Justia Public Benefits Opinion Summaries

Articles Posted in New Mexico Supreme Court
The New Mexico Legislature passed House Bill 59 during the 2011 legislative session. The Bill sought to amend five different sections of the Unemployment Compensation Act in order to address an impending insolvency in the unemployment compensation fund. In addition to reducing benefits to the unemployed, House Bill 59 increased employer contributions to the unemployment compensation fund over contributions that would be made in 2011. Governor Susana Martinez partially vetoed the Bill by striking one of the variables necessary to calculate employer contributions beginning on January 1, 2012. The Petitioners, each of whom are legislators, sought a writ of mandamus to invalidate Governor Martinez's partial veto. Because the effect of the veto was to exempt most employers from making what would otherwise be mandatory contributions to the unemployment compensation fund for calendar year 2012, the Supreme Court held that the partial veto was invalid. The Court therefore issued a writ of mandamus to order that House Bill 59 be reinstated as passed by the Legislature. View "State of NM ex rel Stewart v. Martinez" on Justia Law