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Ex. DUT-WY-012 Standing duty Primary source read

Wyo. Stat. Ann. 19-13-104 and 19-13-116

19-13-104. Powers of governor generally; director, department of homeland security. 19-13-116. Enforcement of orders, rules and regulations.

Wyoming Legislature (Wyo. Stat. Title 19, ch. 13, Wyoming Homeland Security Act) · Wyoming (State)

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The record

Jurisdiction
Wyoming
Level
State
Authority
Wyo. Stat. Ann. 19-13-101 et seq. (Wyoming Homeland Security Act)
Effective
standing
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationStanding duty
Addressees
  • the Governor; State agencies; homeland security programs and their officers; through the assigned agency's orders, persons generally
Character
statutory authority
Collection
Standing duties: Wyoming DUT-WY

Operative words

In performing his duties under this act, the governor may: (i) Make, amend and rescind the necessary orders, rules and regulations to carry out this act... The governor may assign to a state agency any activity concerned with the mitigation of the effects of a disaster... and the agency shall undertake and carry out the activity on behalf of the state

Penalty

None in ch. 13; the offense for disobeying the resulting public health orders is 35-1-106 (DUT-WY-002)

What it required

The Governor's power to issue emergency orders and to assign disaster-mitigation activity to a State agency, which 'shall undertake and carry out the activity' (19-13-104(c)(i)); the duty of every homeland security program and its officers to 'execute and enforce orders, rules and regulations made by the governor' (19-13-116). Executive Order 2020-2 was issued under 19-13-102 and 19-13-104 and assigned the response to the Department of Health under Title 35 (Ex. WY-001, WY-002). Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

19-13-104(e)(iii) forbids closing or limiting the hours of firearm sellers 'unless the closing or limitation of operating hours applies equally to all forms of commerce within the jurisdiction', a legislative acknowledgment that emergency orders may close or limit the hours of commerce generally. 'Homeland security' is defined in 19-13-102(a)(ii) to include functions necessary to deal with disasters 'by fire, flood, earthquake, other natural causes'.