Actions not subject to chapter.

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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.


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