Compendium of Budget Information for the 2010 General Session

Executive Offices & Criminal Justice
Appropriations Subcommittee
Subcommittee Table of Contents

Agency: Attorney General

Line Item: Attorney General

Function

The Attorney General Line Item is the single largest line item within the agency. It contains approximately ninety percent of the A.G.'s budget, representing the major divisions and programs. More detail about each program is provided below.

Intent Language

    Under Section 63J-1-401 and 63J-1-402 of the Utah Code, the Legislature intends that any remaining funds shall not lapse at the close of fiscal year 2009.

    The Legislature intends that the Attorney General's Office may expand its fleet by five vehicles for the multiagency strike force required by First Substitute House Bill 64.

    All General Funds appropriated to the Attorney General are contingent upon expenditures from Federal Funds - American Recovery and Reinvestment Act (H.R. 1, 111th United States Congress) not exceeding amounts appropriated from Federal Funds - American Recovery and Reinvestment Act in all appropriation bills passed for FY 2009. If expenditures in the Attorney General from Federal Funds - American Recovery and Reinvestment Act exceed amounts appropriated to the Attorney General from Federal Funds - American Recovery and Reinvestment Act in FY 2009, the Division of Finance shall reduce the General Fund allocations to the Attorney General by one dollar for every one dollar in Federal Funds - American Recovery and Reinvestment Act expenditures that exceed Federal Funds - American Recovery and Reinvestment Act appropriations.

Funding Detail

Sources of Finance
2006
Actual
2007
Actual
2008
Actual
2009
Actual
2010
Approp
General Fund $18,202,400 $20,721,700 $25,281,450 $24,531,050 $23,135,750
General Fund, One-time $30,000 $1,997,800 $1,040,000 $312,600 $2,644,000
Federal Funds $1,396,300 $1,602,200 $1,477,600 $1,304,000 $1,366,500
Dedicated Credits Revenue $15,291,100 $16,040,000 $16,730,800 $18,013,300 $17,669,800
GFR - Tobacco Settlement $100,000 $275,200 $275,200 $275,200 $275,300
Attorney General Litigation Fund $262,400 $279,800 $321,700 $335,400 $335,300
Transfers - Commission on Criminal and Juvenile Justice $0 $144,600 $123,900 $83,000 $51,500
Transfers - Federal $45,000 $0 $395,000 $322,300 $0
Transfers - Other Agencies $475,600 $303,000 $58,200 $59,900 $443,100
Beginning Nonlapsing $220,300 $1,200 $1,543,000 $2,647,400 $35,000
Closing Nonlapsing ($1,200) ($1,543,000) ($2,647,500) ($1,017,000) $0
Total
$36,021,900
$39,822,500
$44,599,350
$46,867,150
$45,956,250
 
Programs:
2006
Actual
2007
Actual
2008
Actual
2009
Actual
2010
Approp
Administration $3,329,600 $3,876,500 $4,502,900 $4,204,200 $4,688,900
Anti-Trust Prosecution $252,200 $266,400 $305,700 $0 $0
Child Protection $5,468,800 $5,832,500 $6,340,100 $7,297,700 $6,839,200
Children's Justice $816,100 $1,028,700 $1,204,800 $1,248,500 $1,253,100
Criminal Prosecution $9,621,200 $11,345,400 $12,677,150 $14,334,400 $16,595,700
Civil $16,340,700 $17,266,300 $19,366,200 $19,782,350 $16,579,350
Water Rights Adjudication $193,300 $206,700 $202,500 $0 $0
Total
$36,021,900
$39,822,500
$44,599,350
$46,867,150
$45,956,250
 
Categories of Expenditure
2006
Actual
2007
Actual
2008
Actual
2009
Actual
2010
Approp
Personnel Services $32,456,600 $35,575,800 $39,749,450 $42,396,850 $41,317,200
In-state Travel $117,900 $128,600 $158,200 $102,900 $167,200
Out-of-state Travel $142,900 $118,200 $116,500 $97,300 $120,700
Current Expense $2,560,500 $2,840,500 $3,031,300 $3,025,000 $2,844,550
DP Current Expense $394,000 $417,400 $961,600 $450,500 $615,500
DP Capital Outlay $0 $10,300 $70,000 $107,200 $0
Capital Outlay $0 $0 $20,600 $0 $10,300
Other Charges/Pass Thru $350,000 $639,000 $491,700 $687,400 $880,800
Transfers $0 $92,700 $0 $0 $0
Total
$36,021,900
$39,822,500
$44,599,350
$46,867,150
$45,956,250
 
