Brief (1)
HB 2157 gives counties in Kansas the authority to develop, own, sell, lease, license, and market computer software. Computer software is defined in the bill. Counties may also set fees and prices for software, obtain copyrights and trademarks for software, and enforce software copyrights and trademarks. The bill provides that HB 2157 does not create an express or implied warranty on the part of any county for errors, omissions, or other defects in any computer software.
The bill also adds a new immunity provision to the Kansas Tort Claims Act dealing with the development and sale of computer software.
Background
HB 2157 was requested by the Johnson County Legal Department. Johnson County is able to use its statutory home rule authority found in KSA 19-101 et seq., to sell computer software, but HB 2157 eliminates any doubt about such authority and avoids any future legal challenge to that authority. The only types of software covered under the bill are directly related to the provision of governmental services, as opposed to private activity. Counties' ability to sell and purchase software that is already customized and not readily available on the private market will save time, effort, and money.
The Kansas Association of Counties estimates that the bill could increase revenues for counties. However, it could not estimate the amount of the increase.
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/fulltext.cgi