SDCL § 34A-9-3: Actions not subject to chapter.

As used in this chapter, the term, actions, does not include:

(1) Enforcement proceedings or the exercise of prosecutorial discretion in determining whether or not to institute such proceedings;

(2) Actions of a ministerial nature, involving no exercise of discretion;

(3) Emergency actions responding to an immediate threat to public health or safety;

(4) Proposals for legislation; or

(5) Actions of an environmentally protective regulatory nature.

Source: SL 1974, ch 245, § 1 (3); SDCL Supp, § 11-1A-3; SL 2011, ch 165, § 133.