Other Indicators
2006
Actual
2007
Actual
2008
Actual
2009
Actual
2010
Approp
Budgeted FTE 401.5 394.7 400.0 410.0 424.1
Vehicles 40 43 43 47 44






Subcommittee Table of Contents

Program: Administration

Function

The Administration program provides executive oversight, management, and administrative support functions for the entire Attorney General's Office. Administrative support functions include accounting, information technology, human resource, grants management, procurement, facility and motor pool support, and other functions, allowing other programs to focus on their core services.

Funding Detail

Sources of Finance
2006
Actual
2007
Actual
2008
Actual
2009
Actual
2010
Approp
General Fund $2,525,100 $3,157,200 $4,426,100 $3,323,000 $4,348,900
General Fund, One-time $0 $542,100 $240,000 ($613,900) $240,000
Federal Funds $3,400 $0 $0 $0 $0
Dedicated Credits Revenue $582,000 $794,700 $95,200 $849,700 $100,000
Transfers - Commission on Criminal and Juvenile Justice $0 $0 $50,000 $0 $0
Beginning Nonlapsing $220,300 $1,200 $363,700 $909,600 $0
Closing Nonlapsing ($1,200) ($618,700) ($672,100) ($264,200) $0
Total
$3,329,600
$3,876,500
$4,502,900
$4,204,200
$4,688,900
 
Categories of Expenditure
2006
Actual
2007
Actual
2008
Actual
2009
Actual
2010
Approp
Personnel Services $2,089,500 $2,098,500 $2,412,800 $2,579,700 $2,651,200
In-state Travel $7,500 $9,600 $13,600 $7,700 $20,200
Out-of-state Travel $26,000 $15,700 $19,100 $26,200 $21,500
Current Expense $928,300 $1,259,500 $1,053,600 $1,205,900 $1,253,100
DP Current Expense $278,300 $281,600 $713,800 $307,500 $477,100
DP Capital Outlay $0 $10,300 $0 $77,200 $0
Other Charges/Pass Thru $0 $201,300 $290,000 $0 $265,800
Total
$3,329,600
$3,876,500
$4,502,900
$4,204,200
$4,688,900
 
Other Indicators
2006
Actual
2007
Actual
2008
Actual
2009
Actual
2010
Approp
Budgeted FTE 29.8 25.7 28.0 27.5 30.0
Vehicles 8 8 8 8 8






Subcommittee Table of Contents

Program: Anti-Trust Prosecution

Function

The Antitrust Act allows the Attorney General to pursue antitrust cases. During the 2002 General Session, the Legislature transferred the funds from the Antitrust Revolving Account to the Attorney General Litigation Fund. Funds in this account are restricted for use in investigation and prosecution of antitrust litigation.

The Attorney General's Office is folding this program into the Criminal Prosecution program within this same line item. Note in the funding table below that appropriations from the Attorney General Litigation Fund cease after FY 2008. Appropriations from the same fund to the Criminal Prosecution program (see two pages ahead) increase by a like amount.

Funding Detail

Sources of Finance
2006
Actual
2007
Actual
2008
Actual
2009
Actual
2010
Approp
Attorney General Litigation Fund $252,200 $266,400 $305,700 $0 $0
Total
$252,200
$266,400
$305,700
$0
$0
 
Categories of Expenditure
2006
Actual
2007
Actual
2008
Actual
2009
Actual
2010
Approp
Personnel Services $238,500 $259,300 $296,200 $0 $0
In-state Travel $0 $0 $500 $0 $0
Out-of-state Travel $1,900 $2,700 $4,000 $0 $0
Current Expense $9,200 $4,400 $5,000 $0 $0
DP Current Expense $2,600 $0 $0 $0 $0
Total
$252,200
$266,400
$305,700
$0
$0
 
Other Indicators
2006
Actual
2007
Actual
2008
Actual
2009
Actual
2010
Approp
Budgeted FTE 3.0 2.1 2.0 0.0 0.0






Subcommittee Table of Contents

Program: Child Protection

Function

The Child Protection Division represents the Division of Child and Family Services (DCFS) in court and administrative proceedings regarding child abuse, neglect, and substance dependency. It helps ensure that abused and neglected children are placed in safe living environments. It also advises case workers and represents the Department of Human Services with respect to licensure of child care centers and residential treatment centers.

