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. Information about Schedule A (Form 990 or 990-EZ) and its instructions is at www.irs.gov/form990.
OMB No. 1545-0047
2013
Open to Public Inspection
Name of the organization
AMERICAN LEGACY FOUNDATION
Employer identification number
91-1956621
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) 2013
Schedule A (Form 990 or 990-EZ) 2013
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) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
3,766,128
2,576,538
2,608,369
4,384,402
1,956,547
15,291,984
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
3,766,128
2,576,538
2,608,369
4,384,402
1,956,547
15,291,984
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.
15,291,984
Section B. Total Support
Calendar year
(or fiscal year beginning in)
(a) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(f) Total
7
Amounts from line 4..
3,766,128
2,576,538
2,608,369
4,384,402
1,956,547
15,291,984
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
16,807,876
14,870,989
19,991,033
18,134,988
23,191,820
92,996,706
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
240,970
865,855
1,106,825
10
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)..
48,143
158,543
1,428,133
137,555
4,674
1,777,048
11
Total support (Add lines 7 through 10).
111,172,563
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 2013 (line 6, column (f) divided by line 11, column (f))
.........
14
13.760 %
15
Public support percentage for 2012 Schedule A, Part II, line 14
...............
15
16.130 %
16a
33 1/3% support test—2013.
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—2012.
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—2013.
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—2012.
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) 2013
Schedule A (Form 990 or 990-EZ) 2013
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) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
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......
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.
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.)
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(f) Total
9
Amounts from line 6...
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
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.)
..
13
Total support. (Add lines 9, 10c, 11, and 12.)..
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 2013 (line 8, column (f) divided by line 13, column (f))
.........
15
16
Public support percentage from 2012 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2013 (line 10c, column (f) divided by line 13, column (f))
......
17
18
Investment income percentage from 2012 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2013.
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—2012.
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) 2013
Schedule A (Form 990 or 990-EZ) 2013
Page 4
Part IV
Supplemental Information.
