Chapter 6 — Chapter 6

establishment in connection with the board of finance division of the department of finance and administration. A. The state board of finance shall consist of seven members: (1) the governor; (2) the lieutenant governor; (3) the state treasurer; and (4) four members appointed by …

treasurer. A. A state agency may not open a new deposit account or deposit money in an existing deposit account unless it has submitted a request to the state treasurer in writing on forms prescribed by the state treasurer and received written authorization from the state treasur…

If the state board of finance determines that an emergency exists that warrants such action, it may lend or grant to any state agency, board, commission, municipal corporation or other political subdivision organized under the laws of the state or any Indian nation, tribe or pueb…

repayment; security and interest. The state board of finance may prescribe those terms and conditions it deems proper with respect to the repayment of any loan and the application of the proceeds of the loan, and it may require or waive security by way of the pledge of revenues o…

application of proceeds. Any municipal corporation or other political subdivision obtaining a loan or grant shall apply the proceeds thereof only for the purposes stated by the state board of finance in its action approving the loan or grant. History: 1953 Comp., § 11-1-1.3, enac…

emergency fund; deposit in general fund. Any amount received by the state board of finance in repayment of any emergency loan shall be deposited by the board to the credit of the state board of finance emergency fund if the payment is received during the same fiscal year in which…

Separate accounts shall be kept for every appropriation or fund, showing the date and manner of each payment made out of the funds provided by such appropriation, the name and address of each person, organization, corporation or association, to whom, and for what purpose paid. Hi…

History: Laws 1935, ch. 27, § 2; 1941 Comp., § 7-121; 1953 Comp., § 11-1-22; 1978 Comp., § 6-1-7, repealed by Laws 2004, ch. 73, § 1.

The secretary of finance and administration or the director of the financial control division, whenever he may think it necessary to the proper settlement of any account, may examine the parties, witnesses and others on oath or affirmation, touching any matter material to be know…

"State agency" means any department, institution, board, bureau, commission, district or committee of government of the state of New Mexico and means every office or officer of any of the above. History: 1953 Comp., § 11-4-1.1, enacted by Laws 1957, ch. 253, § 1.

The budget means a complete statement as to the financial operation of all state agencies for the fiscal year last completed, the current fiscal year and a financial plan for the operation of all state agencies for the succeeding fiscal year. The budget for the succeeding fiscal …

The budget shall contain the following parts: A. the governor's budget message; B. summary statements showing the following: (1) financial condition of the state government at the beginning and at the end of the fiscal year last completed; (2) financial condition of the state gov…

The budget shall be printed. History: 1953 Comp., § 11-4-2.4, enacted by Laws 1955, ch. 114, § 4.

The budget shall be indexed. History: 1953 Comp., § 11-4-2.5, enacted by Laws 1955, ch. 114, § 5.

ANNOTATIONS Repeals. — Laws 1999, ch. 15, § 13 repealed 6-3-14 NMSA 1978, as enacted by Laws 1921, ch. 133, § 314, relating to consideration of the budget by the legislature, effective June 18, 1999. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.com.

The director of the state budget division shall: A. administer the provisions of Sections 6-3-1 through 6-3-22 NMSA 1978 and make rules and regulations necessary in that administration; B. prepare a tentative budget and submit it to the governor; C. assist the governor in the pre…

The secretary of finance and administration and the state budget division director are hereby authorized to bring suit in the district court for the purpose of securing compliance with the provisions of Sections 6-3-9 through 6-3-13 and 6-3-15 through 6- 3-22 NMSA 1978. History: …

All state agencies are subject to the provisions of this act [6-3-9 to 6-3-11, 6-3-12, 6- 3-13, 6-3-15 to 6-3-22 NMSA 1978]. History: 1953 Comp., § 11-4-7.3, enacted by Laws 1955, ch. 114, § 8.

On or before June 15 of each year, the state budget division shall send to each state agency forms that provide for the following information: A. revenue or anticipated revenue, from all sources for the fiscal year last completed, the current fiscal year and for the succeeding fi…

Each state agency shall fill out the budget forms provided for in Section 6-3-18 NMSA 1978 in the manner prescribed by the state budget division. Each state agency, in completing the budget forms, shall include information for all divisions, subdivisions and offices of the agency…

The director of the state budget division shall be skilled in accountancy and auditing, familiar with the operation of educational and other state institutions, budgets and finances. The director shall be appointed by the secretary of finance and administration with the governor'…

The state budget division shall review the completed budget forms of all state agencies and shall include recommendations concerning the requested appropriation in the tentative budget. Prior to submission of the tentative budget to the governor, any state agency may be given an …

A. The governor shall prepare the budget and submit it to the legislative finance committee and each member of the legislature not later than January 5 in even- numbered years and not later than January 10 in odd-numbered years. In the preparation of the budget the governor may: …

At the time the budget is submitted, each member of the legislature and each state agency shall be furnished a copy of the budget by the state budget division. History: 1953 Comp., § 11-4-7.8, enacted by Laws 1955, ch. 114, § 13; 1977, ch. 247, § 132.