Background

The Child Protection Division of the Attorney General's office is the result of the passage of the Child Welfare Reform Act in the 1994 General Session.

Funding Detail

Sources of Finance
2006
Actual
2007
Actual
2008
Actual
2009
Actual
2010
Approp
General Fund $3,694,300 $3,671,100 $4,773,800 $5,669,500 $5,950,200
General Fund, One-time $30,000 $863,300 $400,000 $0 $0
Dedicated Credits Revenue $1,744,500 $1,298,100 $1,166,300 $1,260,200 $889,000
Beginning Nonlapsing $0 $0 $0 $400,000 $0
Closing Nonlapsing $0 $0 $0 ($32,000) $0
Total
$5,468,800
$5,832,500
$6,340,100
$7,297,700
$6,839,200
 
Categories of Expenditure
2006
Actual
2007
Actual
2008
Actual
2009
Actual
2010
Approp
Personnel Services $4,893,500 $5,232,600 $5,772,400 $6,225,000 $6,267,100
In-state Travel $34,700 $33,800 $46,100 $26,400 $46,100
Out-of-state Travel $4,300 $4,100 $1,900 $500 $1,900
Current Expense $512,100 $533,500 $486,300 $484,600 $490,700
DP Current Expense $24,200 $28,500 $33,400 $24,100 $33,400
Other Charges/Pass Thru $0 $0 $0 $537,100 $0
Total
$5,468,800
$5,832,500
$6,340,100
$7,297,700
$6,839,200
 
Other Indicators
2006
Actual
2007
Actual
2008
Actual
2009
Actual
2010
Approp
Budgeted FTE 62.9 62.5 63.0 65.5 65.8
Vehicles 5 5 5 5 5






Subcommittee Table of Contents

Program: Children's Justice

Function

The Children's Justice division provides local prosecutors and investigators with expertise and training in child abuse prosecution. Attorneys in this program often act as co-counsel with local prosecutors on complex and multi-jurisdictional child abuse cases.

The division also prosecutes criminal non-support cases and provides legal assistance and training against elder abuse and domestic violence.

The division is also responsible for coordination of the Children's Justice Centers system (funding for the centers is budgeted in a separate line item), and provides support staff for the State Advisory Board on Children's Justice.

Funding Detail

Sources of Finance
2006
Actual
2007
Actual
2008
Actual
2009
Actual
2010
Approp
General Fund $614,600 $790,500 $955,900 $987,000 $993,900
General Fund, One-time $0 ($2,800) $0 $0 $0
Dedicated Credits Revenue $201,500 $241,000 $248,900 $261,500 $259,200
Beginning Nonlapsing $0 $0 $400,000 $0 $0
Closing Nonlapsing $0 $0 ($400,000) $0 $0
Total
$816,100
$1,028,700
$1,204,800
$1,248,500
$1,253,100
 
Categories of Expenditure
2006
Actual
2007
Actual
2008
Actual
2009
Actual
2010
Approp
Personnel Services $767,800 $989,000 $1,153,000 $1,167,100 $1,211,000
In-state Travel $4,400 $3,100 $5,300 $4,700 $5,300
Out-of-state Travel $1,900 $1,700 $1,600 $2,500 $1,600
Current Expense $40,600 $25,600 $30,800 $64,100 $31,400
DP Current Expense $1,400 $1,200 $3,800 $1,200 $3,800
Capital Outlay $0 $0 $10,300 $0 $0
Other Charges/Pass Thru $0 $8,100 $0 $8,900 $0
Total
$816,100
$1,028,700
$1,204,800
$1,248,500
$1,253,100
 
Other Indicators
2006
Actual
2007
Actual
2008
Actual
2009
Actual
2010
Approp
Budgeted FTE 10.2 11.1 12.0 11.3 12.5






Subcommittee Table of Contents

Program: Criminal Prosecution

Function

The Criminal Prosecution Program consists of five divisions of the Attorney General's Office: Criminal Justice, Investigations, Commercial Enforcement, Child and Family Support, and Criminal Appeals.

