US Laws, Codes, Statutes & Cases

                                  TITLE  45
                         LIENS, MORTGAGES AND PLEDGES
                                  CHAPTER 19
                                 STATE LIENS
    45-1910.  EFFECTIVE DATE AND TRANSITION. (1) This chapter shall be in full
force and effect for all notices of state lien which are filed on or after
July 1, 1998.
    (2)  Except for notices of state lien for child support delinquency, the
transition period for filing notices of state lien shall begin on January 1,
1998, and end on June 30, 1998. The following conditions shall apply to
notices which were filed or recorded before January 1, 1998, and to notices
filed during the transition period:
    (a)  A notice of state lien which was recorded with a county recorder
    between January 1, 1993, and June 30, 1993, shall lapse on the fifth
    anniversary of the recording date, unless the filing agency records a
    notice of renewal with the recorder prior to the lapse and files a notice
    of transition and continuation with the secretary of state before July 1,
    1998. A notice of transition and continuation shall include all of the
    information required by section 45-1904, Idaho Code, the date of the
    recording of the original notice with the county recorder, and a statement
    that the effectiveness of the notice is to be continued for another five
    (5) year period. In the event the filing agency files a notice of
    transition and continuation, the effectiveness of the notice of state lien
    shall lapse on the tenth anniversary of the original recording date,
    unless the filing agency files a further notice of continuation as
    required by section 45-1906(4), Idaho Code.
    (b)  A notice of state lien which was recorded with a county recorder
    between July 1, 1993, and December 31, 1997, will remain effective beyond
    June 30, 1998, only if a filing agency files a notice of transition with
    the secretary of state during the transition period.  A notice of
    transition shall include all of the information required by section
    45-1904, Idaho Code, and the date of the recording of the original notice
    with the county recorder.  After a notice of transition has been filed,
    the effectiveness of the notice of state lien shall lapse on the fifth
    anniversary of the date of the recording with the county recorder, unless
    the filing agency files a notice of continuation as required by section
    45-1906(4), Idaho Code.
    (c)  A notice of state lien which is first filed during the transition
    period shall be fully effective during the transition period only if the
    filing agency has filed a notice with the secretary of state and recorded
    a notice with the appropriate county recorder. A notice of state lien
    which is filed with the secretary of state during the transition period,
    and which is not recorded with the county recorder, shall be fully
    effective on and after July 1, 1998, and shall be effective before that
    date against any party with actual notice after the date of filing. A
    notice of state lien which is recorded with a county recorder during the
    transition period, but not filed with the secretary of state, shall be
    fully effective through June 30, 1998. A notice of state lien first filed
    during the transition period shall lapse on the fifth anniversary of the
    date of filing with the secretary of state, unless the filing agency files
    a notice of continuation as required by section 45-1906(4), Idaho Code.
    (3)  The effectiveness of a notice of state lien for child support
delinquency which was recorded with a county recorder shall lapse on July 1,
1998, unless a notice of transition is filed with the secretary of state on or
before July 1, 1998.  If a notice of transition is filed, the notice of state
lien will remain effective until a notice of release is filed pursuant to
section 45-1908(2), Idaho Code.
    (4)  Notwithstanding the provisions of section 45-1905, Idaho Code, a
state lien which was perfected under a prior law and transitioned to
perfection under this chapter without a break in perfection, shall have
priority as if it had been filed under this chapter on the date of its
original perfection under the prior law.