N.Y. Military Law Section 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.

Source: Section 300 — Findings and declaration of emergency, https://www.­nysenate.­gov/legislation/laws/MIL/300 (updated Sep. 22, 2014; accessed Mar. 23, 2024).

300
Findings and declaration of emergency
301
Definitions
301–A
Notice of benefits to persons in and persons enlisting in the state organized militia
301–B
Extension of benefits to dependents
301–C
Accident prevention course information
302
Stay, et cetera, to persons secondarily liable
303
Representation
304
Proceedings to be stayed unless interest unaffected by military service
305
Relief against fines and penalties, et cetera
306
Actions against persons in service
307
Continuance of stay, et cetera
308
Statutes of limitations and statutes of a similar nature
308–A
Waiver of professional continuing education requirements
308–B
Extension of license, certificate or registration
309
Evictions
310
Liability for rent accruing after induction
311
Installment purchases
311–A
Termination of motor vehicle lease contracts
311–B
Cancellation without penalty of certain additional rental contracts
311–C
Termination without penalty of certain service contracts
312
Mortgages
313
Settlement of cases involving stayed proceeding in foreclosure or repossession of personal property
313–A
Exercise of rights under this article not to affect certain future financial transactions
314
Taxes
315
Taxes
316
Policies of insurance
316–A
Protection of assignor of life insurance policy
316–B
Professional liability protection for certain persons ordered to active duty in armed forces
317
Reemployment in private industry
318
Policy of the state
319
Evasive transfers of interest
321
Certificates of service
322
Interlocutory orders
323
Further relief
323–A
Maximum rate of interest
323–B
Filing fees waiver
324
Separability
325
Inconsistent provisions in other acts
326
Article thirteen of military law, added by laws of nineteen hundred forty-one, chapter six hundred eighty-six
327
Duration of the emergency
328
Short title

Accessed:
Mar. 23, 2024

Last modified:
Sep. 22, 2014

§ 300’s source at nysenate​.gov

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