Compendium of Budget Information for the 2012 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-1-603 of the Utah Code, the Legislature intends that appropriations provided for the Attorney General in Item 8 of Chapter 2 Laws of Utah 2010 not lapse at the close of Fiscal Year 2011.

    The Legislature intends that agencies maximize budgets by examining expiring leases and contracts and explore all possibilities in doing so including re-negotiating for lower lease and contract rates, planning and allowing leases to expire and moving to locations with lower costs, purchasing instead of leasing a facility, and more.

    The Legislature intends that the Attorney General may accept funding from the United States Social Security Administration to fund cooperative investigations into fraud committed by persons, including illegal aliens, receiving or attempting to receive financial benefits to which such persons are not entitled under state or federal law. The Legislature further intends that the Attorney General submit the actual grant information as required under UCA 63J Chapter 5.

    The Legislature intends that the Attorney General may increase the office fleet by two vehicles with funding from the United States Social Security Administration.

    All General Funds appropriated to the Attorney General line item 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 appropriations bills passed for FY 2011. If expenditures in the Attorney General line item exceed amounts appropriated to the Attorney General line item from Federal Funds - American Recovery and Reinvestment Act in FY 2011, the Division of Finance shall reduce the General Fund allocations to the Attorney General line item 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.

    All General Funds appropriated to the Attorney General line item 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 appropriations bills passed for FY 2012. If expenditures in the Attorney General line item exceed amounts appropriated to the Attorney General line item from Federal Funds - American Recovery and Reinvestment Act in FY 2012, the Division of Finance shall reduce the General Fund allocations to the Attorney General line item 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.

Special Funds

AG Restricted

Funding Detail

Sources of Finance
2008
Actual
2009
Actual
2010
Actual
2011
Actual
2012
Approp
General Fund $25,281,450 $24,531,050 $23,135,750 $25,043,850 $24,366,350
General Fund, One-time $1,040,000 $312,600 $1,838,400 $0 $550,000
Federal Funds $1,477,600 $1,304,000 $1,474,200 $2,140,300 $1,285,400
American Recovery and Reinvestment Act $0 $0 $397,400 $0 $560,800
Dedicated Credits Revenue $16,730,800 $18,013,300 $18,360,200 $17,919,400 $17,359,200
GFR - Constitutional Defense $0 $0 $0 $0 $350,000
GFR - Tobacco Settlement $275,200 $275,200 $274,300 $276,100 $276,300
Attorney General Litigation Fund $321,700 $335,400 $332,900 $336,500 $336,900
Transfers - Commission on Criminal and Juvenile Justice $123,900 $83,000 $711,100 $701,500 $586,100
Transfers - Federal $395,000 $322,300 $314,600 $367,100 $320,900
Transfers - Other Agencies $58,200 $59,900 $59,300 $60,000 $59,900
Beginning Nonlapsing $1,543,000 $2,647,400 $1,017,000 $2,820,600 $1,582,900
Closing Nonlapsing ($2,647,500) ($1,017,000) ($2,820,600) ($3,938,800) ($513,700)
Lapsing Balance $0 $0 ($2,100) $0 $0
Total
$44,599,350
$46,867,150
$45,092,450
$45,726,550
$47,121,050
 
Programs:
2008
Actual
2009
Actual
2010
Actual
2011
Actual
2012
Approp
Administration $4,502,900 $4,204,200 $3,860,900 $3,874,550 $4,165,100
Anti-Trust Prosecution $305,700 $0 $0 $0 $0
Child Protection $6,340,100 $7,297,700 $7,115,250 $7,383,900 $7,437,300
Children's Justice $1,204,800 $1,248,500 $1,069,700 $1,137,600 $1,167,700
Criminal Prosecution $12,677,150 $14,334,400 $14,340,400 $14,592,600 $16,787,300
Civil $19,366,200 $19,782,350 $18,706,200 $18,737,900 $17,563,650
Water Rights Adjudication $202,500 $0 $0 $0 $0
Total
$44,599,350
$46,867,150
$45,092,450
$45,726,550
$47,121,050
 