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
FACTS AND CIRCUMSTANCES ANALYSISTHE AMERICAN LEGACY FOUNDATION ("LEGACY") QUALIFIES AS A PUBLICLY SUPPORTED ORGANIZATION UNDER ALL OF THE FACTS AND CIRCUMSTANCES BECAUSE (A) IT NORMALLY RECEIVES A SUBSTANTIAL PART OF ITS SUPPORT FROM GOVERNMENT UNITS, FROM DIRECT OR INDIRECT CONTRIBUTIONS FROM THE GENERAL PUBLIC, OR FROM A COMBINATION OF THESE SOURCES, UNDER THE STANDARDS SET FORTH IN REG. 1.170A-9(F)(3)(I) AND (II); AND (B) IT IS IN THE NATURE OF A PUBLICLY SUPPORTED ORGANIZATION TAKING INTO ACCOUNT THE FACTORS SET FORTH IN REG. 1.170-A-9(F)(3)(III) THROUGH (VII).A. TEN PERCENT SUPPORT LIMITATION. LEGACY NORMALLY RECEIVES AT LEAST 10 PERCENT OF ITS TOTAL SUPPORT FROM PUBLIC SOURCES. AS SET FORTH IN SCHEDULE A, PART II, THE ORGANIZATION'S PUBLIC SUPPORT FOR TAXABLE YEARS 2009 - 2013 WAS 13.76%. ATTRACTION OF PUBLIC SUPPORT. LEGACY MAINTAINS A CONTINUOUS AND BONA FIDE PROGRAM DESIGNED TO ATTRACT PUBLIC SUPPORT. THE TOTAL AMOUNT OF PUBLIC SUPPORT RAISED BY LEGACY IN TAXABLE YEARS 2009-2013 AS A RESULT OF THESE EFFORTS WAS NEARLY $15.3 MILLION. EXAMPLES OF LEGACY'S EFFORTS TO ATTRACT PUBLIC SUPPORT DURING THE FIVE-YEAR TESTING PERIOD INCLUDE THE FOLLOWING: FEDERAL GOVERNMENT GRANTS AND CONTRACTS. LEGACY MAINTAINS A BONA FIDE, CONTINUOUS AND SUCCESSFUL PROGRAM TO ATTRACT NEW AND ADDITIONAL FEDERAL GOVERNMENTAL SUPPORT. AS PART OF THIS PROGRAM, LEGACY HAS DEDICATED STAFF IN BOTH ITS SCHROEDER RESEARCH INSTITUTE AND FINANCE DEPARTMENT TO ASSIST WITH APPLICATIONS FOR FEDERAL SUPPORT AND TO MANAGE GRANTS AND CONTRACTS THAT ARE AWARDED. FROM TAX YEAR 2009 THROUGH 2013, LEGACY SUBMITTED OVER 80 APPLICATIONS FOR FEDERAL GRANTS AND CONTRACTS. IN 2013 ALONE, LEGACY SUBMITTED 21 APPLICATIONS TO THE NATIONAL INSTITUTES OF HEALTH, THE NATIONAL CANCER INSTITUTE AND THE U.S. FOOD AND DRUG ADMINISTRATION FOR SUPPORT FOR RESEARCH AND RELATED ACTIVITIES. ALL OF THESE APPLICATIONS WERE CONSISTENT WITH LEGACY'S CHARITABLE PURPOSE OF MITIGATING THE TOLL OF DEATH AND DISEASE CAUSED BY THE TOBACCO EPIDEMIC. OVER THE FIVE YEAR PERIOD, LEGACY WAS AWARDED 27 FEDERAL GRANTS AND CONTRACTS FOR A TOTAL AMOUNT AWARDED OF $14,708,866 MILLION. OTHER GRANTS. DURING THE FIVE-YEAR TESTING PERIOD, LEGACY SUBMITTED FUNDING PROPOSALS TO DOZENS OF OTHER ENTITIES. LEGACY RECEIVED 18 AWARDS FOR A TOTAL AMOUNT AWARDED OF $946,755. IN THE CURRENT TAXABLE YEAR THIS INCLUDED SUPPORT FROM, FOR EXAMPLE, THE UNIVERSITY OF MICHIGAN AND THE LOUISIANA PUBLIC HEALTH INSTITUTE. OTHER EFFORTS. DURING THE TESTING PERIOD, LEGACY ALSO ENGAGED IN NUMEROUS OTHER EFFORTS TO ATTRACT PUBLIC SUPPORT INCLUDING, FOR EXAMPLE, PARTICIPATING IN THE COMBINED FEDERAL CAMPAIGN AND CONDUCTING FUNDRAISING EFFORTS VIA DIRECT MAIL AND SPECIAL EVENTS. RATHER THAN REPEATING THE DETAIL HERE, PLEASE SEE SCHEDULE O OF LEGACY'S 2013 990 FILING FOR FURTHER INFORMATION. B. PERCENTAGE OF FINANCIAL SUPPORT. LEGACY WAS ESTABLISHED IN 1999 PURSUANT TO THE TERMS OF THE MASTER