Brief ⁽¹⁾

HB 2534 authorizes a county, which develops its own computer software, to sell, lease, license, or market software for commercial and noncommercial use to a public entity, and to obtain, hold, and protect copyrights or trademarks for such software. The bill also allows the county to adopt licensing fees, royalties, or price structure for such software the municipality considers relevant. The bill prohibits software from being developed until data, subject to the open records act, is secured from being unaccessible by future software development. The bill provides that nothing in the bill would create an implied warranty against errors or omissions in any computer software developed by a county.

HB 2534 extends to all counties the provisions of the Code for the Enforcement of County Codes and Resolutions under K.S.A. 19-4701 et seq. Counties under this code are authorized to appoint code enforcement officers and have their county codes enforced in a special procedure in the district court. Under current law this code applies only to counties over 150,000.

Background

HB 2534, as introduced, was sponsored by Johnson County. Representatives of the Johnson County Legal Department testified in support of the bill. The Johnson County Intergovernmental Relations Coordinator testified that the bill would clarify the powers of local government with respect to the sale of software. A representative of the Kansas Trial Lawyers Association testified in opposition to the bill, saying it would give municipalities immunity for the development and sale of software products.

The House Committee on Governmental Organization and Elections deleted provisions in HB 2534 and replaced them with the provisions contained in HB 2738, except the provisions in sections two and three. The Committee amended the bill to allow the county to sell or market the software only to public entities and excluded private entities. It also amended the bill to ensure that any new developments in software would not eliminate existing data that was subject to the open records act.

The House Committee of the Whole amended the bill to include a provision from SB 319 which would extend to all counties the provisions of the Code for the Enforcement of County Codes and Resolutions.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html