SESSION OF 2020
SUPPLEMENTAL NOTE ON SENATE BILL NO. 253
As Recommended by Senate Committee on
Judiciary

Brief*
SB 253 would amend law related to the Secretary of
State (Secretary) and service of process, as follows.

Service of Process against Nonresidents in Cases
Arising out of Motor Vehicle Accidents or Collisions
The bill would clarify the requirements for service of
process on nonresident drivers or their representatives
through the Secretary. Current law provides that nonresident
drivers or their representatives are deemed to accept the
Secretary as their agent for service of process arising from
any accident or collision that occurs while operating a vehicle
in Kansas, and requires a notice be delivered to the
defendant by registered mail or personally without the state
by a sheriff or deputy sheriff in such state.
The bill would provide that a plaintiff may serve a
defendant by paying a fee to the Secretary and providing to
the Secretary a copy of the summons, petition, and order, and
the last known address, residence, or place of abode for each
defendant. The Secretary would be directed to immediately
mail a notice of service and copy of the summons, petition,
and order to each defendant by return receipt delivery. The
notice of service would be required to be signed, dated, and
in substantial form as specified by the bill.

____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 The bill also would allow a plaintiff, upon written
notification to the Secretary, to personally serve a defendant
in the foreign state by an adult person not a party to the suit
or an officer duly qualified to serve legal process in the state
or jurisdiction where the defendant is found, by delivering the
appropriate documents, or offering to make such delivery, in
the case of refused delivery, on a defendant. The plaintiff
would be required to provide the Secretary with a copy of the
notice of service, summons, petition, and order provided to
the defendant. The process server would be required to file
an affidavit, declaration, or any other competent proof, stating
the time, manner, and place of service on or before the return
day of process or within a further time the court may allow.
The Secretary would be required to keep a record of all
process served upon the office pursuant to this section,
showing the day of service of each process.
The bill would state compliance with the above
provisions would constitute sufficient service on the
defendant.
The bill would make technical amendments in this
section to ensure consistency in statutory phrasing and
references.

Service of Process on Limited Liability Partnerships
The bill would clarify that a domestic limited liability
partnership or foreign limited liability partnership authorizes
the Secretary, as each entity’s agent, to accept service of
process on the entity’s behalf.

Background
The bill was introduced by Senator Denning. In the
Senate Committee on Judiciary hearing, a representative of
the Office of the Secretary of State testified in support of the

2- 253
bill, stating the bill would establish standard procedures,
responsibilities, and expectations to allow a plaintiff to serve a
defendant through the Secretary in certain cases. No other
testimony was provided.
According to the fiscal note prepared by the Division of
the Budget on the bill, the Secretary indicates enactment of
the bill would cause an increase in revenue from fees from
individuals choosing to use the agency for service of process,
but the agency is unable to estimate how many individuals
would utilize the service. Any fiscal effect associated with
enactment of the bill is not reflected in The FY 2021
Governor’s Budget Report.


3- 253


Statutes affected:
As introduced: 8-402, 60-304