N.Y. Executive Law § 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.