Section 146. Publication of certain public notices  


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  • 1. The department of
      state shall publish, pursuant to the schedule  in  section  one  hundred
      forty-seven  of  this  article,  a  publication to be known as the state
      register, in which shall be published 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 discretion, publish in the state
      register any notice or information which is not  otherwise  required  by
      statute  to  be  submitted to him by an agency or public corporation for
      publication in the state register, in instances where  such  publication
      will serve the public interest.
        3.  With regard to rule making notices required to be published in the
      state register pursuant to  article  two  of  the  state  administrative
      procedure  act,  the  secretary of state may, at his discretion, publish
      the complete text of a proposed or adopted rule, which is not  otherwise
      required  to be published in the state register, in instances where such
      publication will serve the public interest.
        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 in the
      state register included the complete text of the rule, the secretary  of
      state  may,  at his 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 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 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  in  the  state
      register.