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Katie Farnan
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katie@thebighorncompany.com
Denver, CO — May 6, 2026 — The Colorado House of Representatives today passed SB26-134, legislation opposed by a broad coalition of credit unions, small business owners, labor unions, travel industry representatives, and community organizations. The coalition also called on Governor Jared Polis to veto the legislation to avoid chaos and confusion for Colorado consumers, disrupt popular credit card rewards programs millions of Coloradans depend on, and harm the state’s tourism economy all to deliver a financial windfall to out-of-state corporate mega-stores like Walmart, Target, and The Home Depot.
The legislation attempts to carve out the tax portion of a transaction from the overall amount processed on a credit or debit card. A system to do this does not exist and, because of the amendments added to the bill to flip votes, could mean cards issued by a handful of banks might not work in Colorado.
The coalition is calling on Governor Polis to protect consumers, small businesses, and local financial institutions by rejecting this legislation before it can cause lasting harm to Colorado’s economy, and almost certain legal challenges.
“The Colorado General Assembly ignored repeated warnings from tourism groups, community leaders, legal experts, and small businesses about the credit card chaos this bill would unleash,” said Electronic Payments Coalition Executive Chairman Richard Hunt. “The only way to prevent confusion at checkout, years of costly legal battles, and harm to Colorado workers and businesses is for Governor Polis to veto this legislation.”
Chaos for Colorado’s Tourism Economy
According to Airlines for America, airline credit card rewards funded travel for more than 740,000 domestic visitors to Colorado, generating over $1.2 billion in economic activity and supporting nearly 9,800 jobs. Colorado’s tourism sector supports more than 188,000 jobs statewide. If interchange cuts cause rewards programs to shrink or disappear, fewer travelers will use miles and points to visit Colorado, and the small businesses, cultural institutions, and local attractions that depend on those visitors will feel it.
Citing a survey conducted by AlphaROC, Inc, in which 80.8 percent of Coloradans say earning bonus rewards, especially for travel, is an important benefit of using their credit cards, Airlines for America President and CEO Chris Sununu said: “There isn’t much that 80 percent of people can agree on these days, so it’s significant that most Coloradans agree when it comes to their credit card rewards. That’s exactly why Gov. Polis should veto the terrible legislation.”
Opposition from Community & Labor Leaders
Opposition from Small Businesses
Opposition from Local Financial Institutions
Immediate Legal Challenges
In addition to broad-based opposition, SB26-134 would face immediate legal challenges if signed into law. The same fight has been playing out in Illinois for the past two years, with no guaranteed outcome. A Seventh Circuit appeal is currently pending.
Adding to the challenges of the Illinois law upon which SB26-134 is modeled directly, the Office of the Comptroller of the Currency issued an interim final rule on April 24 (OCC Bulletin 2026-18) confirming that federal law preempts state law on credit card fees, exempting all national banks from such laws.
Ten former comptrollers spanning administrations from Reagan to Biden filed their own amicus brief with the Seventh Circuit making the same preemption argument as the OCC. In its own filing, the OCC warned that the Illinois law “is an unworkable state law that threatens to upend the nation’s intricately-designed payments system — a system in which national banks and Federal savings associations play critical roles.”
With large national banks exempted per the OCC ruling, the Colorado bill would in practice apply to less than 20 banks and a single credit union, Navy Federal Credit Union whose mission is to serve military and veterans. Legislation that was sold as relief for small businesses and consumers would, in practice, amount to a targeted mandate on a handful of financial institutions, while delivering its largest financial benefits to the world’s biggest retailers.
Additionally, the OCC ruling leaves the compliance burden of the legislation almost entirely on the shoulders of Colorado’s locally chartered community banks and credit unions, which are the very institutions that provide affordable banking services to working families across the state.
For additional information, please visit GuardYourCard.com/Colorado.
