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 7 of Chapter 396 Laws of Utah 2009 not lapse at the close of fiscal year 2010. All General Funds appropriated to the Attorney General - Attorney General line item are contingent upon expeditures 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 2011. If expenditures in the Attorney General line item from Federal Funds - American Recovery and Reinvestment Act 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. Funding Detail Sources of Finance | 2007 Actual | 2008 Actual | 2009 Actual | 2010 Actual | 2011 Approp | General Fund | $20,721,700 | $25,281,450 | $24,531,050 | $23,135,750 | $25,043,850 | General Fund, One-time | $1,997,800 | $1,040,000 | $312,600 | $1,838,400 | $0 | Federal Funds | $1,602,200 | $1,477,600 | $1,304,000 | $1,474,200 | $1,236,000 | American Recovery and Reinvestment Act | $0 | $0 | $0 | $397,400 | $437,500 | Dedicated Credits Revenue | $16,040,000 | $16,730,800 | $18,013,300 | $18,360,200 | $17,433,600 | GFR - Tobacco Settlement | $275,200 | $275,200 | $275,200 | $274,300 | $276,100 | Attorney General Litigation Fund | $279,800 | $321,700 | $335,400 | $332,900 | $336,500 | Transfers - Commission on Criminal and Juvenile Justice | $144,600 | $123,900 | $83,000 | $711,100 | $863,300 | Transfers - Federal | $0 | $395,000 | $322,300 | $314,600 | $337,500 | Transfers - Other Agencies | $303,000 | $58,200 | $59,900 | $59,300 | $63,400 | Beginning Nonlapsing | $1,200 | $1,543,000 | $2,647,400 | $1,017,000 | $0 | Closing Nonlapsing | ($1,543,000) | ($2,647,500) | ($1,017,000) | ($2,822,700) | $0 | Total | $39,822,500 | $44,599,350 | $46,867,150 | $45,092,450 | $46,027,750 |
---|
  | Programs: | 2007 Actual | 2008 Actual | 2009 Actual | 2010 Actual | 2011 Approp | Administration | $3,876,500 | $4,502,900 | $4,204,200 | $3,860,900 | $3,659,950 | Anti-Trust Prosecution | $266,400 | $305,700 | $0 | $0 | $0 | Child Protection | $5,832,500 | $6,340,100 | $7,297,700 | $7,115,250 | $6,285,600 | Children's Justice | $1,028,700 | $1,204,800 | $1,248,500 | $1,069,700 | $1,252,600 | Criminal Prosecution | $11,345,400 | $12,677,150 | $14,334,400 | $14,340,400 | $14,259,000 | Civil | $17,266,300 | $19,366,200 | $19,782,350 | $18,706,200 | $20,570,600 | Water Rights Adjudication | $206,700 | $202,500 | $0 | $0 | $0 | Total | $39,822,500 | $44,599,350 | $46,867,150 | $45,092,450 | $46,027,750 |
---|
  | Categories of Expenditure | 2007 Actual | 2008 Actual | 2009 Actual | 2010 Actual | 2011 Approp | Personnel Services | $35,575,800 | $39,749,450 | $42,396,850 | $40,712,600 | $41,576,150 | In-state Travel | $128,600 | $158,200 | $102,900 | $83,800 | $112,900 | Out-of-state Travel | $118,200 | $116,500 | $97,300 | $69,600 | $107,300 | Current Expense | $2,840,500 | $3,031,300 | $3,025,000 | $2,718,300 | $2,807,300 | DP Current Expense | $417,400 | $961,600 | $450,500 | $505,200 | $450,100 | DP Capital Outlay | $10,300 | $70,000 | $107,200 | $7,500 | $484,000 | Capital Outlay | $0 | $20,600 | $0 | $273,800 | $0 | Other Charges/Pass Thru | $639,000 | $491,700 | $687,400 | $683,450 | $490,000 | Transfers | $92,700 | $0 | $0 | $38,200 | $0 | Total | $39,822,500 | $44,599,350 | $46,867,150 | $45,092,450 | $46,027,750 |
---|
  | Other Indicators | 2007 Actual | 2008 Actual | 2009 Actual | 2010 Actual | 2011 Approp | Budgeted FTE | 414.5 | 412.8 | 418.0 | 424.1 | 400.1 | Vehicles | 43 | 43 | 47 | 50 | 47 |
