Preemption and election of State nonapplicability

42 U.S.C. § 14502
in effect
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(a) PreemptionThis 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 nonapplicabilityThis 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.

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