Attorney General Opinions and Advisory Letters

Opinion No. 65-163

August 24, 1965

BY: OPINION OF BOSTON E. WITT, Attorney General Roy G. Hill, Assistant Attorney General

TO: John Elliott, Superintendent, State Park and Recreation Commission, 141 E. DeVargas Street, Santa Fe, New Mexico

QUESTION

QUESTION

What is the expiration date of those boat registrations purchased prior to the effective date of the 1963 Amendment to the Boat Act?

CONCLUSION

See Analysis.

OPINION

{*275} ANALYSIS

This opinion will discuss only those registrations which expire because of the three year limitation in the Boat Act. As originally written, Subsection G of Section 75-35-5, N.M.S.A., 1953 Compilation provided in pertinent part: "Every certificate of number awarded pursuant to the Boat Act shall continue in force for a period of three years . . ." This same section now provides: "Every certificate of number awarded pursuant to the Boat Act shall continue in force through December 31 of the third calendar year of registration . . ." This amendment became effective June 7, 1963.

Any registration purchased prior to the effective date of the amendment is controlled by the section as it read prior to the amendment and will remain in effect for three years. Thus, a registration purchased June 6, 1963 will be valid until June 5, 1966. If, however, this registration is renewed in 1966, it will expire December 31, 1968. Those licenses purchased in 1962 and due to expire in 1965 will expire under the terms of the Boat Act as originally written which means three years from the date it was purchased. Then, however, the renewal for 1965, regardless of the date purchased, will expire December 31, 1967.