SETTLEMENT AGREEMENT NEGOTIATED BY THE ATTORNEYS GENERAL OF 46 STATES, THE DISTRICT OF COLUMBIA AND FIVE U.S. TERRITORIES IN SETTLEMENT OF CIVIL ACTIONS FILED AGAINST THE MAJOR U.S. TOBACCO COMPANIES FOR DAMAGES DUE TO THE HARMFUL EFFECTS OF TOBACCO. THE STATES REQUESTED THAT A PORTION OF THE FUNDS THEY RECEIVED FROM THE TOBACCO INDUSTRY BE USED TO ESTABLISH AND FUND AN ORGANIZATION PRIMARILY DEDICATED TO STUDYING AND PROVIDING PUBLIC EDUCATION ABOUT THE IMPACT OF TOBACCO IN ORDER TO REDUCE ITS USE AND ASSOCIATED DEATH AND DISEASE. LEGACY ALSO RECEIVED FUNDING FROM A SIMILAR SETTLEMENT AGREEMENT ENTERED INTO BETWEEN THE STATES AND THE SMOKELESS TOBACCO COMPANIES. EARLY ON LEGACY'S BOARD OF DIRECTORS VOTED TO FOLLOW A "PERPETUITY MODEL" ALLOCATING A SIGNIFICANT PORTION OF THE SETTLEMENT FUNDS RECEIVED FROM 1999 - 2003 FOR LONG-TERM INVESTMENTS (RESERVE FUND), WHICH OPERATES LIKE A QUASI-ENDOWMENT TO SUPPORT FUTURE CHARITABLE AND EDUCATIONAL ACTIVITIES IN THE YEARS AFTER THE SETTLEMENT PAYMENTS WOULD CEASE. LEGACY'S LONG-TERM INVESTMENTS (RESERVE FUND) AT JUNE 30, 2014 WAS $963.6 MILLION. UNDER THE TERMS OF THE SETTLEMENT AGREEMENTS, THE LAST OF THE NORMALLY SCHEDULED PAYMENTS TO LEGACY WERE RECEIVED DURING ITS 2007 TAXABLE YEAR (ENDING JUNE 30, 2008). SINCE THAT TIME, BECAUSE OF THE CESSATION OF THE SETTLEMENT PAYMENTS, LEGACY HAS RECEIVED AN INCREASINGLY HIGH PERCENTAGE OF ITS TOTAL SUPPORT FROM INVESTMENT INCOME ON ITS LONG-TERM INVESTMENTS (RESERVE FUND) AND ITS PUBLIC SUPPORT PERCENTAGE HAS DECLINED SUBSTANTIALLY SO THAT BEGINNING WITH THE 2012 TAXABLE YEAR LEGACY FOR THE FIRST TIME NO LONGER QUALIFIED UNDER THE 33 1/3 PERCENT OF SUPPORT TEST DURING THE FIVE-YEAR TESTING PERIOD. HOWEVER, WERE IT NOT FOR THE LARGE AMOUNT OF GROSS INVESTMENT INCOME GENERATED BY LEGACY'S RESERVE FUND, THE ORGANIZATION'S PUBLIC SUPPORT OF NEARLY $15.3 MILLION WOULD EASILY ALLOW IT TO QUALIFY AS A PUBLICLY SUPPORTED ORGANIZATION. AS SET FORTH IN REG. 1.170A-9(F)(3)(III), THE FACT THAT LEGACY'S PUBLIC SUPPORT PERCENTAGE IS LOW BECAUSE A HIGH PERCENTAGE OF ITS TOTAL SUPPORT COMES FROM INVESTMENT INCOME ON ITS LONG-TERM INVESTMENTS (RESERVE FUND) IS EVIDENCE OF LEGACY'S COMPLIANCE WITH THE FACTS AND CIRCUMSTANCES TEST. REPRESENTATIVE GOVERNING BODY. LEGACY HAS A GOVERNING BODY WHICH REPRESENTS THE BROAD INTERESTS OF THE PUBLIC, OTHER THAN THE PERSONAL OR PRIVATE INTERESTS OF A LIMITED NUMBER OF DONORS. UNDER THE ORGANIZATION'S BYLAWS, THE ELEVEN-PERSON BOARD OF DIRECTORS CONSISTS OF TWO DIRECTORS APPOINTED BY EACH OF THE NATIONAL ASSOCIATION OF ATTORNEYS GENERAL, THE NATIONAL GOVERNORS ASSOCIATION, AND THE NATIONAL CONFERENCE OF STATE LEGISLATURES FROM AMONG THEIR MEMBERS. THESE DIRECTORS (CLASS A DIRECTORS) CURRENTLY INCLUDE THE GOVERNORS OF UTAH AND MISSOURI, THE ATTORNEYS GENERAL OF IOWA AND INDIANA, AND STATE SENATORS FROM TEXAS AND WYOMING. THE ATTORNEY GENERAL OF IDAHO SERVES AS NON-VOTING IMMEDIATE PAST CHAIR. THE CLASS A DIRECTORS ELECT BY