Click here for SSA By-Laws in .pdf Format

BY-LAWS

OF

SUNSHINE STATE BMX ASSOCIATION, INC.
(as last amended October 10.1998)


ARTICLE ONE

ORGANIZATION

1.    The name of this organization shall be SUNSHINE STATE BMX ASSOCIATION, INC.

2.    The organization, at its pleasure, by a vote of 3/4ths of the total membership body, change its name at any time.

3.    The organization shall have a seal, which shall be in the following form:
        (SEAL)


ARTICLE TWO

PURPOSES

The following are the purposes for which this organization has been organized:

This organization has been organized as the governing body of all BMX race tracks located in the State of Florida, sanctioned by the National Bicycle League.  The organization shall be responsible for setting the overall policy for BMX organized racing in the State of Florida in conjunction with the sanctioning regulations of the National Bicycle League.  The organization shall serve as a liaison between all NBL sanctioned tracks in the State of Florida and the National Bicycle League and shall be responsible for promotion of NBL sanctioned BMX activities in the State of Florida and further enforcing the rules and regulations governing BMX racing as promulgated by the National Bicycle League and this organization.


ARTICLE THREE

MEMBERSHIP

Every NBL sanctioned race track in the State of Florida shall automatically be a member of this Organization.  Each NBL sanctioned race track in the state of Florida shall be entitled to have its organization represented at any meetings of the Sunshine State BMX Association, Inc.  However, only those NBL sanctioned race tracks that have races at least three NBL races during their current sanction shall be considered to be voting members.  Each voting member shall be entitled to two (2) votes at any meeting of the Sunshine State BMX Association, Inc., which said votes may be cast by two of the local organization's elected officers, track directors, or other elected officials as designated by the local organization to the Sunshine State BMX Association, Inc., or as more fully set forth hereinafter, the local organization may designate one person to carry two (2) votes under certain circumstances.


ARTICLE FOUR

MEETINGS

The annual meeting of the membership for the purpose of election of officers and directors shall be held at a time and place to be designated by the Board of Directors, which said Meeting shall be coordinated to be held at a convenient time and place to accommodate the attendance of as many members of the Association as possible.  Three additional regular meetings of the membership shall be held during the year, at a time and place to be designated by the Board of Directors.  The designation of the time and place of the three additional regular meetings of the membership shall be done in such a manner to insure that the majority of the membership can be expected to be available for the meetings.

The secretary shall be caused to be mailed to every member in good standing, at their address as appears in the membership roll of this organization, a Notice advising the time and place of such meeting which shall not be less that 14 days, nor more than 30 days from the mailing of said notice.  

The presence of not less than 50% of the members shall constitute a quorum and shall be necessary to conduct the business of the organization.  For purposes of these By-Laws and for purposes of constituting a quorum, each local track shall constitute a member, whether or not that track has 2 voting members present at the meeting.  Each local track is entitled to two (2) votes at every meeting of the Sunshine State BMX Association, Inc., which said votes must be cast by two of the local organizations elected officers, track directors or other elected officials as designated by the locals organization of the Sunshine State BMX Association, Inc.  Except for the annual meeting of the Association or for any other meeting involving the election of the Officers and Directors, the local organization may elect to have one person attend the Association's meeting and have two votes.  This may only be done for meetings that are not for election of Officers and Directors and it will only be applicable in the event that the Secretary of the Association has received a designation from the local organization's track director or other elected official at least five (5) days prior to the scheduled meeting, designating one (1) individual from the local organization who is to have two (2) votes for that particular meeting.

It is the intention of these By-Laws that this provision be strictly constructed so as to encourage two voting members from each local organization to be present at all meetings of the Association.  If the local organization does not designate to the Secretary of the Association the name of the local official an that he or she is to have two votes for a particular meeting, in writing, at least five days prior to such meeting, then the local organization sending one person to the Association meeting will have only one vote.  In addition, such designation cannot be a "blanket designation" but must be made and provided herein for each meeting of the Association.  Further, such designated person (having two votes) must be from the local organization and cannot vote at the particular meeting on behalf of any other member track.

Special meetings of this organization may be called by the President when he deems it for the best interest of the organization.  Notices of such meetings shall be mailed to all members at their address as they appear in the membership roll book, at least 14 but not more than 30 days before the scheduled date set for such special meetings.  Such notice shall state the reason that such meeting has been called and the business to be transacted at such meeting, and by whom called.

At the request of a majority of the member of the Board of Directors or a majority of the members of the organization, the President shall cause a special meeting to be called, at such request must e made in writing at least 14 days and not more than 30 days prior to the requested scheduled date.