Criminal Justice conducts criminal prosecutions, particularly homicide and public corruption cases, prosecutes crimes when county attorneys disqualify, and assists county attorneys with major cases. It includes prosecutors who specialize in insurance fraud, Medicaid fraud, tax fraud, and criminal non-support.

Investigations provides investigative services in support of all divisions of the Attorney General's Office. In addition, this division operates several law enforcement projects aimed at catching criminals involved in Internet fraud, crimes against children, Medicaid fraud, ID theft and mortgage fraud. The division also works extensively with local law enforcement agencies to coordinate statewide efforts.

Commercial Enforcement represents most of the divisions of the Department of Commerce, including the divisions of Occupational and Professional licensing, Real Estate, Securities, Corporations, and Consumer Protection. It also enforces antitrust laws and prosecutes white collar crimes, including financial crimes and money laudering.

Child and Family Support serves as legal counsel to the Office of Recovery Services (ORS). It directly helps children by assisting in establishing paternity, determining child support obligations, and enforcing child support orders.

Criminal Appeals handles all appeals arising from felony prosecutions and juvenile deliniquency. It appeals adverse trial court rulings, and it responds to state post-conviction writs and federal habeas corpus petitions challenging state convictions, including death sentences.

Funding Detail

Sources of Finance
2006
Actual
2007
Actual
2008
Actual
2009
Actual
2010
Approp
General Fund $5,758,500 $7,696,600 $9,041,050 $5,633,100 $8,655,000
General Fund, One-time $0 $3,600 $400,000 $0 $0
Federal Funds $1,392,900 $1,602,200 $1,477,600 $1,304,000 $1,366,500
Dedicated Credits Revenue $1,939,000 $2,232,000 $2,199,500 $5,731,600 $5,709,300
Attorney General Litigation Fund $10,200 $13,400 $16,000 $335,400 $335,300
Transfers - Commission on Criminal and Juvenile Justice $0 $144,600 $73,900 $83,000 $51,500
Transfers - Federal $45,000 $0 $395,000 $322,300 $0
Transfers - Other Agencies $475,600 $303,000 $58,200 $59,900 $443,100
Beginning Nonlapsing $0 $0 $505,000 $1,251,500 $35,000
Closing Nonlapsing $0 ($650,000) ($1,489,100) ($386,400) $0
Total
$9,621,200
$11,345,400
$12,677,150
$14,334,400
$16,595,700
 
Categories of Expenditure
2006
Actual
2007
Actual
2008
Actual
2009
Actual
2010
Approp
Personnel Services $8,376,000 $10,009,300 $11,215,350 $13,192,600 $14,986,900
In-state Travel $32,400 $38,400 $36,900 $42,700 $78,100
Out-of-state Travel $67,100 $55,900 $57,200 $47,500 $74,300
Current Expense $739,100 $661,300 $915,300 $772,100 $758,800
DP Current Expense $56,600 $58,200 $170,400 $108,100 $72,300
DP Capital Outlay $0 $0 $70,000 $30,000 $0
Capital Outlay $0 $0 $10,300 $0 $10,300
Other Charges/Pass Thru $350,000 $429,600 $201,700 $141,400 $615,000
Transfers $0 $92,700 $0 $0 $0
Total
$9,621,200
$11,345,400
$12,677,150
$14,334,400
$16,595,700
 
Other Indicators
2006
Actual
2007
Actual
2008
Actual
2009
Actual
2010
Approp
Budgeted FTE 106.0 107.6 107.0 133.2 155.5
Vehicles 25 28 28 32 29






Subcommittee Table of Contents

Program: Civil

Function

There are seven divisions within the Civil Program: State Agency Counsel, Education, Civil Appeals, Natural Resources, Litigation, Tax and Revenue, and Environment. The functions of program involve advising state agencies and defending these agencies against pending litigation.

State Agency Counsel provides legal advice and representation to several state agencies, and responds to public complaints regarding local public officials, open meetings, governmental records access, land use planning, and conflicts of interest.