Categories of Expenditure
2008
Actual
2009
Actual
2010
Actual
2011
Actual
2012
Approp
Personnel Services $39,749,450 $42,396,850 $40,712,600 $41,107,400 $41,847,950
In-state Travel $158,200 $102,900 $83,800 $97,000 $153,700
Out-of-state Travel $116,500 $97,300 $69,600 $99,400 $68,600
Current Expense $3,031,300 $3,025,000 $2,718,300 $2,818,450 $3,088,000
DP Current Expense $961,600 $450,500 $505,200 $744,000 $744,700
DP Capital Outlay $70,000 $107,200 $7,500 $0 $7,500
Capital Outlay $20,600 $0 $273,800 $49,300 $200,600
Other Charges/Pass Thru $491,700 $687,400 $683,450 $811,000 $1,010,000
Transfers $0 $0 $38,200 $0 $0
Total
$44,599,350
$46,867,150
$45,092,450
$45,726,550
$47,121,050
 
Other Indicators
2008
Actual
2009
Actual
2010
Actual
2011
Actual
2012
Approp
Budgeted FTE 412.8 418.0 424.1 400.0 405.5
Actual FTE 399.7 410.0 397.4 398.9 0.0
Vehicles 43 47 50 50 50






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
2008
Actual
2009
Actual
2010
Actual
2011
Actual
2012
Approp
General Fund $4,426,100 $3,323,000 $4,562,100 $3,935,650 $3,442,000
General Fund, One-time $240,000 ($613,900) $222,800 $0 $200,000
Dedicated Credits Revenue $95,200 $849,700 $942,400 $1,068,400 $523,100
Transfers - Commission on Criminal and Juvenile Justice $50,000 $0 $0 $0 $0
Beginning Nonlapsing $363,700 $909,600 $347,500 $67,100 $0
Closing Nonlapsing ($672,100) ($264,200) ($2,213,900) ($1,196,600) $0
Total
$4,502,900
$4,204,200
$3,860,900
$3,874,550
$4,165,100
 
Categories of Expenditure
2008
Actual
2009
Actual
2010
Actual
2011
Actual
2012
Approp
Personnel Services $2,412,800 $2,579,700 $2,398,300 $2,453,700 $2,423,100
In-state Travel $13,600 $7,700 $7,700 $6,800 $7,700
Out-of-state Travel $19,100 $26,200 $17,400 $35,000 $17,400
Current Expense $1,053,600 $1,205,900 $1,002,600 $1,024,250 $999,100
DP Current Expense $713,800 $307,500 $364,600 $354,800 $647,500
DP Capital Outlay $0 $77,200 $0 $0 $0
Capital Outlay $0 $0 $47,500 $0 $47,500
Other Charges/Pass Thru $290,000 $0 $22,800 $0 $22,800
Total
$4,502,900
$4,204,200
$3,860,900
$3,874,550
$4,165,100
 
Other Indicators
2008
Actual
2009
Actual
2010
Actual
2011
Actual
2012
Approp
Budgeted FTE 29.0 29.0 30.0 27.0 27.5
Actual FTE 27.7 27.5 25.5 26.2 0.0
Vehicles 8 8 9 8 9






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.

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 and resume in the Criminal Prosecution program. (For more information on the Attorney General Litigation Fund, see the Criminal Prosecution Program below.)

Funding Detail

Sources of Finance
2008
Actual
2009
Actual
2010
Actual
2011
Actual
2012
Approp
Attorney General Litigation Fund $305,700 $0 $0 $0 $0
Total
$305,700
$0
$0
$0
$0
 
Categories of Expenditure
2008
Actual
2009
Actual
2010
Actual
2011
Actual
2012
Approp
Personnel Services $296,200 $0 $0 $0 $0
In-state Travel $500 $0 $0 $0 $0
Out-of-state Travel $4,000 $0 $0 $0 $0
Current Expense $5,000 $0 $0 $0 $0
Total
$305,700
$0
$0
$0
$0
 
Other Indicators
2008
Actual
2009
Actual
2010
Actual
2011
Actual
2012
Approp
Budgeted FTE 2.0 2.5 0.0 0.0 0.0
Actual FTE 2.0 0.0 0.0 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.