No other business but that specified in the Notice may be transacted at such special meeting without the unanimous consent of all present at such meeting.


ARTICLE FIVE

VOTING

At all meetings, except for the election of officers and directors, all votes shall be by voice or the raising of hands, except that for election of officers and directors, ballots shall be provided and there shall not appear any place on such ballot any mark or marking that might tend to indicate the person who is running for election.

All Officers and Directors of the Association shall be elected by a majority vote of those entitled to vote pursuant to these By-Laws at the Annual Meeting for the election of Officers and Directors, with the exception of the State Commissioner, Treasurer and the State Clerk of Course.  The State Commissioner shall be elected by a majority of the votes of the Members (Tracks) eligible to vote in accordance with these By-Laws at the Annual Meeting for the election of Officers and Directors.  The Treasurer shall be appointed by the Board of Directors.

For purposes of these By-Laws each local NBL track in the State of Florida shall be a member and those local NBL sanctioned tracks in the State of Florida that have raced three NBL sanctioned races during their present sanction, shall have two votes as described above.  The two votes of any member shall be cast by the local organization's elected officers, track director or other elected officials as designated by the local organization to the Sunshine State BMX Association, Inc.  Each local track is entitled to two (2) votes at every meeting of the Sunshine State BMX Association, Inc., which said votes must be cast be two (2) of the local organizations' elected officials, track director, or other elected officials as designated by the local organization to the Sunshine State BMX Association, Inc.  Except for the Annual Meeting of the Association or any other meeting involving the election of Officers and Directors, the local organization may elect to have one person attend the Association's meeting and have two votes.  This may only be done for meetings that are not for elections of Officers and Directors and it will only be applicable in the enect that the Secretary of the Association has received a designation from the local organization's track director other elected official at least five (5) days prior to the scheduled meeting, designating one (1) individual from the local organization who is to have two (2) votes for that particular meeting.  The foregoing notwithstanding, the number of votes for each track member (to be voted by only two persons from each track) shall be adjusted upwards accordingly, so that in all instances the Officers and Directors of the Association may not have votes that constitute more than 25% of the total voting pool, and the track members of the Association must have at least 75% of the total voting pool.


ARTICLE SIX

ORDER OF BUSINESS

1.    Roll Call.

2.    Reading of the minutes of the proceeding meeting and any actions taken thereon.

3.    Reports of Committees.

4.    Reports of Officers.

5.    Elections of Officers and Directors (when required at an annual meeting).

6.    Old and unfinished business.

7.    New business.

8.    Good and welfare.

9.    Adjournment.


ARTICLE SEVEN

BOARD OF DIRECTORS

The business of this organization shall be managed by a Board of Directors consisting of not less than 7 directors, nor more than 13 directors.

The organization to be chosen for the ensuing year shall be chosen at the annual meeting of this organization in the same manner and style as the officers of this organization and they shall serve for a term of one year.

The Board of Directors shall be responsible for the control and management of the affairs and business of this organization.  Such Board of Directors shall only act in the name of the organization when it shall be regularly convened by its chairman, after due notice to all directors of such meeting.  A majority of the members of the Board of Directors shall constitute a quorum and the meetings of the Board of Directors shall be held regularly as designated by the Chairman of the Board of Directors.

Each member of the Board of Directors shall have only one (1) vote at any Board Meeting, except in the event that the Chairman of the Board of Directors, as more fully defined hereinafter, should also hold another position on the Board of Directors by virtue of the Chairman being the State Race Commissioner and also holding another office in the organization.  In that event that the Chairman of the Board of Directors shall have one vote as the other officer of the organization and shall only one vote as the Chairman in matters to break ties.  In the event that the Chairman of the Board of Directors as the State Race Commissioner does not hold any other position on the Board of Directors, then the Chairman of the Board of Directors may only vote to break ties.

Because of the diversity of the geographical area of this organization, a Board of Directors meeting may be held by telephonic communication or mail, as opposed to an actual "in person" meeting and any such meeting shall be memorialized in written minutes, copies of which shall be provided to the members.

All Board of Directors meetings shall be open to the membership, the Board of Directorship never hold closed meetings and shall either provide the membership with a notice of its meetings or a written report as to the results of those meetings shall be provided to the membership in the event that notice is not practical, such as in the event of a telephonic Board of Directors meeting.

Each director shall have one vote and such voting may not be done by proxy.

The Board of Directors may make, from time to time, such rules and regulations governing its meetings as it may, in its discretion, determine necessary, in addition to those rules and regulations as set forth herein.

