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.