42 U.S.C. § 14502

Current through P.L. 118-59 (published on www.congress.gov on 05/07/2024)
Section 14502 - Preemption and election of State nonapplicability
(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.

42 U.S.C. § 14502

Pub. L. 105-19, §3, June 18, 1997, 111 Stat. 219.
State
The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession.
nonprofit organization
The term "nonprofit organization" means-(A) any organization which is described in section 501(c)(3) of title 26 and exempt from tax under section 501(a) of such title and which does not practice any action which constitutes a hate crime referred to in subsection (b)(1) of the first section of the Hate Crime Statistics Act ( 28 U.S.C. 534 note); 1 or(B) any not-for-profit organization which is organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes and which does not practice any action which constitutes a hate crime referred to in subsection (b)(1) of the first section of the Hate Crime Statistics Act ( 28 U.S.C. 534 note).1
volunteer
The term "volunteer" means an individual performing services for a nonprofit organization or a governmental entity who does not receive-(A) compensation (other than reasonable reimbursement or allowance for expenses actually incurred); or(B) any other thing of value in lieu of compensation,in excess of $500 per year, and such term includes a volunteer serving as a director, officer, trustee, or direct service volunteer.1 See References in Text note below.