16-113. Appointment of process agent by nonresident contractor; exception; filing.
16-113
16-113. Appointment of process agent by nonresident contractor; exception;
filing.
(a) Whenever the state or any political subdivision of the state, or any
agency or instrumentality thereof, enters into a contract with any person
who is not a resident of this state for the construction of any public
improvement
to be paid for by public funds, such person shall appoint in writing, as
such person's agent, a resident of
Kansas,
except, no appointment under this section is required if the person is a
foreign corporation, foreign limited partnership, or foreign limited liability
company qualified to do business and in good standing in Kansas.
(b) Process for such person may be served on such agent
in any civil action which arises out of the contract and in which the state,
political subdivision, agency or instrumentality is a plaintiff. The
appointment
of such agent shall be filed with the secretary of state
as provided in K.S.A. 60-306 and amendments thereto. No person
required
to appoint such an agent shall receive public moneys pursuant to such person's
contract until the appointment has been made and filed as required by this
section.
(c) As used in this section, "person" means any individual,
partnership
or unincorporated association.
History: L. 1913, ch. 299, § 1; L. 1980, ch. 73, § 1;
L. 1993, ch. 179, § 1; July 1.