Politics & Government
Supervisors Reject Revised Bill To Allow Temporary Casino Without Local Control: Updated
A revised bill passed by the VA Senate introduced major changes, allowing a temporary casino to operate for 5 years without local control.
RICHMOND, VA — A revised version of the Fairfax County casino bill passed the Virginia Senate Friday, introducing significant new oversight mechanisms, specific regional financial structures, and temporary licensing processes.
One of the key changes is the authority for a temporary casino to operate for up to five years if it is approved by the state's Major Employment and Investment Project Approval Commission.
The substitute also reinstates language that was stripped out earlier in the legislative session and reaffirms that the proposed casino would be built in Tysons and not at a comparable site elsewhere in Fairfax County.
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On Friday night, Chair Jeff McKay (D) and the other eight Democrats on the Fairfax County Board of Supervisors sent a signed letter by email to the Virginia House of Delegates, asking the Northern Virginia delegation to reject the revisied bill.
In December, the board of supervisors voted to add language to its 2026 Legislative Program expressing opposition to potential legislation in the Virginia General Assembly that would pave the way for a casino to be built in Tysons.
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“A bad casino bill just got much worse this evening," said Supervisor Walter Alcorn (D-Hunter Mill) "Any legislature that forces a casino on a community that does not want it is playing with fire. Our state motto is 'Thus Always to Tyrants' and our legislators should remember that. Hopefully members of the House of Delegates will tomorrow.”
Senate Bill 756 emerged from a joint committee made up of representatives from both houses of the Virginia General Assembly, with a Senate substitute. The revised bill was approved on a 22 to 16 roll call vote.
If the House of Delegates passes the new version of the legislation, the bill will go to Gov. Abigail Spanberger (D) for her signature.
"The No Fairfax Casino Coalition is very disappointed that the Senate passed the substitute SB756," said Lynne Mulston, the coalition's chair. "Our efforts are now focusing on the House as the bill comes for a vote on Saturday. We are encouraging our supporters to write every Delegate in the House to VOTE NO on SB756."
Senate Bill 756, as originally introduced on Jan. 20, focused on expanding casino eligibility to Fairfax County. The Senate Substitute released on March 13, introduced significant new oversight mechanisms, specific regional financial structures, and temporary licensing processes.
Read Patch's reporting on Comstock Companies' plan to build a casino in Tysons at Silver Line Casino.
"It is deeply disappointing that this bill disregards the residents and the Board of Supervisors by stripping their right to decide what happens in Fairfax County," said Paula Martino, president of the Tysons Stakeholders Alliance.
Expanded Legislative Oversight:
Adds Section 30-310.2 to the Code of Virginia, introducing the MEI Project Approval Commission into the approval process for casino gaming. The Commission is granted the authority to approve the selection and operation of temporary casino gaming establishments specifically for the eligible host locality defined in subdivision A 6 (Fairfax County).
Requires that the selection of a preferred casino operator for Fairfax County be approved by the General Assembly, notwithstanding existing selection processes.
- Temporary Casino Licensure Process:
- Allows a temporary establishment to operate for up to five years from its opening date, provided it is approved by the MEI Project Approval Commission.
- Limits the gaming floor of temporary establishments to 150,000 square feet.
- Directs all funds from temporary operations that would normally go to the locality to be distributed instead to the school board of the host locality.
- Establishment of the Regional Improvement Commission:
- Adds Section 58.1-4107.1, creating the Regional Improvement Commission specifically for the transportation district including the locality described in subdivision A 3.
- This Commission will receive tax disbursements that would otherwise be returned to the locality and must divide payments equally among member jurisdictions to fund education, transportation, and public safety.
- Modified Tax Revenue Apportionment:
- Introduces a specific revenue split for the host locality described in subdivision A 6 (Fairfax County).
- 50 percent of the revenues accrued to the Gaming Proceeds Fund from this locality must be distributed back to it specifically for K-12 public education funding.
- Any remaining revenues from this locality are deposited into the School Construction Fund.
- Refined Site and Operator Requirements:
- Specifies that any proposed casino establishment site must be privately owned property.
- Expands the definition of "Casino gaming establishment" to explicitly include properties such as conference centers, hotels, entertainment districts, or large-scale concert venues.
- Clarifies that the director of the Virginia Lottery may use or rely on sports betting permit information when verifying casino operator applications.
"It’s silly season in the State Senate again," said Supervisor Jimmy Bierman (D-Dranesville), who has been the loudest critic of the casino legislation on the Fairfax County Board of Supervisors.
"Hard to think of a bigger own-goal than bypassing well-established local land use authority to empower Richmond lawmakers to create a 'temporary' casino for the benefit of a single political donor, thereby throwing all economic development in the Tysons area into chaos," Bierman said. "It’s short-sighted, it’s corrupt, and I hope the House rejects this nonsense – I bet the Governor will (pun intended)."
In addition to the broad oversight and financial changes, the March 13 version of the Senate casino bill significantly altered the physical and geographical requirements for a proposed Fairfax County casino.
Site Requirement Comparison: Subdivision A 6 (Fairfax County)
| Requirement | Introduced Bill (Jan. 20, 2026) | Substitute Bill (March 13, 2026) |
| Proximity to Transit | Must be within 1/4 mile of an existing Metro Silver Line station. | Requirement maintained. |
| Project Scale | Part of a coordinated mixed-use project of at least 1.5 million square feet. | Requirement maintained. |
| Proximity to Mall | Must be within two miles of a regional enclosed mall of at least 1.5 million square feet. | Requirement maintained. |
| Geographic Limit | Must be outside of the Interstate 495 Beltway. | Requirement maintained. |
| Temporary Size | No specific limit mentioned for temporary facilities. | Temporary gaming floor limited to 150,000 square feet. |
| Public Safety | No specific facility requirement mentioned. | Substitute adds requirement for operator to construct, fund, or dedicate land for a public safety facility. |
Summary of Key Site Changes
- Strict Footprint for Temporary Use: While the permanent mixed-use development must be massive (1.5M+ sq. ft.), the substitute bill imposes a strict 150,000 square foot cap on the actual gaming floor during the temporary operational phase.
- Public Safety Proffer: A major addition in the substitute involves local infrastructure; the operator must now "voluntarily" provide for a public safety capital facility (like a fire or police station) to mitigate the project's impact on the county.
- Tysons-Only Language: The substitute reinstates restrictive language that essentially narrows the site to Tysons. The language was removed during the amendment process to allow for broader consideration in Fairfax County.
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