As used in Chapter 6, Article 3 NMSA 1978, "budget adjustment" means: A. an increase or decrease in expenditures from other state funds, internal service funds or interagency transfer; B. a transfer of funds from one division of an agency to other divisions of that agency; C. a t…

A. A state agency may be specifically authorized by law to request a budget adjustment. The amount of budget adjustment authorized may be limited by law. All requests for budget adjustments shall be made in accordance with the procedures set forth in Section 6-3-25 NMSA 1978. B. …

A. Except for federal funds, disaster assistance funds and emergency response funds, any budget adjustment request to transfer, decrease or increase funds shall be held in abeyance for ten calendar days after the director of the state budget division of the department of finance …

division and state agencies; assistance to state agencies. There shall be full cooperation between the various state agencies and the state budget division. State agencies will give complete access to the division of their books and records if so requested. The budget division wi…

committees; to supply information to legislature and committees. The state budget division shall cooperate fully with the legislature and legislative committees, and shall supply them with information relating to the budget requirements of all state departments and institutions. …

The state budget division is hereby authorized to engage in research and to make administrative and organizational surveys of the executive or administrative departments, boards, institutions, commissions or agencies of the state government to determine whether the activities the…

A. The state budget division, subject to the approval of the secretary of finance and administration, is authorized to provide rules for the periodic allotment of funds that may be expended by any state agency. B. The expenditures of any state agency as defined in Section 6-3-1 N…

submission of proposed budgets; approval; review by governor. Each state agency shall annually on or before May 1 submit to the state budget division a budget for the ensuing fiscal year, in such form as may be prescribed by the division and containing such information concerning…

Any public official or employee who shall violate provisions of this act [6-3-6, 6-3-8 NMSA 1978] shall be guilty of a felony and upon conviction thereof shall be punished by a fine of not more than ten thousand dollars ($10,000) nor less than five hundred dollars ($500) or impri…

State agency means any department, institution, board, bureau, commission, district or committee of government of the state of New Mexico and means every office or officer of any of the above. History: 1953 Comp., § 11-4-2.1, enacted by Laws 1955, ch. 114, § 1.

Chapter 6, Article 3A NMSA 1978 may be cited as the "Accountability in Government Act". History: Laws 1999, ch. 5, § 1 and 1999, ch. 15, § 1; 2019, ch. 23, § 1.

The division and the committee shall approve a list of programs to inventory on or before June 15 of each year. The division shall send to each agency required to submit a performance-based program budget request a notification identifying the programs that have been selected for…

and opportunity program fund; accountability and evaluation plans. A. The division director and the director of the committee shall develop instructions for agencies to submit an accountability and evaluation plan for each program or project that is funded by an appropriation fro…

A. The legislature finds that agencies should: (1) be granted sufficient statutory authority and flexibility to use their resources in the best possible way in order to better serve the citizens of New Mexico through the efficient delivery of services and products and the effecti…

As used in the Accountability in Government Act: A. "agency" means a branch, department, institution, board, bureau, commission, district or committee of the state; B. "approved program" means a program included in an approved list of programs issued by the division pursuant to S…

A. Prior to July 15 of each year, each agency shall submit to the division and the committee proposed changes to its current program structure. The division, in consultation with the committee and the agency, shall review the requested changes, make any necessary revisions and is…

A. Prior to June 15 of each year, the division, in consultation with the committee, shall develop instructions for the development of performance measures for evaluating approved programs. B. Prior to July 15 of each year, each agency shall submit to the division and the committe…

budget requests. No later than September 1 of each year, agencies shall submit performance-based program budget requests for the subsequent fiscal year to the division and to the committee. History: Laws 1999, ch. 5, § 6; 1999, ch. 15, § 6; 2004, ch. 39, § 6.

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 …

A. For each agency, the governor's proposed budget submitted pursuant to Section 6-3-21 NMSA 1978 and the committee's budget recommendation pursuant to Section 2- 5-4 NMSA 1978 shall contain: (1) a budget recommendation for each approved program; (2) a summary, including the outp…

A. The division, in consultation with the committee, shall select agencies and specify performance measures for those agencies that shall be reported on a quarterly basis. B. Quarterly reports shall compare actual performance for the report period with targeted performance and sh…

This act [6-3B-1 to 6-3B-6 NMSA 1978] may be cited as the "Public Finance Accountability Act". History: Laws 2025, ch. 154, § 1.

As used in the Public Finance Accountability Act: A. "annual audit" means the annual audit or examination of the financial affairs of a grantee by an independent auditor required by the Audit Act [12-6-1 through 12-6-15]; B. "department" means the department of finance and admini…

A. The department shall establish the following funding criteria for a grantee to be eligible for a capital outlay appropriation or other special purpose appropriation to political subdivisions of the state: (1) a grantee shall have completed an annual audit for one of the past t…

The department shall establish grant management and oversight requirements that, at a minimum, require state agencies to: A. ensure that sales, leases and licenses of capital assets acquired with capital outlay appropriations and special purpose appropriations granted to a grante…

The department shall: A. prescribe procedures, policies and processing and appeal documents to implement the funding criteria and grant management requirements set forth in Sections 3 [6-3B-3 NMSA 1978] and 4 [6-3B-4 NMSA 1978] of the Public Finance Accountability Act; B. prescri…