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Ex. DUT-WY-003 Standing duty Primary source read

Wyo. Stat. Ann. 35-1-240

35-1-240. Powers and duties.

Wyoming Legislature (Wyo. Stat. Title 35, ch. 1, art. 2) · Wyoming (State)

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The record

Jurisdiction
Wyoming
Level
State
Authority
Wyo. Stat. Ann. Title 35, ch. 1, art. 2 (Department of Health), div. 2 (Powers and Duties)
Issued
2021-07-01 July 1, 2021
Effective
standing (read as 2021-07-01)
End
standing (read as 2021-09-30)
In force
Standing since July 1, 2021 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureGathering capQuarantine and isolationStanding dutyOperating condition
Addressees
  • the Department of Health and the State Health Officer; through their orders, persons generally, owners or persons in control of premises, theaters, schools and other public places, and the operators of hotels, factories, workshops and places of public gathering
Character
statutory authority
Collection
Standing duties: Wyoming DUT-WY

Operative words

(iii) To establish, maintain and enforce isolation and quarantine, and in pursuance thereof... to exercise such physical control over property and over the persons of the people within this state as the state health officer may find necessary...; (iv) To close theaters, schools and other public places, and to forbid gatherings of people when necessary to protect the public health

Penalty

Enforced through 35-1-105 and 35-1-106 (DUT-WY-002) and 35-4-101 (DUT-WY-004)

What it required

The Department of Health, through the State Health Officer, 'shall have and exercise' the powers and duties to investigate and control communicable disease (a)(ii), to enforce isolation and quarantine with physical control over property and persons (a)(iii), to close public places and forbid gatherings (a)(iv), to abate nuisances (a)(v), and to enforce sanitary standards for hotels, factories, workshops, schools and places of public gathering (a)(xv); the powers the statewide orders recited and under which county orders were authorized ((a)(iv), recited in Ex. WY-004 para. 7). Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

Subsection (a) opens 'Subject to subsection (c) of this section'; (c) is the 2021 limitation on orders (with 35-1-310) that governs orders issued on or after July 1, 2021 (Ex. WY-055). (a)(xxi): during a public health emergency the State Health Officer 'may prescribe pharmaceutical or therapeutic interventions en masse'. Executive Order 2020-2 directed the Department to act under this section (Ex. WY-001, WY-002).