The Fairfax County casino bill is heading to the governor's desk after a final-hour compromise that limits the project to Tysons and strips a controversial "temporary casino" provision. SB 756 mandates that any proposed site be part of a coordinated mixed-use project of at least 1.5 million square feet located within one-quarter mile of a Silver Line station and outside the Beltway.
The bill also removed "temporary casino" language that the Fairfax County Board of Supervisors had characterized as a "power grab." Under the final version, a casino cannot move forward without a county referendum.
The path to passage took unexpected twists as the Virginia General Assembly neared its final hours Saturday. Shortly before adjourning March 14, the House of Delegates agreed to a last-minute "second conference report" substitute, 26110084D, in a 55-41 vote. That followed the rejection of an earlier conference report,( 26109721D), that morning.
The Senate followed with a 25-13 vote, passing SB 756. The approved compromise emerged after a deadlock between the two chambers over an earlier version, Conference Report Substitute 26109721D. Chief patron Sen. Scott A. Surovell, D-Fairfax, introduced the legislation.
Path to Compromise: March 4–14
On the morning of March 14, Fairfax County Supervisor Walter Alcorn issued a statement opposing that legislation, which he said bypassed local authority. In his statement, Alcorn urged the House of Delegates to reject SB 756. “A bad casino bill just got much worse,” Alcorn said. “
The last-minute "second conference report" substitute, 26110084D, restored local zoning authority.
“The by-right provision has been removed,” confirmed a spokesperson for the office of Chairman Jeff McKay in an email Monday, March 16. The spokesperson added, “But the original language limiting where it can be located remains.”
Additionally, the spokesperson said that the revenue “split has reverted to the original allocation, rather than a 50/50 split,” Meaning the once-offered "bonus" money for Fairfax schools is gone, replaced with the 70-state share/30-Fairfax share.
Fairfax Delegation Vote Breakdown: House
The Fairfax House delegation voted overwhelmingly to reject the final conference report.
The following Northern Virginia delegates voted against the measure: David Bulova, D-11; Dan Helmer, D-10; Charniele Herring, D-4; Holly Seibold, D-12; Irene Shin, D-8; Marcus Simon, D-13; Rip Sullivan, D-6; Kathy Tran, D-18; Vivian Watts, D-15; Paul Krizek, D-16.
Del. Laura Jane Cohen, D-7, was the only Fairfax-based delegate to vote in favor. Del. Karrie Delaney, D-1, was recorded as not voting.
Fairfax Delegation Vote Breakdown: Senate
In the Senate, Fairfax members were divided on the final 25–13 vote. Supporting the measure were Senators Scott Surovell, D-34; Dave Marsden, D-35; Stella Pekarsky, D-36; and Jennifer Carroll Foy, D-33. Fairfax-area senators voting "nay" included Jennifer Boysko, D-38; Saddam Azlan Salim, D-37; Elizabeth Bennett-Parker, D-39; and Barbara Favola, D-40.
Jeff McKay, Walter Alcorn React
Upon learning that SB 756 passed, Board of Supervisors Chairman Jeff McKay called the initial language a "power grab" led by Senate Majority Leader Surovell.
“To be clear, this language was written by pro-casino advocates in the General Assembly — led by Fairfax’s own Senator Surovell. This was done out of the public’s view and would have imposed a casino on Fairfax County and its residents,” McKay said. While he acknowledged the final bill "retains some local authority," McKay said proponents were trying to "jam a casino in Tysons."
On March 16, Supervisor Walter Alcorn called on Gov. Abigail Spanberger to veto the bill in an online statement. “Explicit Fairfax County opposition to casino legislation continues to be Fairfax County policy, and I call on Governor Spanberger to veto SB 756. We did not ask for it, and we don’t want it,” Alcorn wrote.
Vienna Mayor Linda Colbert and the Vienna Town Council have lobbied legislators to defeat a bill to authorize a casino in Tysons. Now they’re also pressing Governor Abigail Spanberger to veto the measure. “The Vienna Town Council has always strongly opposed any legislation that would pave the way for a casino in Tysons or anywhere in Fairfax County,” said Mayor Linda Colbert.
Infrastructure and Regional Impact
To address concerns about Tysons’ infrastructure, the legislation addresses "spillover" effects through two distinct mechanisms. A Regional Improvement Commission will share revenue with neighboring jurisdictions to mitigate impacts on regional transportation and safety. Additionally, public safety proffers require the operator to fund increased demand for police and fire services.
The Floor Debate
The Senate floor debate on Saturday highlighted a rift among Fairfax Democrats. While considering the first conference report earlier in the day, Sen. Jennifer Boysko, D-38, framed the bill as a dangerous precedent: “My county supervisors have their hair on fire because this casino was on the agenda ... and they are here to say, ‘No, the county doesn't want it.’”
The morning vote narrowly cleared the Senate 21–19, but the bill hit a wall in the House of Delegates, where it was rejected 40–58.
This forced a second conference committee to draft the final substitute (26110084D). Before the final Senate vote that afternoon, Boysko remained steadfast: “I'm going to just make it clear that Fairfax County continues to oppose this, and so do I.”
The second substitute’s inclusion of a referendum helped shift momentum. Sen. Stella Pekarsky, D-36, asked for confirmation on the requirement. Surovell replied, “It does.”
“So what we are basically now voting on ... is to allow the voters of Fairfax County to vote on whether or not they want this casino,” Pekarsky said.
The Governor’s Desk
Gov. Abigail Spanberger has three options: sign the bill, veto it, or send it back with amendments for the April reconvened session.