MAJORITY VOTE THE REMAINING FIVE DIRECTORS, THE CLASS B DIRECTORS. THE BYLAWS PROVIDE THAT ONE OF THE CLASS B DIRECTORS SHALL HAVE EXPERTISE IN PUBLIC HEALTH ISSUES AND FOUR DIRECTORS SHALL HAVE EXPERTISE IN MEDICAL, CHILD PSYCHOLOGY, OR PUBLIC HEALTH DISCIPLINES. THE CURRENT CLASS B DIRECTORS INCLUDE THE PRESIDENT AND CEO OF THE WESTERN NEW YORK PUBLIC BROADCASTING ASSOCIATION, THE JUST-RETIRED DIRECTOR HEALTH OFFICER OF THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC HEALTH, THE CHIEF EXECUTIVE OFFICER OF THE AMERICAN HEART ASSOCIATION, A FORMER STATE ATTORNEY GENERAL WHO HAS BEEN A NATIONAL LEADER ON TOBACCO ISSUES, AND THE CHIEF EXECUTIVE OFFICER EMERITUS OF THE AMERICAN HEART ASSOCIATION. RECENT FORMER CLASS B DIRECTORS INCLUDE THE PRESIDENT OF THE SOUTHERN CALIFORNIA REGION, KAISER FOUNDATION HEALTH PLAN AND HOSPITALS, THE THEN-ASSOCIATE DEAN FOR PUBLIC HEALTH PRACTICE AT THE HARVARD SCHOOL OF PUBLIC HEALTH, A FORMER PRESIDENT OF THE AMERICAN MEDICAL ASSOCIATION, AN IMMEDIATE PAST PRESIDENT OF THE AMERICAN CANCER SOCIETY, AND A DISTINGUISHED PROFESSOR OF HEALTH AND HEALTH CARE AT THE DEPARTMENT OF MEDICINE OF THE UNIVERSITY OF CALIFORNIA, SAN FRANCISCO. THERE ARE ALSO TWO YOUTH LIAISONS TO THE BOARD OF DIRECTORS WHO MAY CAST NON-BINDING ADVISORY VOTES. AVAILABILITY OF PUBLIC FACILITIES AND SERVICES; PUBLIC PARTICIPATION IN PROGRAMS.LEGACY PROVIDES FACILITIES AND SERVICES DIRECTLY FOR THE BENEFIT OF THE GENERAL PUBLIC ON A CONTINUING BASIS. LEGACY'S TRUTH CAMPAIGN, BEGUN IN 2000, IS THE LARGEST NATIONAL YOUTH SMOKING PREVENTION CAMPAIGN EVER UNDERTAKEN IN THIS COUNTRY; ITS AWARD-WINNING ADVERTISEMENTS, GRASS ROOTS TOURS AND APPEARANCES, AND ON-LINE MEDIA COMMUNICATIONS HAVE PROVIDED THE FACTS TO MILLIONS OF TEENS ABOUT TOBACCO USE AND INDUSTRY MARKETING TACTICS AND HAS BEEN CREDITED WITH A SIGNIFICANT DECLINE IN YOUTH SMOKING RATES. LEGACY HAS RECENTLY LAUNCHED A REDESIGNED AND UPDATED VERSION OF THE TRUTH CAMPAIGN ACROSS MULTIPLE, NATIONAL MEDIA PLATFORMS INCLUDING TELEVISION, SOCIAL MEDIA, AND ON-LINE. LEGACY HAS COMMITTED TO SUPPORTING THE CAMPAIGN WITH A SUBSTANTIAL INVESTMENT OF $171M OVER THE NEXT THREE YEARS. THE NEW CAMPAIGN IS ALREADY REACHING MILLIONS OF YOUTH. ANOTHER NATIONAL PUBLIC SERVICE CAMPAIGN, CODE BLUE FOR LUNG CANCER, WAS LAUNCHED IN 2006 AS A PARTNERSHIP WITH THE NATIONAL ASSOCIATION OF BROADCASTERS. IN 2008, LEGACY AND A COALITION OF PUBLIC HEALTH GROUPS AND STATE PUBLIC HEALTH DEPARTMENTS BEGAN BECOME AN EX, AN INNOVATIVE SMOKING CESSATION CAMPAIGN AND WEBSITE FOR ADULT SMOKERS WHO ARE READY TO QUIT BUT NEED HELP. THE WEBSITE INCLUDES A COMMUNITY WHERE, AT NO CHARGE, SMOKERS CAN PROVIDE AND RECEIVE SUPPORT. THE SITE PROTOCOL WAS DEVELOPED IN CONJUNCTION WITH THE MAYO CLINIC AND MAYO PROVIDES CLINICAL SUPPORT IN THE FORM OF ONLINE INTERACTION WITH THE COMMUNITY. (SEE SCHEDULE O FOR CONTINUATION)
Explanation
Schedule A (Form 990 or 990-EZ) 2013
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.