|
|
|
|
|
| Subcommittee Table of ContentsProgram: 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 | 2007 Actual | 2008 Actual | 2009 Actual | 2010 Actual | 2011 Approp | General Fund | $3,157,200 | $4,426,100 | $3,323,000 | $4,562,100 | $3,050,250 | General Fund, One-time | $542,100 | $240,000 | ($613,900) | $222,800 | $0 | Dedicated Credits Revenue | $794,700 | $95,200 | $849,700 | $942,400 | $609,700 | Transfers - Commission on Criminal and Juvenile Justice | $0 | $50,000 | $0 | $0 | $0 | Beginning Nonlapsing | $1,200 | $363,700 | $909,600 | $347,500 | $0 | Closing Nonlapsing | ($618,700) | ($672,100) | ($264,200) | ($2,213,900) | $0 | Total | $3,876,500 | $4,502,900 | $4,204,200 | $3,860,900 | $3,659,950 |
---|
  | Categories of Expenditure | 2007 Actual | 2008 Actual | 2009 Actual | 2010 Actual | 2011 Approp | Personnel Services | $2,098,500 | $2,412,800 | $2,579,700 | $2,398,300 | $2,201,750 | In-state Travel | $9,600 | $13,600 | $7,700 | $7,700 | $7,700 | Out-of-state Travel | $15,700 | $19,100 | $26,200 | $17,400 | $26,200 | Current Expense | $1,259,500 | $1,053,600 | $1,205,900 | $1,002,600 | $1,116,800 | DP Current Expense | $281,600 | $713,800 | $307,500 | $364,600 | $307,500 | DP Capital Outlay | $10,300 | $0 | $77,200 | $0 | $0 | Capital Outlay | $0 | $0 | $0 | $47,500 | $0 | Other Charges/Pass Thru | $201,300 | $290,000 | $0 | $22,800 | $0 | Total | $3,876,500 | $4,502,900 | $4,204,200 | $3,860,900 | $3,659,950 |
---|
  | Other Indicators | 2007 Actual | 2008 Actual | 2009 Actual | 2010 Actual | 2011 Approp | Budgeted FTE | 31.0 | 29.0 | 29.0 | 30.0 | 27.0 | Vehicles | 8 | 8 | 8 | 9 | 8 |
|
|
|
|
|
| Subcommittee Table of ContentsProgram: 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 | 2007 Actual | 2008 Actual | 2009 Actual | 2010 Actual | 2011 Approp | Attorney General Litigation Fund | $266,400 | $305,700 | $0 | $0 | $0 | Total | $266,400 | $305,700 | $0 | $0 | $0 |
---|
  | Categories of Expenditure | 2007 Actual | 2008 Actual | 2009 Actual | 2010 Actual | 2011 Approp | Personnel Services | $259,300 | $296,200 | $0 | $0 | $0 | In-state Travel | $0 | $500 | $0 | $0 | $0 | Out-of-state Travel | $2,700 | $4,000 | $0 | $0 | $0 | Current Expense | $4,400 | $5,000 | $0 | $0 | $0 | Total | $266,400 | $305,700 | $0 | $0 | $0 |
---|
  | Other Indicators | 2007 Actual | 2008 Actual | 2009 Actual | 2010 Actual | 2011 Approp | Budgeted FTE | 2.0 | 2.0 | 2.5 | 0.0 | 0.0 |
|
|
|
|
|
| Subcommittee Table of ContentsProgram: 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 Funding Detail Sources of Finance | 2007 Actual | 2008 Actual | 2009 Actual | 2010 Actual | 2011 Approp | General Fund | $3,671,100 | $4,773,800 | $5,669,500 | $5,756,350 | $5,160,000 | General Fund, One-time | $863,300 | $400,000 | $0 | ($37,500) | $0 | Federal Funds | $0 | $0 | $0 | $0 | $700 | Dedicated Credits Revenue | $1,298,100 | $1,166,300 | $1,260,200 | $1,427,000 | $1,124,900 | Beginning Nonlapsing | $0 | $0 | $400,000 | $32,000 | $0 | Closing Nonlapsing | $0 | $0 | ($32,000) | ($62,600) | $0 | Total | $5,832,500 | $6,340,100 | $7,297,700 | $7,115,250 | $6,285,600 |
---|
