2006 New York Code - 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.
    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.

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