(1) THE GOVERNOR SHALL INCLUDE MONEY TO PAY A CLAIM THAT IS
APPROVED BY THE BOARD IN THE STATE BUDGET FOR THE FISCAL YEAR THAT
FOLLOWS THE FISCAL YEAR IN WHICH THE BOARD APPROVES THE CLAIM.
(2) THE BOARD SHALL PAY TO THE CLAIMANT OR THE CLAIMANT'S
REPRESENTATIVE ANY COMPENSATION APPROVED BY THE BOARD AND INCLUDED
IN THE STATE BUDGET.
(C) EXCLUSIVE REMEDY
THE COMPENSATION AUTHORIZED UNDER THIS SUBTITLE IS THE EXCLUSIVE
REMEDY AGAINST THE STATE FOR A CLAIM THAT FALLS WITHIN THE JURISDICTION
OF THE BOARD.
(D) JURISDICTION.
AN INMATE WORKING UNDER THE SUPERVISION OF STATE USE INDUSTRIES IN
THE FEDERAL PRISON INDUSTRY ENHANCEMENT PROGRAM:
(1) IS EXCLUDED FROM THE JURISDICTION OF THE BOARD; AND
(2) SHALL BE ADMINISTERED BENEFITS AS PROVIDED UNDER TITLE 9
OF THE LABOR AND EMPLOYMENT ARTICLE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 41, § 4-701(e), (f), and (i).
In subsection (b)(1) and (2) of this section, the references to a claim that is
"approved" by the Board are substituted for the former reference to a claim
that is "allowed" by the Board for consistency with § 10-307(a)(2) of this
subtitle.
In subsection (b)(1) of this section, the reference to the State budget "for
the fiscal year that follows the fiscal year in which the Board approves the
claim" is substituted for the former reference to "the next State budget" for
clarity.
In subsection (c) of this section, the reference to the compensation
"authorized" under this subtitle is substituted for the former reference to
compensation "provided" under this subtitle for clarity because the Board
must make a determination as to whether an inmate is due benefits under
this subtitle before those benefits are provided.
Also in subsection (c) of this section, the former phrase "[e]xcept as
provided in paragraph (2) of this subsection" is deleted as unnecessary
because subsection (c) applies only to a claim that falls within the
"jurisdiction of the Board" and subsection (d) of this section, which is
derived from former Art. 41, § 4-701(i)(2), provides that an inmate working
under the supervision of State Use Industries in the Federal Prison
Industry Enhancement Program is "excluded from the jurisdiction of the
Board".
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