Department of the Treasury Internal Revenue Service
Public Charity Status and Public Support
Complete if the organization is a section 501(c)(3) organization or a section
4947(a)(1) nonexempt charitable trust.
Attach to Form 990 or Form 990-EZ. See separate instructions.
OMB No. 1545-0047
2012
Open to Public Inspection
Name of the organization
NATIONAL BLACK CAUCUS OF STATE LEGISLATORS
Employer identification number
52-1218832
Part I
Reason for Public Charity Status
(All organizations must complete this part.) See instructions.
The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.)
1
2
3
4
5
section 170(b)(1)(A)(iv). (Complete Part II.)
6
7
8
9
receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 331/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses
acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.)
10
11
e
By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2).
f
If the organization received a written determination from the IRS that it is a Type I, Type II, or Type III supporting organization, check this box
..................................................
g
Since August 17, 2006, has the organization accepted any gift or contribution from any of the following persons?
(i) A person who directly or indirectly controls, either alone or together with persons described in (ii)
Yes
No
and (iii) below, the governing body of the supported organization?
................
11g(i)
(ii)
A family member of a person described in (i) above?
......................
11g(ii)
(iii)
A 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
h
Provide the following information about the supported organization(s).
(i) Name of supported organization
(ii) EIN
(iii) Type of organization (described on lines 1- 9 above or IRC section (see instructions))
(iv) Is the organization in col. (i) listed in your governing document?
(v) Did you notify the organization in col. (i) of your support?
(vi) Is the organization in col. (i) organized in the U.S.?
(vii) Amount of monetary support
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990EZ.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 2
Part II
Support Schedule for Organizations Described in Sections 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the
organization failed to qualify under Part III. If the organization fails to
qualify under the tests listed below, please complete Part III.)
Section A. Public Support
Calendar year (or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
4
Total. Add lines 1 through 3
5
The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included
on line 1 that exceeds 2% of the amount shown on line 11, column (f)..
6
Public support. Subtract line 5 from line 4.
Section B. Total Support
Calendar year
(or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
7
Amounts from line 4..
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
10
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)..
11
Total support (Add lines 7 through 10).
12
Gross receipts from related activities, etc. (see instructions)
..................
12
13
First five years.
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here........................................
Section C. Computation of Public Support Percentage
14
Public support percentage for 2012 (line 6, column (f) divided by line 11, column (f))
.........
14
15
Public support percentage for 2011 Schedule A, Part II, line 14
...............
15
16a
33 1/3% support test—2012.
If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box
and stop here. The organization qualifies as a publicly supported organization
.......................
b
33 1/3% support test—2011.
If the organization did not check a box on line 13 or 16a, and line 15 is 33 1/3% or more, check this
box and stop here. The organization qualifies as a publicly supported organization
.....................
17a
10%-facts-and-circumstances test—2012.
If the organization did not check a box on line 13, 16a, or 16b, and line 14
is 10% or more, and if the organization meets the "facts-and-circumstances" test, check this box and stop here. Explain
in Part IV how the organization meets the "facts-and-circumstances" test. The organization qualifies as a publicly supported
organization
.....................................................
b
10%-facts-and-circumstances test—2011.
If the organization did not check a box on line 13, 16a, 16b, or 17a, and line
15 is 10% or more, and if the organization meets the "facts-and-circumstances" test, check this box and stop here.
Explain in Part IV how the organization meets the "facts-and-circumstances" test. The organization qualifies as a publicly supported organization
................................................
18
Private foundation.
If the organization did not check a box on line 13, 16a, 16b, 17a, or 17b, check this box and see
instructions
.....................................................
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 3
Part III
Support Schedule for Organizations Described in Section 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization
failed to qualify under Part II. If the organization fails to qualify under
the tests listed below, please complete Part II.)
Section A. Public Support
Calendar year (or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
647,225
583,175
770,666
631,102
618,625
3,250,793
2
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose......
1,604,944
1,776,897
1,676,631
1,373,669
1,443,142
7,875,283
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
6
Total. Add lines 1 through 5.
2,252,169
2,360,072
2,447,297
2,004,771
2,061,767
11,126,076
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
b
Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year.
c
Add lines 7a and 7b..
8
Public support (Subtract line 7c from line 6.)