Information about Schedule O (Form 990 or 990-EZ) and its instructions is at
www.irs.gov/form990.
OMB No. 1545-0047
2013
Open to Public Inspection
Name of the organization
AMERICAN LEGACY FOUNDATION
Employer identification number
91-1956621
Return Reference
Explanation
FORM 990, PART I PART VI, AND PART VII - BOARD COUNT
A TOTAL OF THIRTEEN PERSONS SERVED ON THE BOARD OF DIRECTORS DURING THE FISCAL YEAR. THOSE THIRTEEN ARE SHOWN IN PART VII OF FORM 990. AS OF JUNE 30, 2014 THERE WERE A TOTAL OF ELEVEN VOTING BOARD MEMBERS SERVING THE ORGANIZATION AS DISLOSED IN PART VI, LINES 1A & 1B, AND PART I, LINES 3 & 4.
FORM 990, PART VI, SECTION A, LINE 7A
THE NATIONAL GOVERNORS ASSOCIATION, NATIONAL ASSOCIATION OF ATTORNEYS GENERAL, AND NATIONAL CONFERENCE OF STATE LEGISLATURES EACH HAVE THE AUTHORITY TO APPOINT TWO CLASS A DIRECTORS.
FORM 990, PART VI, SECTION B, LINE 11
PURSUANT TO BOARD RESOLUTION, THE BOARD OBSERVES THE FOLLOWING PROCEDURES IN THE FOLLOWING ORDER: FIRST, THE AUDIT COMMITTEE REVIEWS AND APPROVES THE DRAFT FORM 990; SECOND, THE APPROVED FORM 990 IS ELECTRONICALLY ROUTED TO ALL BOARD MEMBERS; THIRD, THE FORM IS FILED WITH THE IRS AND POSTED TO THE FOUNDATION'S WEB SITE.
FORM 990, PART VI, SECTION B, LINE 12C
LEGACY REGULARLY AND CONSISTENTLY MONITORS AND ENFORCES COMPLIANCE WITH ITS CONFLICT OF INTEREST POLICY BY: REQUIRING ANNUAL REVIEW OF POLICY AND WRITTEN DISCLOSURES BY ALL DIRECTORS, SENIOR STAFF AND RESEARCH INVESTIGATORS WHICH ARE COLLECTED AND REVIEWED BY THE GENERAL COUNSEL; REQUIRING UPDATED FILINGS AS NECESSARY BY DIRECTORS AND COVERED STAFF; REQUIRING CONTEMPORANEOUS DISCLOSURES OF ALL CONFLICTS AND POTENTIAL CONFLICTS NOT DISCLOSED IN THE ANNUAL FILINGS, BY ALL DIRECTORS AND STAFF; REQUIRING ALL RESEARCH INVESTIGATORS WHO PARTICIPATE IN NIH-FUNDED RESEARCH TO COMPLY WITH NIH'S FINANCIAL CONFLICT OF INTEREST (FCOI) REGULATION AND TO ANNUALLY COMPLETE THE NIH TUTORIAL ON CONFLICTS OF INTEREST; AND PLACING ADMINISTRATIVE RESPONSIBILITY FOR TRAINING AND COMPLIANCE WITH THE GENERAL COUNSEL.
