South Dakota Code § 34A-9-3

Actions not subject to chapter
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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.

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