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42 U.S.C. § 14502 — Preemption and election of State nonapplicability

submitted 29 years ago by Pub. L. 105-19 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 141 words · no verdicts yet

in plain englishAI-generated · not legal advice

This chapter overrides any state law that conflicts with it, but not a state law that gives volunteers even more liability protection. A state can also opt out of this chapter entirely for its own courts, by passing a specific law that says so.

(a) Preemption — This chapter overrides state laws to the extent they conflict with it — except this chapter doesn't override a state law that gives volunteers, or any category of volunteers, extra liability protection when they perform services for a nonprofit or government entity. (b) Election of State regarding nonapplicability — This chapter doesn't apply to a civil lawsuit in state court against a volunteer, where every party is a citizen of that state, if the state passes a law — following its own rules for enacting legislation — that (1) cites this subsection as its authority; (2) declares the state's choice that this chapter won't apply, starting on a stated date, to that kind of state-court lawsuit; and (3) contains no other provisions.
the actual law source: uscode.house.gov ↗public domain
(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.

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

history & why it existsrecord from the source credit
  • 1997Enacted · Pub. L. 105-19 · 111 Stat. 219

A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-19 on 1997-06-18.

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