FORM 990, PART VI, SECTION B, LINE 15
THE PROCESS FOR DETERMINING THE COMPENSATION OF THE CEO AND TOP MANAGEMENT INCLUDES REVIEW AND APPROVAL BY INDEPENDENT PERSONS, COMPARATIVE DATA AND CONTEMPORANEOUS SUBSTANTIATION. THE BOARD REGULARLY RETAINS AN INDEPENDENT CONSULTING FIRM TO EVALUATE THE COMPENSATION OF THE CEO AND TOP MANAGEMENT AGAINST THE COMPETITIVE MARKET, INCLUDING COMPARABLE POSITIONS AMONG SIMILARLY SITUATED ORGANIZATIONS AS WELL AS BROADER, RELEVANT MARKET SURVEYS. BASED ON THAT ANALYSIS AND PERFORMANCE ASSESSMENTS AND THE REVIEW AND RECOMMENDATION OF THE BOARD'S COMPENSATION COMMITTEE, THE FULL BOARD SETS THE CEO'S COMPENSATION AND APPROVES OR AMENDS THE CEO'S RECOMMENDATION FOR THE COMPENSATION OF THE CFIO, COO, GC, CHIEF MARKETING OFFICER AND EXECUTIVE DIRECTOR OF THE SCHROEDER INSTITUTE. THE CEO MAKES COMPENSATION DECISIONS FOR OTHER KEY EMPLOYEES, UPON RECOMMENDATION OF THE COO.
FORM 990, PART VI, SECTION C, LINE 19
LEGACY'S FINANCIAL STATEMENTS ARE AVAILABLE ON ITS CORPORATE WEBSITE, WWW.LEGACYFORHEALTH.ORG. ITS GOVERNING DOCUMENTS AND CONFLICT OF INTEREST POLICY ARE AVAILABLE TO THE PUBLIC UPON REQUEST.
FORM 990, PART IX, LINE 11G
TEMPORARY SERVICES: PROGRAM SERVICE EXPENSES 16,866. MANAGEMENT AND GENERAL EXPENSES 31,519. FUNDRAISING EXPENSES 0. TOTAL EXPENSES 48,385. CONSULTING: PROGRAM SERVICE EXPENSES 246,998. MANAGEMENT AND GENERAL EXPENSES 128,701. FUNDRAISING EXPENSES 3,706. TOTAL EXPENSES 379,405. CONTRACT SERVICES: PROGRAM SERVICE EXPENSES 28,638,851. MANAGEMENT AND GENERAL EXPENSES 188,441. FUNDRAISING EXPENSES 47,508. TOTAL EXPENSES 28,874,800. BOND FEES: PROGRAM SERVICE EXPENSES 0. MANAGEMENT AND GENERAL EXPENSES 51,100. FUNDRAISING EXPENSES 0. TOTAL EXPENSES 51,100.
FORM 990, PART XI, LINE 9:
UNREALIZED GAIN ON SWAPS 923,565.
