BILL NUMBER: AB 701	CHAPTERED  09/08/00

	CHAPTER   348
	FILED WITH SECRETARY OF STATE   SEPTEMBER 8, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 7, 2000
	PASSED THE ASSEMBLY   AUGUST 28, 2000
	PASSED THE SENATE   AUGUST 24, 2000
	AMENDED IN SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   AUGUST 7, 2000
	AMENDED IN SENATE   JUNE 21, 2000
	AMENDED IN SENATE   JUNE 29, 1999
	AMENDED IN ASSEMBLY   MAY 28, 1999
	AMENDED IN ASSEMBLY   MAY 19, 1999
	AMENDED IN ASSEMBLY   MAY 3, 1999
	AMENDED IN ASSEMBLY   APRIL 26, 1999

INTRODUCED BY   Assembly Member Lempert

                        FEBRUARY 24, 1999

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 701, Lempert.  School facilities:  certified architect or
structural engineer.
   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
property of the school district.
   This bill would make the plans, including, but not limited to,
record drawings, specifications, and estimates the property of the
school district only as they relate to the project for which the
certified architect or structural engineer was retained.  The bill
would not preclude a school district from using the plans, record
drawings, specifications, or estimates related to a project for the
purposes of additions, alignments, or other development on the site.
The bill would preclude the contract from transferring or waiving
the certified architect's or structural engineer's copyrights,
including all common-law and other reserved rights in the documents,
unless expressly transferred or waived.
   The bill would provide that a school district that proposes to
reuse the plans within the school district would be required to
specify the terms and conditions for the reuse in the contract
entered into between the school district and the architect or
engineer.


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.  Nothing in this subdivision
shall 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) shall not be
construed to 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 architect or engineer
within the school district, the contract entered into between the
school district and the architect or engineer shall specify the terms
and conditions for the reuse.