11,126,076
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
9
Amounts from line 6...
2,252,169
2,360,072
2,447,297
2,004,771
2,061,767
11,126,076
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
2,093
3,559
1,658
788
471
8,569
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
2,093
3,559
1,658
788
471
8,569
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
..
52
52
13
Total support. (Add lines 9, 10c, 11, and 12.)..
2,254,314
2,363,631
2,448,955
2,005,559
2,062,238
11,134,697
14
First five years.
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.............................................
Section C. Computation of Public Support Percentage
15
Public support percentage for 2012 (line 8, column (f) divided by line 13, column (f))
.........
15
99.920 %
16
Public support percentage from 2011 Schedule A, Part III, line 15
...............
16
99.910 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2012 (line 10c, column (f) divided by line 13, column (f))
......
17
0 %
18
Investment income percentage from 2011 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2012.
If the organization did not check the box on line 14, and line 15 is more than 33 1/3%, and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
........
b
33 1/3% support tests—2011.
If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3% and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
.....
20
Private foundation.
If the organization did not check a box on line 14, 19a, or 19b, check this box and see instructions
.....
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 4
Part IV
Supplemental Information.
Complete this part to provide the explanations required by Part II, line 10; Part II, line 17a or 17b; and Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
Explanation
Schedule A (Form 990 or 990-EZ) 2012
Additional Data
Software ID:
Software Version:
-
TIN:
SCHEDULE O (Form 990 or 990-EZ)
Department of the Treasury Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ
Complete to provide information for responses to specific questions on
Form 990 or to provide any additional information.
Attach to Form 990 or 990-EZ.
OMB No. 1545-0047
2012
Open to Public Inspection
Name of the organization
NATIONAL BLACK CAUCUS OF STATE LEGISLATORS
Employer identification number
52-1218832
Identifier
Return Reference
Explanation
ORGANIZATION'S MISSION
FORM 990 - ORGANIZATION'S MISSION
NBCSL IS A MEMBERSHIP ASSOCIATION REPRESENTING MORE THAN 600 AFRICAN AMERICAN LEGISLATORS. ITS PRIMARY MISSION IS TO DEVELOP, CONDUCT AND PROMOTE EDUCATIONAL,RESEARCH AND TRAINING PROGRAMS DESIGNED TO ENHANCE THE EFFECTIVENESS OF ITS MEMBERS, AS THEY CONSIDER LEGISLATION AND ISSUES OF PUBLIC POLICY WHICH IMPACT, EITHER DIRECTLY OR INDIRECTLY UPON THE GENERAL WELFARE OF AFRICAN AMERICAN CONSTITUENTS WITHIN THEIR RESPECTIVE JURISDICTIONS.
CLASSES OF MEMBERS OR STOCKHOLDERS
FORM 990, PAGE 6, PART VI, LINE 6
PER THE BYLAWS, NBCSL CONSISTS OF THREE CLASSES OF MEMBERSHIP: A. REGULAR: VOTING, B. ASSOCIATE: NON-VOTING, C. LEGISLATIVE STAFF: NON-VOTING
ELECTION OF MEMBERS AND THEIR RIGHTS
FORM 990, PAGE 6, PART VI, LINE 7A
ANY CURRENT BLACK MEMBER OF A STATE LEGISLATURE WHO HAS TENDERED THE AMOUNT OF DUES REQUIRED FOR MEMBERSHIP IN NBCSL SHALL BE ELIGIBLE FOR REGULAR VOTING MEMBERSHIP. MEMBERS OF THIS CLASS HAVE THE RIGHT TO VOTE ON ANY MATTER BEING CONSIDERED BY THE ORGANIZATION, INCLUDING THE ELECTION OF THE ORGANIZATION OFFICERS, AS WELL AS, THE OTHER EXECUTIVE COMMITTEE MEMBERS.
DECISIONS SUBJECT TO APPROVAL OF MEMBERS
FORM 990, PAGE 6, PART VI, LINE 7B
DECISIONS OF THE EXECUTIVE COMMITTEE ARE SUBJECT TO APPROVAL BY THE NBCSL REGULAR MEMBERS.