  | Categories of Expenditure | 2007 Actual | 2008 Actual | 2009 Actual | 2010 Actual | 2011 Approp | Personnel Services | $5,232,600 | $5,772,400 | $6,225,000 | $6,060,400 | $5,266,700 | In-state Travel | $33,800 | $46,100 | $26,400 | $15,200 | $26,400 | Out-of-state Travel | $4,100 | $1,900 | $500 | $200 | $500 | Current Expense | $533,500 | $486,300 | $484,600 | $531,900 | $484,200 | DP Current Expense | $28,500 | $33,400 | $24,100 | $16,600 | $23,800 | DP Capital Outlay | $0 | $0 | $0 | $0 | $484,000 | Capital Outlay | $0 | $0 | $0 | $37,400 | $0 | Other Charges/Pass Thru | $0 | $0 | $537,100 | $453,550 | $0 | Total | $5,832,500 | $6,340,100 | $7,297,700 | $7,115,250 | $6,285,600 |
---|
  | Other Indicators | 2007 Actual | 2008 Actual | 2009 Actual | 2010 Actual | 2011 Approp | Budgeted FTE | 63.5 | 63.8 | 65.3 | 65.8 | 66.3 | Vehicles | 5 | 5 | 5 | 4 | 5 |
|
|
|
|
|
| Subcommittee Table of ContentsProgram: 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 Funding Detail Sources of Finance | 2007 Actual | 2008 Actual | 2009 Actual | 2010 Actual | 2011 Approp | General Fund | $790,500 | $955,900 | $987,000 | $819,500 | $989,600 | General Fund, One-time | ($2,800) | $0 | $0 | ($7,600) | $0 | Dedicated Credits Revenue | $241,000 | $248,900 | $261,500 | $257,800 | $263,000 | Beginning Nonlapsing | $0 | $400,000 | $0 | $0 | $0 | Closing Nonlapsing | $0 | ($400,000) | $0 | $0 | $0 | Total | $1,028,700 | $1,204,800 | $1,248,500 | $1,069,700 | $1,252,600 |
---|
  | Categories of Expenditure | 2007 Actual | 2008 Actual | 2009 Actual | 2010 Actual | 2011 Approp | Personnel Services | $989,000 | $1,153,000 | $1,167,100 | $1,040,600 | $1,170,900 | In-state Travel | $3,100 | $5,300 | $4,700 | $2,700 | $4,700 | Out-of-state Travel | $1,700 | $1,600 | $2,500 | $100 | $2,500 | Current Expense | $25,600 | $30,800 | $64,100 | $17,500 | $64,400 | DP Current Expense | $1,200 | $3,800 | $1,200 | $1,100 | $1,200 | Capital Outlay | $0 | $10,300 | $0 | $0 | $0 | Other Charges/Pass Thru | $8,100 | $0 | $8,900 | $7,700 | $8,900 | Total | $1,028,700 | $1,204,800 | $1,248,500 | $1,069,700 | $1,252,600 |
---|
  | Other Indicators | 2007 Actual | 2008 Actual | 2009 Actual | 2010 Actual | 2011 Approp | Budgeted FTE | 10.3 | 16.3 | 16.0 | 12.5 | 16.5 |
|
|
|
|
|
| Subcommittee Table of ContentsProgram: 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. Performance 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 | 2007 Actual | 2008 Actual | 2009 Actual | 2010 Actual | 2011 Approp | General Fund | $7,696,600 | $9,041,050 | $5,633,100 | $5,586,700 | $5,199,700 | General Fund, One-time | $3,600 | $400,000 | $0 | ($38,000) | $0 | Federal Funds | $1,602,200 | $1,477,600 | $1,304,000 | $1,474,200 | $1,235,300 | American Recovery and Reinvestment Act | $0 | $0 | $0 | $397,400 | $437,500 | Dedicated Credits Revenue | $2,232,000 | $2,199,500 | $5,731,600 | $5,519,700 | $5,785,800 | Attorney General Litigation Fund | $13,400 | $16,000 | $335,400 | $332,900 | $336,500 | Transfers - Commission on Criminal and Juvenile Justice | $144,600 | $73,900 | $83,000 | $711,100 | $863,300 | Transfers - Federal | $0 | $395,000 | $322,300 | $314,600 | $337,500 | Transfers - Other Agencies | $303,000 | $58,200 | $59,900 | $59,300 | $63,400 | Beginning Nonlapsing | $0 | $505,000 | $1,251,500 | $303,100 | $0 | Closing Nonlapsing | ($650,000) | ($1,489,100) | ($386,400) | ($320,600) | $0 | Total | $11,345,400 | $12,677,150 | $14,334,400 | $14,340,400 | $14,259,000 |
---|
