Title 42The Public Health and WelfareRelease 119-73not60

§14502 Preemption and Election of State Nonapplicability

Title 42 › Chapter 139— VOLUNTEER PROTECTION › § 14502

Last updated Apr 5, 2026|Official source

Summary

Federal law overrides any state law that conflicts with it. But state laws that give volunteers extra protection from lawsuits when they help a nonprofit or a government are not overridden. A state can choose to make the federal rules not apply to a lawsuit in a state court against a volunteer if everyone in the case is a citizen of that state. To do that, the state must pass a law that names this federal rule, says the state elects not to apply it starting on a specific date, and includes nothing else.

Full Legal Text

Title 42, §14502

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 14502

Title 42The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60