12-3602.   Water conditioning contractors; registration with city clerk;certificate; qualifications of applicant; revocation of certificate;liability insurance and surety bonds; waiver; unlawful acts.(a) Every water conditioning contractor shall be required to registerwith the clerk of each city in which he or she engages in business, and itshall be unlawful to engage in such business without said registration. Theclerk shall issue a certificate of registration upon the contractor'ssatisfactory showing that he or she meets the requirements as set forth insubsections (b) and (c) below: Provided, That should the contractorshow proof of registration in another city in this state, the clerk mayissue a certificate forthwith. Registration information shall include butnot be limited to the following: (1) The name(s) and address(es) of thecontractor, his or her organization(s) and place(s) of business; (2) othercity or cities of registration of the contractor under this act; and (3) thecity clerk holding the contractor's surety bond as required in subsection(c) below.

      (b)   The clerk shall issue a certificate if the contractor has not (1)been convicted of a felony or any crime involving moral turpitude or fraud,deception or misrepresentation, (2) been refused a certificate in anotherjurisdiction, (3) knowingly given any false statement in his or herregistration; and if said contractor has complied with insurance and bondrequirements as set forth in subsection (c) below. Said certificate may berevoked by the clerk should the contractor fail to maintain compliance withthe above requirements.

      (c)   It shall be unlawful for a water conditioning contractor to engagein business in the state of Kansas without insurance and bond as set forthhereinafter. Every contractor shall be required to maintain generalliability and product liability insurance in the minimum of fifty thousanddollars ($50,000). Each contractor shall also furnish to the clerk of thefirst city in which the contractor registers an acceptable surety bond.Said bond shall be held by said clerk and be executed by the contractor asprincipal, and by a solvent corporation authorized to do business in thestate of Kansas, in the amount of two thousand five hundred dollars($2,500). The aggregate liability of the surety for all breaches of theconditions of the bond shall, in no event, exceed the amount of such bond.The surety on the bond shall have the right to cancel such bond upon givingthirty (30) days' notice to the city clerk of the first city in which theinsured registered and thereafter shall be relieved of liability for anybreach of condition occurring after the effective date of saidcancellation. In lieu of said corporate surety bond, such contractor mayfile a bond signed by three (3) or more good and sufficient suretiesconditioned as hereinafter provided. Said bond shall be to the state ofKansas for use and benefit of such persons as may suffer by breach thereof;and shall be conditioned that the contractor will honestly and properlyconduct his or her business, that the contractor will not fail or refuse torender to a customer services as agreed between the parties and for whichcompensation has been paid or tendered in accordance with the agreement ofthe parties, and that the contractor will not violate the laws of the stateof Kansas or any political subdivision thereof. The bond and insurancerequirements of this act may be waived by the city clerk for any corporatewater conditioning contractor who submits proof of ability to respond indamages in an amount not less than fifty thousand dollars ($50,000) arisingout of general liability and products liability claims.

      History:   L. 1972, ch. 45, § 2; July 1.