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19-1820 Amending City Code 3-1-2(A) Criminal Records Check AUTHORIZATION OF FBI NATIONAL CRIMINAL H ISTORY RECORDS CHECKS PAGE 1 OF 2 CITY OF MERIDIAN ORDINANCE NO. 19-1820 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 3-1-2(A), REGARDING AUTHORIZATION OF FBI NATIONAL CRIMINAL HISTORY RECORDS CHECKS FOR VEHICLE IMMOBILIZATION LICENSE APPLICANTS; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to ordinance, the City of Meridian requires fingerprinting of applicants or licensees as a condition of issuing certain City licenses, and is therefore authorized by Idaho Code section 67-3008 to submit fingerprints to the Idaho State Police (“ISP”)’s Bureau of Criminal Identification for examination, and pursuant to Idaho Code section 67-3008 and Public Law 92-544 to further submit fingerprints, if necessary, through ISP, to the Federal Bureau of Investigation for examination; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 3, Chapter 1, Section 2, Meridian City Code, shall be amended as follows: 3-1-2: AUTHORIZATION OF FBI NATIONAL CRIMINAL HISTORY RECORDS CHECKS: A. Determine suitability of applicant. In order to determine an applicant’s suitability for the following licenses, the City Clerk, and/or City Clerk’s designee, shall require the applicant to, and the applicant shall, furnish to the Idaho State Police a full set of fingerprints: 1. Mobile sales unit license; 2. Pawnbroker license; 3. Pawnbroker license with precious metal endorsement; and 4. Precious metal dealer license.; and 5. Vehicle immobilization license. The City Clerk and/or designee shall have the Idaho State Police or the Federal Bureau of Investigation perform a criminal background investigation. B. Applicant consent required. The City Clerk, and/or City Clerk’s designee, shall obtain the written consent of the applicant for the criminal background investigation and if the applicant does not execute the consent, the application shall be denied. C. Authorization of FBI National Criminal History Records Checks. The City Clerk, and/or City Clerk’s designee, shall require an applicant for a City license to provide information and fingerprints necessary to obtain criminal history information from the Idaho State Police and the Federal Bureau of Investigation. Pursuant to section 67-3008, Idaho Code, and congressional enactment Public Law 92-544, the City Clerk and/or City Clerk’s designee, may require the applicant to submit a set of fingerprints for a City license and the required fees to the Idaho State Police, Bureau of Criminal Identification, for a criminal records check of state and national databases. The submission of fingerprints and information required by this section shall be on forms prescribed by the Idaho State Police. The Meridian Police Department is authorized to receive criminal history information from the Idaho State Police and from the Federal Bureau of Meridian City Council Meeting Agenda April 2, 2019 – Page 393 of 395 Investigation for the purpose of evaluating the fitness of applicants for City license, and the Meridian Police Department shall recommend approval and/or denial of the application based on this information and relay that recommendation to the City Clerk's Office. As required by state and federal law, further dissemination or other use of the criminal history information is prohibited. D. No amendment without FBI approval. This section shall not be amended without prior written approval from the Federal Bureau of Investigation. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby void. Section 3. That this ordinance shall be effective immediately upon its passage and publication. J PASSED by the City Council of the City of Meridian, Idaho, this 2! day of k, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, thisV day of 52019. APPROVED: Tam—m--"e -Weer-EI, ayor P�RATEDgIi AT T: CGS, � �Vr Co y Clerk IDIgN W 4 h SOhY15CXn �O AUTHORIZATION OF FBI NATIONAL CRIMINAL HISTORY RECORDS CHECKS PAGE 2 OF 2 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1820 An ordinance amending Meridian City Code section 3-1-2, regarding authorization of FBI national criminal history records checks for vehicle immobilization license applicants; adopting a savings clause; and providing an effective date. A full text of this ordinance is available for inspection at Meridian City Hall, 33 E. Broadway Avenue, Meridian, Idaho. This ordinance shall be effective upon its passage and publication. First Reading: ()�A -02- - 2-0 1 � Adopted after first reading by suspension of the rule t as allowed pursuant to Idaho Code City o Merl ian § 50-902: YES NO Mayor and City Council Second Reading: i#: C.Jay Coles, City Clerk Third Reading: by ris Sah ATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1820 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed this summary, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of '2019. William L.M. Nary, City Attorney AUTHORIZATION OF FBI NATIONAL CRIMINAL HISTORY RECORDS CHECKS PAGE 3 OF 2 351462 1887222 1 MERIDIAN, CITY OF 33 E. BROADWAY AVENUE MERIDIAN ID 83642 AFFIDAVIT OF PUBLICATION STATE OF IDAHO ) )SS. County of Ada ) Sharon Jessen of Nampa, Canyon County, Idaho, being first duly sworn, deposes and says: 1. That I am a citizen of the United States, and at all times hereinafter mentioned was over the age of eighteen years, and not a party to the above entitled action. 2. That I am the Principle Clerk of the Meridian Press, a weekly newspaper published in the City of Meridian, in the County of Ada, State of Idaho; that the said newspaper is in general circulation in the said County of Ada, and in the vicinity of Meridian, and has been uninterruptedly published in said County during a period of seventy-eight consecutive weeks prior to the first publication of this notice, a copy of which is hereto attached. 3. That the notice, of which the annexed is a printed copy, was published in said newspaper 1 time(s) in the regular and entire issue of said paper, and was printed in the newspaper proper, and not in a supplement. That said notice was published the following; 04/12/2019 24 TATE OFDHO County of Canyon) On this 12th day of April in the year of 2019 before me a Notary Public, personally appeared. Sharon Jessen, known or identified to me to be the person whose name is subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledge to me that he/she exec e same. Notary Public for I o , Residing at Canyon County <��� EN R. lV/'�c' My Commission expires 06/28/2023 cv: �01ARY PUB00 .. mr