Can I collect age information from participants in South Dakota? What are the requirements?

Here is the response to your query:

In South Dakota, you can collect age information from participants, but you must make a reasonable attempt to investigate their age ^[1.1]. If you are seeking certification as a provider by the Department of Social Services, you must provide a certificate of good standing or an equivalent document from the South Dakota Secretary of State dated within one month of the statement required in subdivision (1) ^[2.1].

If you are providing services to children, a student who is enrolled in school and becomes 21 years of age during the fiscal year shall have free school privileges during the school year ^[3.1]. A child’s eligibility for special education or special education and related services continues from age 3 through completion of an approved public or nonpublic school secondary program or through age 21 ^[3.2]. Each school district shall provide special education or special education and related services for children less than three years of age who are in need of prolonged assistance ^[3.3].

However, it is illegal for any person, acting as a social host, to knowingly permit any person under the age of eighteen to illegally consume any alcoholic beverage, regardless of the source of the alcoholic beverage, on or at the premises of the person acting as social host ^[1.2]. It is also a Class 2 misdemeanor for any person under the age of twenty-one years to purchase, attempt to purchase, or possess or consume alcoholic beverages except pursuant to § 35-9-1.1 or when consumed in a religious ceremony and given to the person by an authorized person, or to misrepresent his or her age with the use of any document for the purpose of purchasing or attempting to purchase alcoholic beverages from any licensee licensed under this title ^[1.3]. No person, acting as a social host, may, knowingly, permit any person aged eighteen, nineteen, or twenty to illegally consume any alcoholic beverage, regardless of the source of the alcoholic beverage, on or at the premises of the person acting as social host ^[1.4].

Therefore, if you are collecting age information from participants for any purpose, you must make a reasonable attempt to investigate their age. However, if you are collecting age information for the purpose of providing or consuming alcoholic beverages, there are specific laws that prohibit underage consumption and misrepresentation of age.

Source(s):

• [1.1] Reasonable attempt to investigate age.
• [2.1] Enrollment requirements for providers.
• [3.1] Services to children age twenty-one.
• [1.2] Social host prohibited from permitting consumption of alcoholic beverages by person under age eighteen–Misdemeanor.
• [1.3] Purchase, possession, or consumption of beverage by person under twenty-one years prohibited–Exception–Misrepresentation of age–Violation as misdemeanor.
• [3.2] Services to children age three to twenty-one, inclusive.
• [1.4] Social host prohibited from permitting consumption of alcoholic beverages by person age eighteen, nineteen, or twenty–Misdemeanor.
• [3.3] Services for children less than three years of age.

Jurisdiction

South Dakota

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