Performance

total number of juvenile court cases

Funding Detail

Sources of Finance
2008
Actual
2009
Actual
2010
Actual
2011
Actual
2012
Approp
General Fund $4,773,800 $5,669,500 $5,756,350 $6,107,200 $6,174,700
General Fund, One-time $400,000 $0 ($37,500) $0 $0
Dedicated Credits Revenue $1,166,300 $1,260,200 $1,427,000 $1,265,100 $1,262,600
Beginning Nonlapsing $0 $400,000 $32,000 $55,100 $0
Closing Nonlapsing $0 ($32,000) ($62,600) ($43,500) $0
Total
$6,340,100
$7,297,700
$7,115,250
$7,383,900
$7,437,300
 
Categories of Expenditure
2008
Actual
2009
Actual
2010
Actual
2011
Actual
2012
Approp
Personnel Services $5,772,400 $6,225,000 $6,060,400 $6,208,900 $6,272,500
In-state Travel $46,100 $26,400 $15,200 $18,600 $15,200
Out-of-state Travel $1,900 $500 $200 $2,500 $200
Current Expense $486,300 $484,600 $531,900 $559,100 $561,400
DP Current Expense $33,400 $24,100 $16,600 $30,100 $16,600
Capital Outlay $0 $0 $37,400 $19,100 $37,400
Other Charges/Pass Thru $0 $537,100 $453,550 $545,600 $534,000
Total
$6,340,100
$7,297,700
$7,115,250
$7,383,900
$7,437,300
 
Other Indicators
2008
Actual
2009
Actual
2010
Actual
2011
Actual
2012
Approp
Budgeted FTE 63.8 65.3 65.8 66.2 66.8
Actual FTE 62.9 65.5 64.4 65.5 0.0
Vehicles 5 5 4 5 4






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.

Performance

active prosecution cases

ICAC Stats

Funding Detail

Sources of Finance
2008
Actual
2009
Actual
2010
Actual
2011
Actual
2012
Approp
General Fund $955,900 $987,000 $819,500 $876,500 $907,100
General Fund, One-time $0 $0 ($7,600) $0 $0
Dedicated Credits Revenue $248,900 $261,500 $257,800 $261,100 $260,600
Beginning Nonlapsing $400,000 $0 $0 $0 $0
Closing Nonlapsing ($400,000) $0 $0 $0 $0
Total
$1,204,800
$1,248,500
$1,069,700
$1,137,600
$1,167,700
 
Categories of Expenditure
2008
Actual
2009
Actual
2010
Actual
2011
Actual
2012
Approp
Personnel Services $1,153,000 $1,167,100 $1,040,600 $1,097,300 $1,139,900
In-state Travel $5,300 $4,700 $2,700 $3,800 $2,700
Out-of-state Travel $1,600 $2,500 $100 $2,400 $100
Current Expense $30,800 $64,100 $17,500 $29,500 $16,300
DP Current Expense $3,800 $1,200 $1,100 $4,600 $1,000
Capital Outlay $10,300 $0 $0 $0 $0
Other Charges/Pass Thru $0 $8,900 $7,700 $0 $7,700
Total
$1,204,800
$1,248,500
$1,069,700
$1,137,600
$1,167,700
 
Other Indicators
2008
Actual
2009
Actual
2010
Actual
2011
Actual
2012
Approp
Budgeted FTE 16.3 16.0 12.5 16.5 11.5
Actual FTE 11.8 11.3 10.4 10.3 0.0






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 laundering.

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 delinquency. 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.

Performance

comparison chart of criminal appeals won versus lost

Funding Detail

The Attorney General Litigation Fund is a special revenue fund established in UCA 76-10-922 for costs and expenses incurred by the attorney general in relation to actions under state or federal anti-trust, criminal laws, or civil proceedings under the Protection of Personal Information Act. At the close of any fiscal year, any balance in the fund in excess of $2,000,000 must be transferred to the General Fund.

Sources of Finance
2008
Actual
2009
Actual
2010
Actual
2011
Actual
2012
Approp
General Fund $9,041,050 $5,633,100 $5,586,700 $5,535,100 $6,902,200
General Fund, One-time $400,000 $0 ($38,000) $0 $350,000
Federal Funds $1,477,600 $1,304,000 $1,474,200 $2,140,300 $1,285,400
American Recovery and Reinvestment Act $0 $0 $397,400 $0 $560,800
Dedicated Credits Revenue $2,199,500 $5,731,600 $5,519,700 $5,385,900 $5,315,900
Attorney General Litigation Fund $16,000 $335,400 $332,900 $336,500 $336,900
Transfers - Commission on Criminal and Juvenile Justice $73,900 $83,000 $711,100 $701,500 $586,100
Transfers - Federal $395,000 $322,300 $314,600 $367,100 $320,900
Transfers - Other Agencies $58,200 $59,900 $59,300 $60,000 $59,900
Beginning Nonlapsing $505,000 $1,251,500 $303,100 $2,695,400 $1,582,900
Closing Nonlapsing ($1,489,100) ($386,400) ($320,600) ($2,629,200) ($513,700)
Total
$12,677,150
$14,334,400
$14,340,400
$14,592,600
$16,787,300
 