Education provides legal counsel to the State Board of Regents, the institutions of higher education, the Higher Education Assistance Authority's (UHEAA) student loan programs, and the State Board of Education and the entities it oversees. It also assists in collecting delinquent accounts for the University of Utah hospital, UHEAA, and the Office of State Debt Collection. This division is also responsible for providing representation and legal assistance to the Department of Health.

Civil Appeals handles most civil appeals for the office, providing centralized efforts and increased quality control for civil appeals from various divisions of the Attorney General's Office.

Natural Resources serves as legal counsel to the Department of Natural Resources. It also represents the state in matters of Indian law. This division also represents the state in water rights adjudication cases in state courts, to ensure more certainty about future water usage throughout the state.

Litigation defends civil suits for money damages covered by the state's Risk Management Fund, including claims brought against state agencies, school districts, and institutions of higher education. It also serves as agency counsel for the State Division of Risk Management.

Tax and Revenue provides legal support to the Tax Commission, Insurance Department, Department of Financial Institutions, and state entities that issue bonds. It helps protect the state's monetary assets by ensuring that people pay their fair share of taxes and that Utahns have the insurance coverage and protection of financial deposits they expect.

Environment provides legal support to the Department of Environmental Quality (DEQ) on such issues as air quality, hazardous waste treatment and disposal, leaking underground storage tanks, water protection, and radiation. It prosecutes environmental crimes in coordination with local and federal law enforcement officials.

Funding Detail

Sources of Finance
2006
Actual
2007
Actual
2008
Actual
2009
Actual
2010
Approp
General Fund $5,605,900 $5,404,300 $6,084,600 $8,918,450 $3,187,750
General Fund, One-time $0 $591,600 $0 $926,500 $2,404,000
Dedicated Credits Revenue $10,634,800 $11,269,500 $12,818,400 $9,910,300 $10,712,300
GFR - Tobacco Settlement $100,000 $275,200 $275,200 $275,200 $275,300
Beginning Nonlapsing $0 $0 $274,300 $86,300 $0
Closing Nonlapsing $0 ($274,300) ($86,300) ($334,400) $0
Total
$16,340,700
$17,266,300
$19,366,200
$19,782,350
$16,579,350
 
Categories of Expenditure
2006
Actual
2007
Actual
2008
Actual
2009
Actual
2010
Approp
Personnel Services $15,900,600 $16,781,600 $18,698,700 $19,232,450 $16,201,000
In-state Travel $38,900 $43,700 $55,700 $21,400 $17,500
Out-of-state Travel $40,300 $37,800 $32,300 $20,600 $21,400
Current Expense $330,000 $355,300 $539,300 $498,300 $310,550
DP Current Expense $30,900 $47,900 $40,200 $9,600 $28,900
Total
$16,340,700
$17,266,300
$19,366,200
$19,782,350
$16,579,350
 
Other Indicators
2006
Actual
2007
Actual
2008
Actual
2009
Actual
2010
Approp
Budgeted FTE 187.7 183.8 186.0 172.6 160.3
Vehicles 2 2 2 2 2






Subcommittee Table of Contents

Program: Water Rights Adjudication

Function

The Attorney General's Office is folding the budget for this program into the Civil program, Natural Resources division.

Funding Detail

Sources of Finance
2006
Actual
2007
Actual
2008
Actual
2009
Actual
2010
Approp
General Fund $4,000 $2,000 $0 $0 $0
Dedicated Credits Revenue $189,300 $204,700 $202,500 $0 $0
Total
$193,300
$206,700
$202,500
$0
$0
 
Categories of Expenditure
2006
Actual
2007
Actual
2008
Actual
2009
Actual
2010
Approp
Personnel Services $190,700 $205,500 $201,000 $0 $0
In-state Travel $0 $0 $100 $0 $0
Out-of-state Travel $1,400 $300 $400 $0 $0
Current Expense $1,200 $900 $1,000 $0 $0
Total
$193,300
$206,700
$202,500
$0
$0
 
Other Indicators
2006
Actual
2007
Actual
2008
Actual
2009
Actual
2010
Approp
Budgeted FTE 2.0 2.0 2.0 0.0 0.0






Subcommittee Table of Contents