Office of Attorney General
| Annual FTEs | General Fund State | Other Funds | Total Funds | |
|---|---|---|---|---|
| (Dollars in Thousands) | ||||
| Estimated Expenditures | 1,182.5 | 16,168 | 287,851 | 304,019 |
| 2019-21 Maintenance Level | 1,174.3 | 26,162 | 285,385 | 311,547 |
| Difference from 2017-19 | (8.2) | 9,994 | (2,466) | 7,528 |
| % Change from 2017-19 | (0.7%) | 61.8% | (0.9%) | 2.5% |
2019-21 Policy Other Changes |
||||
| Consumer Privacy Protection | 0.0 | 200 | 0 | 200 |
| Increase Civil Rights Enforcement | 7.0 | 1,837 | 0 | 1,837 |
| Ratepayer Advocacy | 3.0 | 0 | 766 | 766 |
| Mental Health Legal Services | 3.5 | 0 | 919 | 919 |
| Medicaid Fraud Control | 17.5 | 0 | 5,627 | 5,627 |
| Natural Resources Legal Services | 1.3 | 0 | 372 | 372 |
| Education Legal Services | 1.8 | 0 | 55 | 55 |
| WSU Legal Services | 1.3 | 0 | 374 | 374 |
| 2019-21 Policy Other Changes Total | 35.4 | 2,037 | 8,113 | 10,150 |
2019-21 Policy Comp Changes |
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| State Public Employee Benefits Rate | 0.0 | 26 | 194 | 220 |
| Non-Rep General Wage Increase | 0.0 | 1,471 | 11,226 | 12,697 |
| Non-Rep Premium Pay | 0.0 | 1,382 | 2,362 | 3,744 |
| Non-Rep Targeted Pay Increases | 0.0 | 0 | 119 | 119 |
| Orca Transit Pass - Outside CBAs | 0.0 | 4 | 56 | 60 |
| PERS & TRS Plan 1 Benefit Increase | 0.0 | 36 | 282 | 318 |
| Non-Rep Salary Schedule Revision | 0.0 | 0 | 375 | 375 |
| State Tax - Wellness Gift Card | 0.0 | 0 | 2 | 2 |
| Attorney Retention and Salary Grid | 0.0 | 1,500 | 12,572 | 14,072 |
| 2019-21 Policy Comp Changes Total | 0.0 | 4,419 | 27,188 | 31,607 |
2019-21 Policy Transfers Changes |
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| Orca Transit Pass Funding Transfer | 0.0 | (106) | (294) | (400) |
| 2019-21 Policy Transfers Changes Total | 0.0 | (106) | (294) | (400) |
2019-21 Policy Central Services Changes |
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| Electric Vehicle Infrastructure | 0.0 | 2 | 19 | 21 |
| Archives/Records Management | 0.0 | 1 | 16 | 17 |
| Audit Services | 0.0 | 0 | 3 | 3 |
| Administrative Hearings | 0.0 | 0 | 1 | 1 |
| CTS Central Services | 0.0 | (43) | (442) | (485) |
| DES Central Services | 0.0 | 16 | 177 | 193 |
| OFM Central Services | 0.0 | 81 | 838 | 919 |
| 2019-21 Policy Central Services Changes Total | 0.0 | 57 | 612 | 669 |
| Total Policy Changes | 35.4 | 6,407 | 35,619 | 42,026 |
| 2019-21 Policy Level | 1,209.7 | 32,569 | 321,004 | 353,573 |
| Difference from 2017-19 | 27.2 | 16,401 | 33,153 | 49,554 |
| % Change from 2017-19 | 2.3% | 101.4% | 11.5% | 16.3% |
Policy Changes
Consumer Privacy Protection
Funding is provided for the office to implement consumer privacy protection legislation by reviewing consumer privacy complaints and determining if enforcement action should be taken under the authority of the Washington State Consumer Protection Act.
Increase Civil Rights Enforcement
The office's Wing Luke Civil Rights Unit is a legal team that provides services in defense and protection of civil and constitutional rights for people in Washington. Current staffing levels have restricted the department's ability to accept new matters for training, advice, investigation or litigation. Funding is provided for additional attorney and staff assistance to enable the unit to meet the demand for services. This investment will also help state agencies comply with the Governor’s Executive Order 17-01 – Reaffirming Washington’s Commitment to Tolerance, Diversity and Inclusiveness without violating federal immigration law.
Ratepayer Advocacy
The office's Public Counsel Unit (PCU) represents customers of state-regulated, investor-owned utility companies in matters before the Utilities and Transportation Commission. In recent years, PCU has faced increased demands as utility filings have escalated in number and complexity. Additional funding will enhance PCU’s ability to address the litigation and policy proposals on behalf of Washington ratepayers.
Mental Health Legal Services
Litigation and requests for advice from the office's mental health unit have increased significantly as the state behavioral health system undergoes significant change. The number of forensic and civil show cause hearings for the Department of Social and Health Services (DSHS), felony commitment trials, and requests for advice related to multiple mental health-related lawsuits continue to rise. Funding is provided to address the substantial increase in defense work, advice and negotiations provided to DSHS.
