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Title 42 — The Public Health and Welfare

Chapter 139 — Volunteer Protection

§ 14502. Preemption and election of State nonapplicability

Statutory text

(a)

Preemption

This chapter preempts the laws of any State to the extent that such laws are inconsistent with this chapter, except that this chapter shall not preempt any State law that provides additional protection from liability relating to volunteers or to any category of volunteers in the performance of services for a nonprofit organization or governmental entity.

(b)

Election of State regarding nonapplicability

This chapter shall not apply to any civil action in a State court against a volunteer in which all parties are citizens of the State if such State enacts a statute in accordance with State requirements for enacting legislation—

(1)

citing the authority of this subsection;

(2)

declaring the election of such State that this chapter shall not apply, as of a date certain, to such civil action in the State; and

(3)

containing no other provisions.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Volunteer Protection Act of 1997

    Pub. L. 105–19 § 3 · 111 Stat. 218

    Enacted · 42 U.S.C. § 14502

    (Pub. L. 105–19, § 3, June 18, 1997, 111 Stat. 219.)

    Source evidence

    Code source credit
    (Pub. L. 105–19, § 3, June 18, 1997, 111 Stat. 219.)

    Enacted provision · exact public law section
    SEC. 3. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY. (a) Preemption.— This Act preempts the laws of any State to the extent that such laws are inconsistent with this Act, except that this Act shall not preempt any State law that provides additional protection from liability relating to volunteers or to any category of volunteers in the performance of services for a nonprofit organization or governmental entity. (b) Election of State Regarding Nonapplicability.— This Act shall not apply to any civil action in a State court against a volunteer in which all parties are citizens of the State if such State enacts a statute in accordance with State requirements for enacting legislation— (1) citing the authority of this subsection; (2) declaring the election of such State that this Act shall not apply, as of a date certain, to such civil action in the State; and (3) containing no other provisions.

1 of 1 references resolved to an enrolled provision

Credits

(Pub. L. 105–19, § 3, , 111 Stat. 219.)

Parsed from the official OLRC USLM XML in data/usc_all/usc42.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t42/s14502