BILL NUMBER: AB 882	CHAPTERED  06/30/05

	CHAPTER  28
	FILED WITH SECRETARY OF STATE  JUNE 30, 2005
	APPROVED BY GOVERNOR  JUNE 30, 2005
	PASSED THE SENATE  JUNE 15, 2005
	PASSED THE ASSEMBLY  APRIL 28, 2005
	AMENDED IN ASSEMBLY  MARCH 31, 2005

INTRODUCED BY   Assembly Member Nation

                        FEBRUARY 18, 2005

   An act to amend Section 17316 of the Education Code, relating to
school facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 882, Nation.  School facilities: contracts with certified
architects or structural engineers.
   Under existing law, contracts entered into by and between a school
governing board and any certified architect or structural engineer
are required to provide that plans, specifications, and estimates are
the property of the school district. Existing law provides that a
school district that proposes to reuse the plans within the school
district is required to specify the terms and conditions for the
reuse in the contract entered into between the school district and
the architect or engineer.
   This bill would provide that a school district that reuses the
plans prepared by the certified architect or structural engineer and
retains another certified architect or structural engineer for the
preparation of those plans for the reuse would be required to
indemnify and hold harmless the original certified architect or
structural engineer, and their consultants, agents, and employees,
from and against any claims, damages, losses, and expenses arising
out of or resulting from, in whole or in part, the reuse.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 17316 of the Education Code is amended to read:

   17316.
   (a) Any contract entered into by and between the governing board
of any school district and any certified architect or structural
engineer pursuant to Section 17302 shall provide that all plans,
including, but not limited to, record drawings, specifications, and
estimates prepared pursuant thereto, shall be and remain the property
of the school district for the purposes of repair, maintenance,
renovation, modernization, or other purposes, only as they relate to
the project for which the certified architect or structural engineer
was retained. This subdivision does not preclude the school district
from using the plans, record drawings, specifications, or estimates
related to the project for the purposes of additions, alignments, or
other development on the site.
   (b) The contract set forth in subdivision (a) does not transfer or
waive the certified architect's or structural engineer's copyrights
over these documents, including, but not limited to, all common law,
statutory, and other reserved rights, unless the certified architect
or structural engineer expressly transfers or waives these rights
through the written contract, including, but not limited to, a
written addendum or amendment.
   (c) Notwithstanding subdivision (a), if the school district
proposes to reuse the plans prepared by the certified architect or
structural engineer within the school district, the contract entered
into between the school district and the certified architect or
structural engineer shall specify the terms and conditions for the
reuse. If a school district reuses the plans prepared by the
certified architect or structural engineer and retains another
certified architect or structural engineer for the preparation of
those plans for the reuse, the school district shall indemnify and
hold harmless the original certified architect or structural
engineer, and their consultants, agents, and employees, from and
against any claims, damages, losses, and expenses, including attorney'
s fees, arising out of or resulting from, in whole or in part, the
reuse.