  | Categories of Expenditure | 2007 Actual | 2008 Actual | 2009 Actual | 2010 Actual | 2011 Approp | Personnel Services | $10,009,300 | $11,215,350 | $13,192,600 | $13,010,400 | $12,661,000 | In-state Travel | $38,400 | $36,900 | $42,700 | $44,300 | $52,700 | Out-of-state Travel | $55,900 | $57,200 | $47,500 | $31,400 | $57,500 | Current Expense | $661,300 | $915,300 | $772,100 | $760,200 | $897,800 | DP Current Expense | $58,200 | $170,400 | $108,100 | $118,000 | $108,900 | DP Capital Outlay | $0 | $70,000 | $30,000 | $7,500 | $0 | Capital Outlay | $0 | $10,300 | $0 | $131,000 | $0 | Other Charges/Pass Thru | $429,600 | $201,700 | $141,400 | $199,400 | $481,100 | Transfers | $92,700 | $0 | $0 | $38,200 | $0 | Total | $11,345,400 | $12,677,150 | $14,334,400 | $14,340,400 | $14,259,000 |
---|
  | Other Indicators | 2007 Actual | 2008 Actual | 2009 Actual | 2010 Actual | 2011 Approp | Budgeted FTE | 111.8 | 115.3 | 112.5 | 155.5 | 150.0 | Vehicles | 28 | 28 | 32 | 35 | 32 |
|
|
|
|
|
| Subcommittee Table of ContentsProgram: 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 | 2007 Actual | 2008 Actual | 2009 Actual | 2010 Actual | 2011 Approp | General Fund | $5,404,300 | $6,084,600 | $8,918,450 | $6,411,100 | $10,644,300 | General Fund, One-time | $591,600 | $0 | $926,500 | $1,698,700 | $0 | Dedicated Credits Revenue | $11,269,500 | $12,818,400 | $9,910,300 | $10,213,300 | $9,650,200 | GFR - Tobacco Settlement | $275,200 | $275,200 | $275,200 | $274,300 | $276,100 | Beginning Nonlapsing | $0 | $274,300 | $86,300 | $334,400 | $0 | Closing Nonlapsing | ($274,300) | ($86,300) | ($334,400) | ($225,600) | $0 | Total | $17,266,300 | $19,366,200 | $19,782,350 | $18,706,200 | $20,570,600 |
---|
  | Categories of Expenditure | 2007 Actual | 2008 Actual | 2009 Actual | 2010 Actual | 2011 Approp | Personnel Services | $16,781,600 | $18,698,700 | $19,232,450 | $18,202,900 | $20,275,800 | In-state Travel | $43,700 | $55,700 | $21,400 | $13,900 | $21,400 | Out-of-state Travel | $37,800 | $32,300 | $20,600 | $20,500 | $20,600 | Current Expense | $355,300 | $539,300 | $498,300 | $406,100 | $244,100 | DP Current Expense | $47,900 | $40,200 | $9,600 | $4,900 | $8,700 | Capital Outlay | $0 | $0 | $0 | $57,900 | $0 | Total | $17,266,300 | $19,366,200 | $19,782,350 | $18,706,200 | $20,570,600 |
---|
  | Other Indicators | 2007 Actual | 2008 Actual | 2009 Actual | 2010 Actual | 2011 Approp | Budgeted FTE | 194.0 | 184.5 | 190.8 | 160.3 | 140.3 | Vehicles | 2 | 2 | 2 | 2 | 2 |
|
|
|
|
|
| Subcommittee Table of ContentsProgram: 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 | 2007 Actual | 2008 Actual | 2009 Actual | 2010 Actual | 2011 Approp | General Fund | $2,000 | $0 | $0 | $0 | $0 | Dedicated Credits Revenue | $204,700 | $202,500 | $0 | $0 | $0 | Total | $206,700 | $202,500 | $0 | $0 | $0 |
---|
  | Categories of Expenditure | 2007 Actual | 2008 Actual | 2009 Actual | 2010 Actual | 2011 Approp | Personnel Services | $205,500 | $201,000 | $0 | $0 | $0 | In-state Travel | $0 | $100 | $0 | $0 | $0 | Out-of-state Travel | $300 | $400 | $0 | $0 | $0 | Current Expense | $900 | $1,000 | $0 | $0 | $0 | Total | $206,700 | $202,500 | $0 | $0 | $0 |
---|
  | Other Indicators | 2007 Actual | 2008 Actual | 2009 Actual | 2010 Actual | 2011 Approp | Budgeted FTE | 2.0 | 2.0 | 2.0 | 0.0 | 0.0 |
|
|
|
|
|
| Subcommittee Table of Contents |