N.Y. Military Law 300 – Findings and declaration of emergency
§ 300. Findings and declaration of emergency. It has been nationally recognized that because of the emergent conditions which are threatening the peace and imperiling the security of the nation, there is imperative need to augment and strengthen the national defense. It is further recognized that the emergent conditions which endanger the national well-being likewise constitute an imminent threat and hazard to the peace and security of the people of the state. Moreover, it is acknowledged that the exigencies of national defense require that the people of the state, in large numbers, be called into military service, and as a consequence, the health, prosperity and welfare of all of the people of the state is inevitably affected.
Terms Used In N.Y. Military Law 300
- military service: means duty by a person, male or female, in the active military service of the United States as defined in section one of this chapter and active duty in the military service of the state pursuant to an order of the governor issued pursuant to section six or seven of this chapter. See N.Y. Military Law 301
In these circumstances, and in order to promote and to assist the national defense, and thereby to protect the peace, prosperity and health of the people of the state, it is necessary that citizens and residents of the state in the military service as well as those who are members of the organized militia or of a reserve component of the armed forces of the United States should be free to devote their entire energy and effort to the defense needs of the nation and of the state. To assist in this end, it is essential to provide in certain cases for the temporary suspension of legal proceedings and transactions which may prejudice the civil rights of persons in the military service. It is further essential in the interests of the prosperity and well-being of the people of the state, that such persons, upon completion of military service, be restored to their former employment.
The legislature finds, further, that citizens and residents of the state, not in military service, who are members of the organized militia or of a reserve component of the armed forces of the United States are being discriminated against by certain employers who either refuse to employ them because of such membership or, if employed, discharge or otherwise discriminate against them because of such membership and that such acts of discrimination jeopardize the recruiting of citizens and residents of the state into the organized militia and the reserve components of the armed forces of the United States and otherwise affect the security of the state.
The legislature finds, further, that citizens and residents of the state, not in military service and not members of the organized militia or of the reserve components of the armed forces of the United States, are discriminated against by certain employers who refuse to employ them because they are subject to military service in the armed forces of the United States under the selective service act of nineteen hundred forty-eight, as amended.
In the interpretation and application of this article, it is hereby declared to be the public policy of the state to maintain, secure and protect the civil and property rights of persons in the military service, as hereinafter defined, and of employees who are members of the organized militia or members of a reserve component of the armed forces of the United States.
The legislature hereby declares the existence of a public emergency affecting the health, safety and comfort of the people, requiring the enactment of the provisions of this act to protect the vital interests of the state.
All the provisions of this article shall be liberally construed for the accomplishment of this purpose.
This article shall be deemed an exercise of the police power of the state, for the protection of the public welfare, prosperity, health and peace of the people of the state.