1. A. The division, in consultation with the committee, shall develop instructions for those agencies required to submit performance-based program budget requests. The instructions shall be sent to the agencies on or before June 15 of each year and shall be in addition to any other forms required by Section 6-3-18 NMSA 1978. The instructions shall require that performance-based program budget requests contain the following:

   1. (1) a summary of each approved program, including a justification for the program;
   2. (2) for each approved program, an evaluation of the agency's progress in meeting the performance targets. The evaluation shall be developed as prescribed in the budget instructions;
   3. (3) for each approved program, the outputs, outcomes, baseline data, performance measures and historic and proposed performance targets;
   4. (4) if a performance audit has been conducted on an approved program during either the present or any of the immediately preceding two fiscal years, any responses that the agency may have to the audit and any actions that the agency has taken as a result of the audit;
   5. (5) the results of the program inventory pursuant to Section 5 of this 2019 act and a summary of how the agency has prioritized evidence-based, research-based or promising sub-programs within its performance-based program budget request; and
   6. (6) any other information that the division believes may be useful to the division or the legislature in developing a budget for the agency.
2. B. On or before September 1 of each year, each agency shall submit a performance-based program budget request to the division and the committee in the form and manner prescribed in the budget instructions. Budget requests submitted pursuant to this section shall be in lieu of those required by Section 6-3-19 NMSA 1978.

History: Laws 1999, ch. 5, § 7; 1999, ch. 15, § 7; 2004, ch. 39, § 7; 2019, ch. 23, § 3.

ANNOTATIONS

The 2019 amendment, effective June 14, 2019, required that performance-based program budget requests contain the results of the program inventory and a summary of how the agency has prioritized evidence-based, research-based, or promising sub-programs within its performance-based program budget request; and added a new Paragraph A(5) and redesignated former Paragraph A(5) as Paragraph A(6).

The 2004 amendment, effective May 19, 2004, amended Subsection A to change July 1 to June 15 and to change in Paragraph (3) "standards" to "targets" and amended Subsection B to change "required to" to "shall" and to delete "shall submit the request".

Deadline for the public education department's submission of annual special appropriations requests to the legislative finance committee and the department of finance and administration. — The plain language of 6-3A-7(B) NMSA 1978 provides that agencies that operate performance-based programs, which include funding for public education department (PED) initiatives or pilot programs such as teacher professional development programs, school leadership training, advanced placement test waivers, and pregnant teen student support, are required to submit their special appropriations requests for these programs no later than September 1 of each calendar year, and therefore the PED's requests for special appropriations submitted after September 1 of each year are untimely under New Mexico law. 2024 Op. Att'y Gen. No. 24-15.