ACT 17 Update
Here is Russ Saito answering the latest Act 17 questions (his answers in blue) from a contractor's email:
Has the State agencies (DAGS, DOT, DLNR, etc.) put Act 17into their bids yet? If not, then when is the anticipated date of such (I ask this in order to prepare as I will need to find a DLIR recognized program that fits and to participate in the program and this will take some time)?
Response: I have issued Comptroller’s Memorandum 2010 – 29 to serve as interim rules, effective immediately for Executive Branch departments. This includes the three departments you named. I've also shared the Comptroller’s Memorandum with all Chief Procurement Officers of the 20 State and County jurisdictions to follow on a voluntary basis. The Comptroller’s Memorandum has the same instructions as the proposed rules (Hawai‘i Administrative Rules) which have started going through the review and approval process.
There is news that HUD is advising the State to stop enforcing Act 17 and Act 68. If this is true, what will be the State’s position, and how will it affect future bidding? If the county governments/agencies are at this moment requiring that the bidders follow Act 17, would this be premature on their part?
Response: The HUD advice is only applicable to projects that receive HUD funding. The prohibition may be extended to other federally funded projects in the future but do not affect state and county projects that are funded by state and county funds. The county governments/agencies could implement Act 17 at any time after the Act's effective date, and registration of apprenticeship programs with the Department of Labor and Industrial Relations. The risk is that there would be inconsistent administration of the Act among the counties/agencies. The Comptroller's memorandum and rules which will follow, should ensure consistency in administration.