Fairfax County Casino Bill Revised To Require Local Voter Approval

RICHMOND, VA — The Fairfax County casino bill was amended Tuesday as lawmakers added requirements to raise the casino licensure fee from $15 million to $150 million and that a majority of residents where a casino is proposed approve of the plan, even if the county as a whole passes a referendum.

The Virginia House of Delegates' General Laws Committee voted 12 to 7 to advance Senate Bill 756 with a substitute amendment to the House Finance and Appropriations Committee for approval.

Before beginning discussion on the bill, Del. Paul Krizek (D-Alexandria), committee chairman, introduced a substitute that added numerous requirements in order for the bill to move forward.

Under the amended legislation, Fairfax County would be required to select a proposed casino gaming operator that has voluntarily proffered the construction funding or dedication at least one public safety capital facility, such as a police station located within the entertainment district.

The substitute bill also mandates that the Virginia Lottery make certain documents, submitted by an eligible host locality, publicly available. This includes memorandums of understanding, incentive agreements, and land purchase agreements, with confidential information redacted.

The eligible host locality must include an executed agreement between the county and the casino gaming operator certifying that the operator, or any subcontractor, will enter into a labor peace agreement. This applies to each labor organization actively representing or seeking to represent employees in the casino, gaming, or hospitality industries.

Read Patch's reporting on Comstock Companies' plan to build a casino on Metro's Silver Line in Fairfax County at Silver Line Casino.

The licensure fee has been set at $150 million, a substantial increase from a previous $15 million. Half of this fee would be distributed back to the host locality by the Virginia Lottery.

The amended bill also establishes a separate referendum process. A referendum would only be successful if a majority of voters in the specific magisterial district where the casino is to be located also vote in the affirmative, even if the county-wide vote passes.

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If a referendum fails, the county would be prohibited from holding another referendum on the same question for three years, under the amended bill.

The casino tax rate would be set at 40 percent of adjusted gross revenue, with 50 percent allocated to the locality. Five percent would go to a problem gambling treatment and support fund, 5 percent to the Washington Metropolitan Area Transit Authority Capital Fund, and 1 percent to the Virginia Indigenous Peoples Trust Fund.

Other allocations include 0.02 percent to the Family Children's Trust Fund and 0.08 percent to the Open Space Lands Preservation Trust Fund, with the remainder directed to the school construction fund. If Fairfax County does not pass a referendum by July 1, 2029, the provisions of the bill will expire.

Tuesday's meeting of the General Laws Committee was the first stop for Senate Bill 756 in the Virginia House of Delegates, which the Virginia Senate passed on a 23 to 14 vote.

The bill's sponsor, Senate Majority Leader Scott Surovell (D-Mount Vernon), introduced similar legislation during the 2025 legislative session. Although that bill passed the Senate, it was left in the House Gaming Subcommittee, effectively killing it.

On Feb. 12, the Senate Committee on Finance and Appropriations recommended SB756 with a substitute to the full Senate for consideration. The substitute removed the requirement that a casino would be built in Tysons, which made all of Fairfax County as a possible location for any casino proposal.