Federal Volunteer Protection Act -- Preemption of State Law
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| The federal Volunteer Protection Act (VPA) preempts state laws to the extent that such laws are inconsistent with the VPA. However, state laws that offer additional protections to volunteers are not preempted by the VPA. The following laws are not inconsistent with the VPA:
(1) a state law that requires a nonprofit organization or governmental entity to adhere to risk management procedures, including mandatory training of volunteers;
(2) a state law that makes the nonprofit organization or governmental entity liable for the acts or omissions of its volunteers to the same extent as an employer is liable for the acts or omissions of its employees;
(3) a state law that makes a limitation of liability inapplicable if the civil action was brought by an officer of the state or local government under state or local law; and
(4) a state law that makes a limitation of liability applicable only if the nonprofit organization or governmental entity provides a financially secure source of recovery for persons who suffer harm as a result of actions taken by a volunteer on behalf of the organization or entity.
A state may avoid the preemption of the VPA for lawsuits against volunteers in which all of the parties are citizens of the state. In order to avoid preemption for these types of lawsuits, a state must enact legislation declaring its intention to opt out. Copyright 2010 LexisNexis, a division of Reed Elsevier Inc. |