specifically flagged illegal conduct. The bill includes an appeals process for removed users.
Committee action and vote: After the witness panel and brief sponsor wrap-up, the committee debated and then voted to move SB 86 to the Committee of the Whole with a favorable recommendation; roll-call vote recorded 11 yes, 2 no. Supporters emphasized the bill—s targeted scope (illegal transactions and exploitation) and public-safety rationale; opponents urged narrower drafting and additional stakeholder work on privacy, age-verification, and constitutional risk.
Ending: Sponsor and supporting DAs said the bill is defensible as narrowly drawn to address illegal activity rather than protected speech. Several committee members praised the testimony of survivors and law-enforcement witnesses and said they would continue to review draft language as the bill travels to the Committee of the Whole.
