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This entry was published on 2014-09-22
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SECTION 300
Findings and declaration of emergency
Military (MIL) CHAPTER 36, ARTICLE 13
§ 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.