16-113.   Appointment of process agent by nonresident contractor; exception;filing.(a) Whenever the state or any political subdivision of the state, or anyagency or instrumentality thereof, enters into a contract with any personwho is not a resident of this state for the construction of any publicimprovementto be paid for by public funds, such person shall appoint in writing, assuch person's agent, a resident ofKansas,except, no appointment under this section is required if the person is aforeign corporation, foreign limited partnership, or foreign limited liabilitycompany qualified to do business and in good standing in Kansas.

      (b)   Process for such person may be served on such agentin any civil action which arises out of the contract and in which the state,political subdivision, agency or instrumentality is a plaintiff. Theappointmentof such agent shall be filed with the secretary of stateas provided in K.S.A. 60-306 and amendments thereto. No personrequiredto appoint such an agent shall receive public moneys pursuant to such person'scontract until the appointment has been made and filed as required by thissection.

      (c)   As used in this section, "person" means any individual,partnershipor unincorporated association.

      History:   L. 1913, ch. 299, § 1; L. 1980, ch. 73, § 1;L. 1993, ch. 179, § 1; July 1.