State v. North Central Kansas Production Credit Ass'n

740 P.2d 87, 241 Kan. 818, 1987 Kan. LEXIS 400
CourtSupreme Court of Kansas
DecidedJuly 17, 1987
DocketNo. 60,159
StatusPublished

This text of 740 P.2d 87 (State v. North Central Kansas Production Credit Ass'n) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. North Central Kansas Production Credit Ass'n, 740 P.2d 87, 241 Kan. 818, 1987 Kan. LEXIS 400 (kan 1987).

Opinion

The opinion of the court was delivered by

Prager, C.J.:

This is an appeal by the State in a criminal action in which the defendant, North Central Kansas Production Credit Association (PCA), was charged with a violation of a quarantine order issued by the Kansas Livestock Commissioner (K.S.A. 47-624).

The trial court dismissed the complaint on motion of the defendant on the basis that the defendant had insufficient notice of the quarantine order. The State appealed from the dismissal of the complaint.

For purposes of this appeal, the facts in the case are not in dispute and essentially are as follows: On October 11, 1985, the Kansas Livestock Commissioner established a quarantine on the farm of Dennis Hansen in Republic County, Kansas, pursuant to K.S.A. 47-611. The quarantine was based on a laboratory report indicating the presence of pseudorabies in Hansen’s hog operation. The livestock commissioner notified Hansen of the quarantine by a letter which enclosed an official quarantine, No. 35500, and which outlined procedures for complying with the [819]*819quarantine and for a release therefrom. No letter of quarantine was sent to PCA, nor were notices of the quarantine posted on the Hansen premises or published in a newspaper or in the Kansas Register.

On February 21,1986, the district court of Republic County, in a civil action, ordered delivery of all the Hansen property, including the hogs, to the sheriff to satisfy a judgment obtained by PCA in a foreclosure action. On February 22, 1986, the hogs were removed from Hansen’s farm to another location pursuant to the district court order.

On April 15, 1986, the county attorney filed a complaint charging PCA with violating the quarantine under K.S.A. 47-624. Thereafter, PCA filed a motion to dismiss on the basis that the notice of quarantine given by the livestock commissioner was insufficient to give notice to defendant PCA regarding the quarantine. It was the position of defendant that the letter/notice to Dennis Hansen was insufficient to give notice of the quarantine to any person other than Hansen, because notice of the quarantine had not otherwise been published or otherwise circulated. It was the position of the prosecutor that, while the officers of PCA did not receive an official notice of the quarantine from the livestock commissioner, they had actual knowledge of the quarantine which they had obtained from area residents and local veterinarians.

The district court sustained defendant’s motion to dismiss, holding that, although the notice by letter to Dennis Hansen satisfied the requirements of notice under K.S.A. 47-611, such notice, having not been officially published or otherwise circulated, did not have the effect of according a general notice of the quarantine to any person other than Hansen. The district court held that, for a person to be guilty of a violation of a quarantine, he must have either actual knowledge by service of a notice by the commissioner or constructive knowledge from publication of a governor’s proclamation. Thus, the court reasoned that defendant PCA had received insufficient notice of the order of the livestock commissioner to be guilty of a violation of the quarantine. The State appealed the order of dismissal.

The basic issue presented to the court on appeal is whether actual knowledge by PCA of the quarantine order was sufficient [820]*820for the defendant to be prosecuted under K.S.A. 47-624. At the outset, it would be helpful to examine the applicable Kansas statutes. K.S.A. 75-1901 provides for the appointment of a livestock commissioner (also known as the livestock sanitary commissioner) by the Kansas animal health board. The commissioner serves as executive officer of the Kansas animal health department. Among other duties prescribed by statute, K.S.A. 47-610 requires the commissioner to protect the health of domestic animals of the state from contagious or infectious diseases and he is authorized and empowered to establish, maintain, and enforce a quarantine to prevent the spreading among domestic animals of any contagious or infectious disease. K.S.A. 47-607d authorizes the commissioner to adopt such rules and regulations as he may deem necessary to carry out the purposes of the act.

K.S.A. 47-611 governs the procedure to be followed where a quarantine is to be issued:

“47-611. Quarantine, sanitary and other regulations; notice of quarantine; proclamation by governor; enforcement. When the commissioner shall have determined the necessity of a quarantine and other regulations to prevent the spread among domestic animals of any contagious or infectious disease the commissioner shall notify the governor thereof, who shall issue a proclamation announcing the boundary of such quarantine and the orders, rules and regulations prescribed by the commissioner which proclamation shall be published in the Kansas register, except that the commissioner may, if the area affected by the quarantine is limited in extent, dispense with the proclamation of the governor, and give such notice as the Commissioner shall deem sufficient to make the quarantine effective. The commissioner shall establish such quarantine forthwith and shall give and enforce such directions, rules, and regulations as to separating, isolating, handling, and treating, feeding and caring for such diseased animals, animals exposed to the disease, and animals within the quarantine which have not been immediately exposed, as the commissioner shall deem necessary to prevent those classes of animals from coming into contact with one another; and the livestock sanitary commissioner is hereby authorized and empowered to enter any grounds and premises to carry out the provisions of this act.”

K.S.A. 47-604 provides a penalty for violating a quarantine:

“47-604. Penalty for violating'act or quarantine. Except as otherwise provided in this act, any person who shall violate, disregard, or evade, or attempt to violate, disregard, or evade, any of the provisions of this act, or who shall violate, disregard, or evade, or attempt to violate, disregard, or evade, any of the rules, regulations, orders or directions of the livestock sanitary commissioner establishing and governing quarantine, shall be deemed guilty of a misdemeanor, and [821]*821upon conviction thereof shall be fined in any sum not less than one hundred nor more than five thousand dollars.”

K.S.A. 47-624

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Cite This Page — Counsel Stack

Bluebook (online)
740 P.2d 87, 241 Kan. 818, 1987 Kan. LEXIS 400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-north-central-kansas-production-credit-assn-kan-1987.