PIERRE — The South Dakota Legislature this week came up short of overriding Gov. Kristi Noem’s veto of a measure that would have automatically removed old pot violations from criminal background checks.
The Senate kicked off this year’s Veto Day by sustaining the governor’s veto of Senate Bill 151, which had narrowly cleared both Legislative chambers and failed to earn a two-thirds vote of support again Monday.
The bill would have required courts to expunge simple possession marijuana charges, arrests and convictions from someone’s public record if the infraction happened more than five years ago, all sentences and penalties have been fulfilled and there were no subsequent arrests.
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Senators who supported the legislation say it would put simple marijuana charges in line with other minor offenses that atomically fall off someone’s record after five years, including speeding tickets and vandalism.
But Noem and half of the Senate opposed SB 151 based on what they say are transparency concerns. And Sen. Helene Duhamel, R-Rapid City, said on the Senate floor Monday that state law already provides for a process for people with non-violent offenses on their records removed through an application process.
The vote on SB 151 was 17-17.
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