Medicaid Fraud Control
In the past year, the number of Medicaid fraud investigations has dramatically increased in complexity and scope. In addition, due to outreach and education of the office's partner agencies, fraud referrals and investigations produced by data mining continue to increase in volume and quality. Funding is provided to allow the office to meet the state match for an increase in federal funds from the Office of the Inspector General at the U.S. Department of Health and Human Services to better protect the Medicaid program and vulnerable citizens in Washington.
Natural Resources Legal Services
The Department of Natural Resources (DNR) has experienced an increased need for legal advice and litigation services related to aquatic land management in recent years. This increased workload is expected to be ongoing. Funding is provided to address the shortfall in base legal service funding for DNR and will increase the scope of legal services to include matters related to all lands managed by DNR.
Education Legal Services
Demand for the office's education-related legal services has exceeded its ability to meet the needs of client agencies. The office has reallocated its base legal services to adjust for this trend. Funding for additional Assistant Attorney General services will accommodate the increased workload to provide legal services to education-related agencies that is not accounted for in the rebase adjustment.
WSU Legal Services
Washington State University (WSU) requires additional legal services related to the opening of the Elson S. Floyd College of Medicine and the relocation of the Colleges of Pharmacy and Nursing to the WSU Spokane campus. There is now a need for legal services housed on the WSU Spokane campus with specialization in the health sciences and health care fields. Expenditure authority is provided to the office to meet the increase in demand for WSU legal services.
State Public Employee Benefits Rate
Health insurance funding is provided for state employees who are not represented by a union, who are covered by a bargaining agreement that is not subject to financial feasibility determination, or who are not part of the coalition of unions for health benefits. The insurance funding rate is $977 per employee per month for fiscal year 2020 and $978 per employee per month for fiscal year 2021.
Non-Rep General Wage Increase
Funding is provided for wage increases for state employees who are not represented by a union or who are covered by a bargaining agreement that is not subject to financial feasibility determination. It is sufficient for a general wage increase of 3 percent, effective July 1, 2019, and a general wage increase of 3 percent, effective July 1, 2020. This item includes both general government and higher education workers.
Non-Rep Premium Pay
Funding is provided for increases in premium pay for state employees who are not represented by a union or who are covered by a bargaining agreement that is not subject to financial feasibility determination. Funding is sufficient to support changes in shift differential, call back and standby pay, as well as a 5 percent increase for employees working in King County.
Non-Rep Targeted Pay Increases
Funding is provided for classified state employees who are not represented by a union for pay increases in specific job classes in alignment with other employees.
Orca Transit Pass - Outside CBAs
This funds transit passes (ORCA cards) for state employees (outside of higher education) in King, Pierce, and Snohomish counties, other than those in certain collective bargaining agreements.
PERS & TRS Plan 1 Benefit Increase
For eligible Public Employees' and Teachers' Retirement Systems Plan 1 members, this item provides a one-time, ongoing increase of 3 percent, up to a maximum of $62.50 per month.
Non-Rep Salary Schedule Revision
This funds a revised salary schedule for non-represented employees in information technology jobs, in alignment with other state employees.
State Tax - Wellness Gift Card
Some employees are eligible to earn a $25 gift card after completing a health risk assessment. This item provides funding to agencies to pay the employer's share of Social Security and Medicare taxes on gift cards for additional employees who are eligible for the gift cards.
Attorney Retention and Salary Grid
Assistant Attorney General (AAG) salaries remain significantly lower than those in other public law offices and the office is unable to provide predictable increases, which negatively impacts its ability to provide high quality, consistent legal services to Washington state. Funding is provided to meet market rates and move to a salary system that allows for periodic increments similar to those of its public sector peers.
Orca Transit Pass Funding Transfer
This moves funding for employee transit passes from agencies to WSDOT, which administers the program. The transfer includes both funding added in 2019-21 for expanded access, as well as funding that was provided in the 2017-19 budget.
Electric Vehicle Infrastructure
Agency budgets are adjusted to reflect each agency’s estimated portion of increased fee for service charges from the Department of Enterprise Services to expand electric vehicle infrastructure for the state Motor Pool fleet.
Archives/Records Management
Agency budgets are adjusted to reflect each agency’s allocated share of charges for the state archives and state records center.
Audit Services
Agency budgets are adjusted to reflect each agency’s allocated share of charges for state government audits.
Administrative Hearings
Agency budgets are adjusted to reflect each agency’s anticipated share of charges for administrative hearings.
CTS Central Services
Agency budgets are adjusted to reflect each agency’s allocated share of charges from the Consolidated Technology Services Agency (WaTech) for the Office of the Chief Information Officer, Office of Cyber Security, state network, security gateways, and geospatial imaging services.
DES Central Services
Agency budgets are adjusted to reflect each agency’s allocated share of charges from the Department of Enterprise Services (DES) for campus rent, utilities, parking, and contracts; a capital project surcharge; financing cost recovery; public and historic facilities; real estate services; risk management services; personnel service rates; the Perry Street child care center; and the department’s enterprise applications.
OFM Central Services
Agency budgets are adjusted to reflect each agency’s allocated share of charges from the Office of Financial Management (OFM) for the One Washington project and OFM enterprise systems.
