8-401. Service of process against nonresidents or their representatives; definitions.
8-401
8-401. Service of process against nonresidents or their
representatives; definitions.
(a) As used in this act, each of the following words and terms, unless
the context clearly requires otherwise, shall have the meaning respectively
ascribed to it in this section:
(1) "Nonresident" or "nonresident person" shall mean: (A) A person who
is a nonresident of this state; (B) a person who is a resident of this
state and who departs from this state subsequent to the accident or
collision from which the action or proceeding against such person or a
representative of such person arose and remains absent from this state for
thirty (30) days continuously, whether such absence is intended to be
temporary or permanent; (C) a person who at the time of the accident or
collision from which the action or proceeding arose was a resident of this
state but who has subsequently thereto become a nonresident of this state;
(2) "representative" shall have the meaning respectively ascribed to it
in subsection (1) of K.S.A. 59-102.
(b) The acceptance by a nonresident person of the rights and privileges
conferred by existing laws to operate motor vehicles on the public highways
of the state of Kansas, or the operation by a nonresident person, or an
authorized chauffeur of such nonresident, or agent, of a motor vehicle on
the said highways, other than under said laws, shall be deemed equivalent
to an appointment by such nonresident of the secretary of state of the
state of Kansas, or the secretary's successor in office, to be such
nonresident's true and lawful agent, upon whom may be served all lawful
process in any action or proceeding against said nonresident or a
representative of said nonresident growing out of any accident or collision
in which said motor vehicle may be involved, while same is operated in the
state of Kansas by said nonresident, or by an authorized chauffeur of said
nonresident or agent; and said acceptance or operation of said vehicle
shall be a signification of agreement that any such process which is so
served on the secretary of state shall be of the same legal force and
validity as if served upon said nonresident or a representative of said
nonresident personally within the state.
History: L. 1935, ch. 72, § 1; L. 1959, ch. 50, § 1; L. 1961, ch. 54, § 1;
July 1.