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SB223
EJL8Q92-1
By Senator Carnley
RFD: State Governmental Affairs
First Read: 29-Jan-26
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EJL8Q92-1 01/27/2026 GED (L)ma 2026-268
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First Read: 29-Jan-26
SYNOPSIS:
Automatic Dependent Surveillance-Broadcast is a
technology used in aircraft to provide real-time
aircraft tracking for air traffic control purposes. The
data may be used by government agencies, but may also
be used by persons to impose fees and other charges on
the owners or operators of aircraft.
This bill would prohibit the use of Automatic
Dependent Surveillance-Broadcast data for the purpose
of identifying aircraft in order to impose fees or
other charges on the owners and operators of the
aircraft.
A BILL
TO BE ENTITLED
AN ACT
Relating to aviation; to limit the use of Automatic
Dependent Surveillance-Broadcast (ADS-B) data to identify
aircraft in order to assess fees or impose charges on owners
or operators of the aircraft; and to provide enforcement and
remedies.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall be known and may cited as the
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Section 1. This act shall be known and may cited as the
Limitation on Use of ADS-B Data Act.
Section 2. (a) The Legislature finds that Automatic
Dependent Surveillance–Broadcast (ADS-B) systems are designed
to enhance aviation safety, situational awareness, and
efficiency by allowing aircraft to broadcast positional and
status information to air traffic control and other
appropriately equipped receivers.
(b) The Legislature further finds that the use of ADS-B
data to identify specific aircraft for the purpose of
assessing fees or otherwise imposing charges on the owners or
operators of the aircraft raises privacy, fairness, and policy
concerns unrelated to the safety purposes for which the system
was developed.
(c) It is the purpose of this act to prohibit the use
of ADS-B data to identify aircraft for the assessment of fees
or the imposition of charges on owners or operators, while
preserving the ability of aviation stakeholders to use ADS-B
for safety, regulatory compliance, and operational purposes.
Section 3. For the purposes of this act, the following
terms have the following meanings.
(1) ADS-B DATA. Any information contained in or derived
from ADS-B broadcasts, including aircraft position, velocity,
heading, identification codes or call signs, and other flight
status information, which is collected, recorded, processed,
or stored by public or private parties.
(2) AUTOMATIC DEPENDENT SURVEILLANCE-BROADCAST (ADS-B).
A surveillance technology in which an aircraft determines its
position from onboard navigation sources and automatically
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position from onboard navigation sources and automatically
broadcasts that position and other ADS-B data via radio data
link. The term includes both ADS-B Out transmissions from
aircraft and ADS-B In reception of the broadcasts.
(3) FEE or CHARGE. Any monetary assessment, toll, tax,
surcharge, or other required payment imposed on an aircraft
owner or operator, including, without limitation, usage-based
fees, distance-based fees, or access charges.
(4) GOVERNMENT AGENCY. Any department, agency, board,
commission, authority, or other instrumentality of the state;
any county or municipality within the state; or any political
subdivision or public corporation thereof.
(5) PERSON. Any individual, partnership, corporation,
limited liability company, association, organization, trust,
estate, governmental entity, or other legal entity of any
kind.
Section 4. (a) No person, including a government
agency, shall use ADS-B data to identify an aircraft for the
purpose of assessing a fee or otherwise imposing a charge on
the owner or operator of the aircraft.
(b) The prohibition in subsection (a) applies when the
ADS-B data is obtained :
(1) Directly from broadcast reception;
(2) Indirectly through third parties; or
(3) From databases or services that compile or
disseminate ADS-B information.
Section 5. Nothing in this act shall be construed to
restrict:
(1) The use of ADS-B data by air traffic control; the
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(1) The use of ADS-B data by air traffic control; the
Federal Aviation Administration; or aviation service providers
for safety of flight, traffic management, search and rescue,
accident investigation, facility planning, or regulatory
compliance purposes; or
(2) The voluntary, contractual use of ADS-B data by
aircraft owners or operators with service providers for
operational services, including flight following, maintenance,
or safety analytics, provided the data is not used to identify
the aircraft for the assessment of fees or charges on the
owner or operator.
Section 6. (a) Any person aggrieved by a violation of
Section 4 may bring a civil action in a court of competent
jurisdiction for:
(1) Injunctive relief to prevent or restrain further
violation;
(2) Actual damages, or statutory damages of up to five
thousand dollars ($5,000) per violation, whichever is greater;
and
(3) Reasonable attorney fees and costs.
(b) The Attorney General may bring an action to enforce
this act and seek:
(1) Civil penalties not to exceed ten thousand dollars
($10,000) per violation;
(2) Injunctive relief; and
(3) Any other relief the court deems appropriate.
Section 7. This act shall not be construed to conflict
with or impede any federal law, regulation, or function
related to aviation safety, air traffic management, or the
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related to aviation safety, air traffic management, or the
operation and maintenance of the national airspace system.
Section 8. This act shall become effective on October
1, 2026.
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