§ 146 — Publication of certain public notices

§ 146. Publication of certain public notices. 1. The department of\nstate shall publish, pursuant to the schedule in section one hundred\nforty-seven of this article, and post on its internet website a\npublication to be known as the state register, in which shall be\npublished and posted from time to time as received by such department:\n (a) rules, orders, designations, and notices submitted by the chief\nadministrator of the courts;\n (b) notices and advertisements required by state statute or federal\nlaw, rule or regulation to be published by an agency in a newspaper;\n (c) notices required by statute to be published in newspapers in\nactions against foreign corporations;\n (d) notices and job impact statements required by the state\nadministrative procedure act to be published in the state register; and\n (e) any other matter required by statute to be published in the state\nregister.\n 2. The secretary of state may, at his or her discretion, publish and\npost in the state register any notice or information which is not\notherwise required by statute to be submitted to him or her by an agency\nor public corporation for publication in the state register, in\ninstances where such publication and posting will serve the public\ninterest.\n 3. With regard to rule making notices required to be published and\nposted in the state register pursuant to article two of the state\nadministrative procedure act, the secretary of state may, at his or her\ndiscretion, publish and post the complete text of a proposed or adopted\nrule, which is not otherwise required to be published and posted in the\nstate register, in instances where such publication and posting will\nserve the public interest. The secretary of state shall accept from a\nstate agency all rulemaking notices, statements and analyses as required\nby the state administrative procedure act, data, rules, and regulations\nas provided for by article three of the state technology law.\n 4. With regard to a notice of adoption published in the state register\npursuant to article two of the state administrative procedure act, for\nwhich the corresponding notice of proposed rule making published and\nposted in the state register included the complete text of the rule, the\nsecretary of state may, at his or her discretion, include only the\nchanges in such text in the notice of adoption.\n 4-a. Notice of the availability of any state or federal funding which\nis to be distributed by any agency upon application by any municipality,\nschool board, school district, not-for-profit organization or any other\nindividual or organization entitled to apply for such funding pursuant\nto any law, rule or regulation governing the distribution of such funds\nshall be published and posted in the state register. Such notice shall\nappear in the register no later than forty-five days prior to the last\nday for receipt of applications for such funding. Such notice shall not\nbe required: (i) whenever a notice has been published in the procurement\nopportunities newsletter pursuant to article four-C of the economic\ndevelopment law; (ii) for state or federal transportation funding; and\n(iii) in those instances where an entity has been specifically\ndesignated by law or legislative resolution to receive funding. Failure\nto publish the notice in a timely manner shall not be a basis for\nsetting aside an award or challenging a contract or other legal claim.\n 5. The publication and posting of notices and advertisements in the\nstate register shall be additional to their publication in newspapers,\nwhenever publication in newspapers is required by statute.\n 6. The secretary of state shall promulgate rules establishing\nprocedure, forms, font and style for submission of material by any\nperson, agency or public corporation for publication and posting in the\nstate register.\n