Vacancies during the year in the Board of Directors shall be filled by a vote of the majority of the remaining members of the Board of Directors for the balance of the year.

    (deleted 10/10/98)
(A Board of Director of Officer of the Association shall not profit from the sport of BMX.)

The State Race Commissioner, by virtue of that office, shall be chairman of the Board of Directors.  The Secretary of the organization shall serve as the Secretary of the Board of Directors and shall be a member of the Board of Directors.  The remaining members of the Board of Directors shall be constituted by the president of the Sunshine State BMX Association, Inc., the Vice President of the Sunshine State Association, Inc. (if any), the Treasurer of the Sunshine State BMX Association, Inc., the State Points Keeper, the Chief Registrar and Members at Large up to a total of thirteen (13) of the Board of Directors.

In addition to the other powers as set forth herein and the powers vested in the Board of Directors by law, the Board of Directors shall, each year, as it deems necessary, vote upon and appoint the following additional members of the Board of Directors, which shall be considered to be full members of the Board of Directors, carrying a vote at any particular meeting:

1.    State Points Keeper, who shall be responsible for maintaining accurate records of all NBL riders in the State and records of their points for any particular published racing season, all in accordance with the rules as promulgated by the NBL.

2.    Chief Registrar of the State and Clerk of Course, who shall be responsible for the regulation of all riders with regard to an State organized BMX race held in the State of Florida and any National (War of the Stars) race designated to Florida by the NBL, together with the responsibility for the preparation of all moto sheets and other race related paper work in connection with such events.

3.    Treasurer.  The Treasurer shall have the care and custody of all monies belonging to the organization and shall be solely responsible for such monies or securities of the organization.  The Treasurer shall cause to be deposited an a regular business bank account or trust company, a sum not exceeding $5,000.00, and the balance of funds, if any, of the organization, shall be deposited in interest bearing accounts to be insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, except that the Board of Directors may cause such funds to be invested in such investments as shall be legal for a savings bank in the State of Florida.

The Treasurer must be one of the officers who shall sign checks or drafts of the organization.  No special fund may be set aside without the consent of the Board of Directors that shall make it necessary for the treasurer to sign checks issued upon it.  Any two of the following persons may sign checks.

1.    President
2.    State Race Commissioner
3.    Vice President
4.    Treasurer
5.    A fifth person, not related to any of the above, may be selected to comply with the NBL By-Laws.  Said fifth person may be selected above the four, if geographic location make two signatures require impractical for the Treasurer.

The Treasurer shall render, at stated periods, as the Board of Directors shall determine, a written account of the finances of the organization and such report be physically affixed to the minutes of such meeting.

The outgoing treasurer shall render, within 45 days after the election of new officers and directors, a written account of the finances of the organization and the treasurer shall further, within said 45 day period, take whatever action necessary to close the existing account or turn over that account to the incoming treasurer.  Said accounts and the written account of the finances of the organization shall be promptly reviewed by the Board of Directors, which said Board may, if they deem it necessary, hire an independent accountant to verify the written account of the treasurer.

All persons of the organization who are authorized to sign checks may be bonded, in lieu of the two signature requirement as set forth above.

The Treasurer shall exercise all other duties incident to the office of the treasurer.

In addition to the other powers set forth herein and the powers vested in n the Board of Directors by law, the Board of Directors shall, each year, as it deems necessary, vote upon and appoint the following additional officials of the organization, which shall be considered to be officials of the organization but who will not be members of the Board of Directors or carry a vote at any particular meeting:
1.    Director of Public Relations, whose responsibility shall be the coordination of liaisons between State organization, the local tracks, and the media in the State of Florida, including the coordination for the publication of articles in BMX publications as directed by the Board of Directors, and for the placement in said publications of a schedule of NBL sanctioned races to be held at each local track each month.  In addition this person shall be responsible for publication of appropriate brochures and other material as directed by the Board of Directors.

2.    State Promotional Director, shall be responsible for the promotion of NBL sanctioned BMX in the State of Florida.


ARTICLE EIGHT

STATE RACE COMMISSIONER AND OFFICERS

The elected officials of the organization shall be as follows:

1.    State Race Commissioner.

2.    President and Chief Executive Officer.

3.    Vice President (if applicable).

4.    Secretary.

Any person may hold more than one of the above offices, however, if one person does hold more than one office, that person shall have only one vote at membership meeting, except for President, who may vote as the other officer and the President in the event of the necessity to break a tie.

