Gov. Jared Polis nixed a fee on online transactions in video games, a requirement for humans to be present in self-driving commercial vehicles, and the stricter of two social media search warrant bills on Thursday in his first round of vetoes this year.
He also vetoed a fourth measure that would have cut the final year of a grant for nonprofit organizations that provide enrichment activities outside of school hours. That proposed $1.75 million cut was part of a swath of budget-slashing made by state lawmakers to fill a billion-dollar budget deficit.
Polis wrote in his of that preliminary budget forecasts show the state can keep the grant program going for its final year.
Of the other vetoed measures from the recently concluded legislative session, would have imposed 5% fee when video gamers buy in-game add-ons, such as character cosmetics or new levels. The proceeds would have funded certain mental health and education programs. In , Polis emphasized his support for those programs, but he worried the fee structure would have been “vulnerable to legal jeopardy” because of requirements in the Taxpayer’s Bill of Rights.
A , Polis also wrote that the fee would have limited gamers’ ability to fully enjoy their hobby.
“The fee imposed on these add-on transactions means that consumers would not only be charged extra for things like character costumes and upgrades, but also for storyline content for online games,” Polis wrote. “This type of content represents digital storytelling and artistic expression, and I do not support such a fee.”
Another vetoed measure, , would have created a 24-hour reporting requirement for social media companies when presented with a search warrant by law enforcement. The measure would have also required the platforms to report users to law enforcement if the companies suspected they were posting specific threats.
The bill’s sponsors introduced it in response to the Evergreen High School shooting in September. The FBI had investigated threats made by the shooter prior to the incident, but social media companies didn’t respond to all the warrants before it happened, according to the Jefferson County sheriff.
Earlier this year, Polis signed another social media regulation bill that has a 72-hour compliance requirement, but it did not include the self-policing aspects. In his , Polis wrote that he was “troubled by the bill’s ambiguity” and that he felt the proposal would run afoul of First Amendment protections.
“Because the law does not, and could not, capture the gamut of unprotected speech as a matter of law, the likely outcome is that protected speech will be subject to criminal investigation once reported by a company, and that companies would even take down protected speech as a precautionary matter to avoid potential litigation,” Polis wrote. “This would have a chilling effect on online discussions.”
This veto aligns with Polis’ veto of a similar bill last year that featured a 48-hour warrant compliance requirement and stricter self-policing by the platforms.
Lastly, on Thursday Polis vetoed , which would have required that human drivers ride in autonomous commercial vehicles. He vetoed a similar measure last year. He wrote in his veto letter this year that his office had suggested changes to limit the requirements to things like oversized vehicles, school buses and vehicles carrying hazardous materials, but they were rejected.
Allowing the bill to become law “risks preventing Coloradans from being on the cutting edge of innovation that would improve safety in the future,” Polis wrote in .
Polis has until June 12 to act on bills from this past legislative session. He is widely expected to surpass his personal record of 11 vetoes last year after lawmakers in the Democratic majority tested the term-limited governor in his final regular session as the state’s chief executive.
