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.
Structure Kansas Statutes
Chapter 16 - Contracts And Promises
Article 1 - General Provisions
16-101 Joint contracts as joint and several.
16-102 Liability of estate of decedent thereon.
16-103 Liability on death of all joint obligors.
16-104 Suit against copartners or joint obligors.
16-105 Release of persons jointly or severally liable.
16-107 Consideration, what imports.
16-109 Contracts for sale of improvements on government lands.
16-110 Conveyances of improvements on public lands.
16-112 Restraint of trade; penalty.
16-113 Appointment of process agent by nonresident contractor; exception; filing.
16-114 Penalty for violating preceding section.
16-117 Credit agreements; definitions.
16-118 Same; requirements; failure to comply.
16-119 Same; declaration of meaning of original act.