ORGANIZATION'S PROCESS USED TO REVIEW FORM 990
FORM 990, PAGE 6, PART VI, LINE 11B
A COPY OF THE FORM 990 WITH SUPPORTING SCHEDULES IS GIVEN TO THE PRESIDENT AND EXECUTIVE DIRECTOR FOR DISTRIBUTION TO THE EXECUTIVE COMMITTEE. THE FORM 990 IS REVIEWED BY THE PRESIDENT AND EXECUTIVE DIRECTOR FOR COMPLETNESS AND ACCURACY, AND IS DISTRIBUTED TO THE EXECUTIVE COMMITTEE FOR REVIEW.
ENFORCEMENT OF CONFLICTS POLICY
FORM 990, PAGE 6, PART VI, LINE 12C
NBCSL'S CONFLICT OF INTEREST POLICY IS PRESENTED TO NBCSL OFFICERS AND EXECUTIVE COMMITTEE MEMBERS AT THEIR FIRST MEETING OF EACH YEAR BY THE ORGANIZATION ATTORNEYS. THE OFFICERS AND EXECUTIVE COMMITTEE MEMBERS ARE REQUIRED TO COMPLETE THE FORM AND DISCLOSE ANY KNOWN CONFLICTS OR INDICATE THAT THERE ARE NONE. THE ORGANIZATION'S ATTORNEYS THEN REVIEW THE FORMS AND GIVE RECOMMENDATIONS ON RESOLUTION OF ANY KNOWN CONFLICTS OF INTEREST. ALSO, AT EACH SUBSEQUENT MEETING, THE NBCSL OFFICERS AND EXECUTIVE COMMITTEE MEMBERS ARE INSTRUCTED TO REVIEW AND DISCLOSE ANY CONFLICTS OF INTEREST THAT MAY HAVE ARISEN SINCE THE PRIOR MEETING.
COMPENSATION PROCESS FOR TOP OFFICIAL
FORM 990, PAGE 6, PART VI, LINE 15A
THE ORGANIZATION'S PRESIDENT PERFORMS AN ANNUAL PERFORMANCE REVIEW OF THE EXECUTIVE DIRECTOR AND SUBMITS A SALARY RECOMMENDATION TO THE PERSONNEL COMMITTEE. THE PERSONNEL COMMITTEE REVIEWS THE RECOMMENDATION AND UPON APPROVAL, INCLUDES IT IN A DRAFT PERSONNEL BUDGET, WHICH IS SUBMITTED TO NBCSL'S BUDGET COMMITTEE CHAIR FOR INCLUSION IN THE ORGANIZATION'S ANNUAL BUDGET. THE ORGANIZATION BUDGET IS PREPARED AND SUBMITTED TO THE MEMBERS FOR APPROVAL DURING THE ANNUAL CONFERENCE.
COMPENSATION PROCESS FOR OFFICERS
FORM 990, PAGE 6, PART VI, LINE 15B
ALL OFFICERS, DIRECTORS AND MEMBERS OF NBCSL ARE PROHIBITED BY THE BYLAWS FROM RECEIVING COMPENSATION FOR THEIR SERVICES
GOVERNING DOCUMENTS DISCLOSURE EXPLANATION
FORM 990, PAGE 6, PART VI, LINE 19
NBCSL GOVERNING DOCUMENTS AND CONFLICT OF INTEREST POLICY ARE AVAILABLE TO THE PUBLIC UPON REQUEST. NBCSL BYLAWS ARE PUBLISHED ON THE ORGANIZATION'S WEBSITE. FINANCIAL STATEMENTS ARE DISTRIBUTED AT THE ORGANIZATION'S QUARTERLY MEETINGS AND ARE ALSO AVAILABLE UPON REQUEST. FORM 990 IS AVAILABLE AT WWW.GUIDESTAR.ORG AND UPON REQUEST.
IN 2010, THE MEMBERS OF THE ORGANIZATION VOTED TO CHANGE THE BYLAWS TO REQUIRE BI-ANNUAL AUDITS OF THE FINANCIAL STATEMENTS BEGINNING WITH THE 12/31/2012 YEAREND. THE BI-ANNUAL REQUIREMENT WILL COINCIDE WITH THE NBCSL PRESIDENT'S 2-YEAR TERM OF LEADERSHIP. THE EXECUTIVE COMMITTEE IS THE AUDIT COMMITTEE CHARGED WITH SELECTING AUDITORS.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.