BILL NUMBER: SB 972	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 20, 2010
	AMENDED IN ASSEMBLY  AUGUST 2, 2010
	AMENDED IN ASSEMBLY  JUNE 23, 2010
	AMENDED IN SENATE  MAY 12, 2010
	AMENDED IN SENATE  APRIL 5, 2010

INTRODUCED BY   Senator Wolk

                        FEBRUARY 8, 2010

   An act to amend Section 2782.8 of the Civil Code, relating to
indemnity.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 972, as amended, Wolk. Indemnity: design professionals.
   Existing law provides, for all contracts, and amendments to
contracts, entered into on or after January 1, 2007, with a public
agency for design professional services, all provisions, clauses,
covenants, and agreements contained in, collateral to, or affecting
these contracts, that purport to indemnify, including the cost to
defend, the public agency by a design professional against liability
for claims against the public agency, are unenforceable, except for
claims that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the design professional.
   This bill would  further  provide  , 
with respect to  all  contracts and amendments to
contracts entered into  by   on or after January
1, 2011, with  a public agency for design professional
services, that all provisions, clauses, covenants, and agreements
contained in, collateral to, or affecting these contracts or
amendments to contracts that purport to require the  duty
defend to   design professional to defend the public
agency  under an indemnity agreement  , including the duty
and the cost to defend,  are unenforceable.  The bill would
provide that all contracts and all solicitation documents between a
public agency and a design professional are deemed to incorporate
these provisions by reference. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 2782.8 of the Civil Code is amended to read:
   2782.8.  (a) For all contracts, and amendments thereto, entered
into on or after January 1, 2007, with a public agency for design
professional services, all provisions, clauses, covenants, and
agreements contained in, collateral to, or affecting any such
contract, and amendments thereto, that purport to indemnify,
including the duty and the cost to defend, the public agency by a
design professional against liability for claims against the public
agency, are unenforceable, except for claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful
misconduct of the design professional.  The duty to defend and
the duty to indemnify are both limited   as provided in this
section.  This section shall not be waived or modified by
contractual agreement, act, or omission of the parties. Contractual
provisions, clauses, covenants, or agreements not expressly
prohibited herein are reserved to the agreement of the parties. 
   (b) All contracts and all solicitation documents, including
requests for proposal, invitations for bid, and other solicitation
documents, between a public agency and a design professional, are
deemed to incorporate by reference the provisions of this section.
 
   (b) 
    (c)  For purposes of this section, the following
definitions apply:
   (1) "Public agency" includes any county, city, city and county,
district, school district, public authority, municipal corporation,
or other political subdivision, joint powers authority, or public
corporation in the state. Public agency does not include the State of
California.
   (2) "Design professional" includes all of the following:
   (A) An individual licensed as an architect pursuant to Chapter 3
(commencing with Section 5500) of Division 3 of the Business and
Professions Code, and a business entity offering architectural
services in accordance with that chapter.
   (B) An individual licensed as a landscape architect pursuant to
Chapter 3.5 (commencing with Section 5615) of Division 3 of the
Business and Professions Code, and a business entity offering
landscape architectural services in accordance with that chapter.
   (C) An individual registered as a professional engineer pursuant
to Chapter 7 (commencing with Section 6700) of Division 3 of the
Business and Professions Code, and a business entity offering
professional engineering services in accordance with that chapter.
   (D) An individual licensed as a professional land surveyor
pursuant to Chapter 15 (commencing with Section 8700) of Division 3
of the Business and Professions Code, and a business entity offering
professional land surveying services in accordance with that chapter.

   (c) 
    (d)  This section shall only apply to a professional
service contract, or any amendment thereto, entered into on or after
January 1, 2007. 
   (e) The amendments made to this section by the act adding this
subdivision shall apply to services offered pursuant to a design
professional contract, or any amendment thereto, entered into on or
after January 1, 2011.  
   (f) Nothing in this section shall abrogate the provisions of
Section 1104 of the Public Contract Code.