2023 New York Laws › EXC - Executive › Article 6-A - State Register › 146 - Publication of Certain Public Notices.

§ 146. Publication  of  certain  public  notices. 1. The department of
state shall publish, pursuant to the schedule  in  section  one  hundred
forty-seven  of  this  article,  and  post  on  its  internet  website a
publication to be known  as  the  state  register,  in  which  shall  be
published and posted from time to time as received by such department:
(a)  rules,  orders,  designations, and notices submitted by the chief
administrator of the courts;
(b) notices and advertisements required by state  statute  or  federal
law, rule or regulation to be published by an agency in a newspaper;
(c)  notices  required  by  statute  to  be published in newspapers in
actions against foreign corporations;
(d)  notices  and  job  impact  statements  required  by   the   state
administrative procedure act to be published in the state register; and
(e)  any other matter required by statute to be published in the state
register.
2. The secretary of state may, at his or her discretion,  publish  and
post  in  the  state  register  any  notice  or information which is not
otherwise required by statute to be submitted to him or her by an agency
or  public  corporation  for  publication  in  the  state  register,  in
instances  where  such  publication  and  posting  will serve the public
interest.
3. With regard to rule making notices required  to  be  published  and
posted  in  the  state  register  pursuant  to  article two of the state
administrative procedure act, the secretary of state may, at his or  her
discretion,  publish and post the complete text of a proposed or adopted
rule, which is not otherwise required to be published and posted in  the
state  register,  in  instances  where such publication and posting will
serve the public interest. The secretary of state shall  accept  from  a
state agency all rulemaking notices, statements and analyses as required
by  the state administrative procedure act, data, rules, and regulations
as provided for by article three of the state technology law.
4. With regard to a notice of adoption published in the state register
pursuant to article two of the state administrative procedure  act,  for
which  the  corresponding  notice  of proposed rule making published and
posted in the state register included the complete text of the rule, the
secretary of state may, at his  or  her  discretion,  include  only  the
changes in such text in the notice of adoption.
4-a.  Notice of the availability of any state or federal funding which
is to be distributed by any agency upon application by any municipality,
school board, school district, not-for-profit organization or any  other
individual  or  organization entitled to apply for such funding pursuant
to any law, rule or regulation governing the distribution of such  funds
shall  be  published and posted in the state register. Such notice shall
appear in the register no later than forty-five days prior to  the  last
day  for receipt of applications for such funding. Such notice shall not
be required: (i) whenever a notice has been published in the procurement
opportunities newsletter pursuant to  article  four-C  of  the  economic
development  law;  (ii) for state or federal transportation funding; and
(iii)  in  those  instances  where  an  entity  has  been   specifically
designated  by law or legislative resolution to receive funding. Failure
to publish the notice in a timely  manner  shall  not  be  a  basis  for
setting aside an award or challenging a contract or other legal claim.
5.  The  publication  and posting of notices and advertisements in the
state register shall be additional to their publication  in  newspapers,
whenever publication in newspapers is required by statute.
6.   The  secretary  of  state  shall  promulgate  rules  establishing
procedure, forms, font and style  for  submission  of  material  by  any

person,  agency or public corporation for publication and posting in the
state register.