SCHEDULE A, PAGE 4, PART IV, FACTS AND CIRCUMSTANCES ANALYSIS
WE CONTINUE TO SUPPORT THE BECOMEANEX.ORG WEB SITE AND THE EX COMMUNITY THROUGH EARNED MEDIA AND PAID ONLINE ADVERTISING. FOR TAX YEAR 2013, THERE WERE MORE THAN 475,000 UNIQUE VISITORS TO THE WEBSITE. IN AN EFFORT TO AVOID THE HARMFUL EFFECTS OF SECOND-HAND SMOKE ON CHILDREN, LEGACY'S HEAD START TOBACCO CESSATION INITIATIVE, BEGUN IN 2004, PROVIDES STAFF TRAINING AND OTHER ASSISTANCE TO HEAD START PROGRAMS SO THEY CAN IDENTIFY TOBACCO USERS IN STUDENTS' HOMES AND REFER THEM TO STATE AND LOCAL CESSATION SERVICES, INCLUDING QUITLINES. LEGACY DEVELOPED A GUIDE FOR COMMUNITY HEALTH CENTERS AND PUBLIC CLINICS SETTING OUT A SYSTEMS-BASED APPROACH TO INTEGRATING CESSATION SERVICES FOR THEIR PATIENTS. WE PROVIDED THE GUIDE, WHICH IS ALSO AVAILABLE ON-LINE, TO EACH STATE TOBACCO CONTROL PROGRAM AND FEDERALLY QUALIFIED HEALTH CENTER. LEGACY'S YOUTH LEADERSHIP INSTITUTE PARTNERS WITH LOCALLY BASED PROGRAMS TO PROVIDE TRAINING AND TECHNICAL ASSISTANCE TO SUPPORT THE EFFORTS OF HIGH SCHOOL STUDENTS INVOLVED IN TOBACCO CONTROL. THE KENNETH E. WARNER LECTURE SERIES AT LEGACY, WHICH IS BROADCAST ON-LINE TO THOUSANDS OF STAKEHOLDERS EACH YEAR, ENCOURAGES A DIALOGUE AMONG PUBLIC HEALTH LEADERS ON KEY TOBACCO POLICY ISSUES. EACH YEAR LEGACY AWARDS THE DR. ALMA S. ADAMS SCHOLARSHIPS TO UNDERGRADUATE AND GRADUATE STUDENTS DEDICATED TO IMPROVING PUBLIC HEALTH AND TO RAISING AWARENESS ABOUT THE RISKS OF TOBACCO USE. LEGACY ALSO SUPPORTS AND CONDUCTS RESEARCH ON THE CAUSES OF TOBACCO ADDICTION AND METHODS FOR CONTROLLING TOBACCO USE, INCLUDING BY YOUNG PEOPLE, AND IT REGULARLY PUBLISHES SCHOLARLY STUDIES WHICH MAKE THE RESULTS OF THIS RESEARCH AVAILABLE THROUGHOUT THE PUBLIC HEALTH AND BROADER SCIENTIFIC COMMUNITIES. IN TAXABLE YEAR 2013 ALONE, LEGACY RESEARCHERS PUBLISHED 40 ARTICLES IN PEER-REVIEWED PUBLICATIONS. FROM 2009 TO 2012, LEGACY EXPERTS CONDUCTED AND/OR SUPPORTED RESEARCH LEADING TO THE PUBLICATION OF 85 ARTICLES IN PEER REVIEWED SCIENTIFIC, MEDICAL AND OTHER SCHOLARLY JOURNALS. THESE PUBLICATIONS AND JOURNALS HAVE INCLUDED THE AMERICAN JOURNAL OF PREVENTIVE MEDICINE, THE JOURNAL OF PEDIATRIC PSYCHOLOGY, THE JOURNAL OF SUBSTANCE ABUSE TREATMENT, PEDIATRICS, THE JOURNAL OF THE AMERICAN MEDICAL ASSOCIATION (JAMA), PLOS ONE, THE AMERICAN JOURNAL OF DRUG AND ALCOHOL ABUSE, THE AMERICAN JOURNAL OF PUBLIC HEALTH, AND THE JOURNAL OF CARDIOPULMINARY REHABILITATION. RECENT LEGACY PUBLICATIONS INCLUDE PROMISE AND PERIL OF E-CIGARETTES: CAN DISRUPTIVE TECHNOLOGY MAKE CIGARETTES OBSOLETE? (JANUARY 2014); A COST-UTILITY ANALYSIS OF LUNG CANCER SCREENING AND THE ADDITIONAL BENEFITS OF INCORPORATING SMOKING CESSATION INTERVENTIONS (2013); TOBACCO CONTROL IN LGBT COMMUNITIES (DEC. 2012); PACIFIC PARTNERS FOR TOBACCO-FREE ISLANDS (MAY 2012); HEAD START TOBACCO CESSATION INITIATIVE (MAY 1012); A HIDDEN EPIDEMIC: TOBACCO USE AND MENTAL ILLNESS (JUNE 2011); AND TOBACCO CONTROL IN LOW SES POPULATIONS (SEPT. 2010).
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