Categories of Expenditure
2008
Actual
2009
Actual
2010
Actual
2011
Actual
2012
Approp
Personnel Services $11,215,350 $13,192,600 $13,010,400 $13,039,700 $14,812,000
In-state Travel $36,900 $42,700 $44,300 $51,400 $111,600
Out-of-state Travel $57,200 $47,500 $31,400 $36,300 $32,400
Current Expense $915,300 $772,100 $760,200 $846,100 $1,265,100
DP Current Expense $170,400 $108,100 $118,000 $338,100 $75,400
DP Capital Outlay $70,000 $30,000 $7,500 $0 $7,500
Capital Outlay $10,300 $0 $131,000 $15,600 $57,800
Other Charges/Pass Thru $201,700 $141,400 $199,400 $265,400 $425,500
Transfers $0 $0 $38,200 $0 $0
Total
$12,677,150
$14,334,400
$14,340,400
$14,592,600
$16,787,300
 
Other Indicators
2008
Actual
2009
Actual
2010
Actual
2011
Actual
2012
Approp
Budgeted FTE 115.3 112.5 155.5 150.0 148.0
Actual FTE 107.9 133.2 133.3 134.4 0.0
Vehicles 28 32 35 35 35






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 each 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
2008
Actual
2009
Actual
2010
Actual
2011
Actual
2012
Approp
General Fund $6,084,600 $8,918,450 $6,411,100 $8,589,400 $6,940,350
General Fund, One-time $0 $926,500 $1,698,700 $0 $0
Dedicated Credits Revenue $12,818,400 $9,910,300 $10,213,300 $9,938,900 $9,997,000
GFR - Constitutional Defense $0 $0 $0 $0 $350,000
GFR - Tobacco Settlement $275,200 $275,200 $274,300 $276,100 $276,300
Beginning Nonlapsing $274,300 $86,300 $334,400 $3,000 $0
Closing Nonlapsing ($86,300) ($334,400) ($223,500) ($69,500) $0
Lapsing Balance $0 $0 ($2,100) $0 $0
Total
$19,366,200
$19,782,350
$18,706,200
$18,737,900
$17,563,650
 
Categories of Expenditure
2008
Actual
2009
Actual
2010
Actual
2011
Actual
2012
Approp
Personnel Services $18,698,700 $19,232,450 $18,202,900 $18,307,800 $17,200,450
In-state Travel $55,700 $21,400 $13,900 $16,400 $16,500
Out-of-state Travel $32,300 $20,600 $20,500 $23,200 $18,500
Current Expense $539,300 $498,300 $406,100 $359,500 $246,100
DP Current Expense $40,200 $9,600 $4,900 $16,400 $4,200
Capital Outlay $0 $0 $57,900 $14,600 $57,900
Other Charges/Pass Thru $0 $0 $0 $0 $20,000
Total
$19,366,200
$19,782,350
$18,706,200
$18,737,900
$17,563,650
 
Other Indicators
2008
Actual
2009
Actual
2010
Actual
2011
Actual
2012
Approp
Budgeted FTE 184.5 190.8 160.3 140.3 151.8
Actual FTE 185.8 172.6 163.8 162.5 0.0
Vehicles 2 2 2 2 2






Subcommittee Table of Contents

Program: Water Rights Adjudication

Function

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

Funding Detail

Sources of Finance
2008
Actual
2009
Actual
2010
Actual
2011
Actual
2012
Approp
Dedicated Credits Revenue $202,500 $0 $0 $0 $0
Total
$202,500
$0
$0
$0
$0
 
Categories of Expenditure
2008
Actual
2009
Actual
2010
Actual
2011
Actual
2012
Approp
Personnel Services $201,000 $0 $0 $0 $0
In-state Travel $100 $0 $0 $0 $0
Out-of-state Travel $400 $0 $0 $0 $0
Current Expense $1,000 $0 $0 $0 $0
Total
$202,500
$0
$0
$0
$0
 
Other Indicators
2008
Actual
2009
Actual
2010
Actual
2011
Actual
2012
Approp
Budgeted FTE 2.0 2.0 0.0 0.0 0.0
Actual FTE 1.6 0.0 0.0 0.0 0.0






Subcommittee Table of Contents