STATE RACE COMMISSIONER:     The State Race Commissioner shall manage the affairs of the State's NBL bicycle moto-cross program and shall be the Chief track Official of the State of Florida.  In addition, the State Race Commissioner shall serve as the official representative from the State of Florida from this organization to the National Bicycle League and shall represent the State at all meetings of the National Bicycle League.

The State Race Commissioner shall, by virtue of the office, be chairman of the Board of Directors.  The State Race Commissioner shall be responsible for recruiting of new NBL sanctioned tracks in the State of Florida.  The State Race Commissioner shall attend all special and regular meetings of the membership.  The State Race Commissioner shall be responsible for coordinating and shall be the final authority for the scheduling of all competition of NBL sanctioned track in the State of Florida.

The State Race Commissioner shall be responsible to see that all local tracks are organized, their personnel are properly trained, and that all local races are carried out in accordance with the rules of this organization and those rules promulgated and interpretation of all rules as such rules are time to time published by the National Bicycle League and this Organization.

The State Race Commissioner shall be responsible for the organization and planning of all State-wide race or other events.

The State Race Commissioner shall be responsible for presenting to the Competition Congress of the National Bicycle League each year, the policies that would be in the best interest of this organization.

The State Race Commissioner shall be responsible for all NBL sanctioned events occurring in the State of Florida.

The State Race Commissioner shall have one vote at each meeting of the membership.

The State Race Commissioner, with the advice of the Board of Directors, shall be responsible for dividing the State into Districts, each containing one or more tracks for purposes of establishing rotations among the track for Qualifying, Five Star or other premium races.

PRESIDENT:     The President shall preside at all membership meetings.

The President shall present at each annual meeting of the organization an annual report of the work of the organization.

The President shall appoint all committees, temporary and permanent.

The President shall see all books, reports, and certificates as are required by law are properly kept or filed.

The President shall have such powers as may be reasonably construed as belonging to the Chief Executive of an organization.

The President shall have one vote at every meeting of the membership, but this vote shall only be exercised if it is necessary to break a tie.

VICE PRESIDENT:     The Vice President in the event of the absence or inability of the President to exercise his office, becoming Acting President of the organization with all rights, privileges, and powers as if the Vice President has been duly executed President.

The Vice President shall have one vote at each meeting of the membership.

SECRETARY:     The Secretary shall keep the minutes and records of the organization in an appropriate manner.  It shall be the Secretary's duties to file any certificates required by statute, State or Federal.

The Secretary shall give and serve all notices to members of this organization as required by these By-Laws.

The Secretary shall be the official custodian of all the records and the seal of this organization.

The Secretary shall attend to all correspondence of the organization and shall exercise all duties incident to the Office of Secretary.

The Secretary shall have one vote at each meeting of the membership.

No officers or directors of this organization, by reason of his office, shall be entitled to receive salary or compensation, other than that in connection with reimbursement for expenses, but nothing herein shall be construed to prevent the Board of Directors from hiring persons and compensating them accordingly.  It being the intention herein that officers and directors of the organization, as designated by the Board of Directors, may be compensated for their expenses in connection with the service to the organization, such as travel expenses, postal expenses, telephone expenses, etc. but said officers shall not be salaried employees.  Nothing herein shall be construed to prevent the Board of Directors from hiring outside employees and compensating them accordingly when the Board of Directors deems it necessary, such as accountants, attorneys, and other persons to perform services for or on behalf of the Association.


ARTICLE NINE

RACING SEASONS AND CHAMPIONSHIP RACES

This organization and its officers and directors shall be responsible for establishing, organizing, and effectuating two separate seasons during any particular calendar year.  The exact dates for the beginning and finishing of each separate racing seasons shall be established from time to time by the Board of Directors, however, generally these seasons shall managed in the following manner:

1.    The State Championship Series, which shall commence on or about the 1st of January each year, and shall end on or about the 31st of May each year, with the State Championship Race to be held at a time and a place shortly after the conclusion of the State Championship Season.

2.    The Sunshine Series (or such other name as designated by the Association) shall commence on or about July 1st of each year, and shall conclude on or about the 30th day of October of each year, with the Series Championship Race to be held shortly thereafter at a time and place to be determined by the Competition Committee.

Each year the Board of Directors shall recommend to the Membership the number of races that are necessary to qualify for the State Championship Series and the Sunshine Series (or other such name as designated by the Board of Directors of the Association), together with other recommendations as to whether each Series should contain Double Point Races, whether the Championship Race should be single, double or triple points, and other matters in connection with the respective Series of championship races.  The Competition Committee shall decide on these recommendations and be the final authority in connection therewith.

The site (the local BMX track as a member of the organization) of the Sunshine State Championship Race and facility for the State Championship Awards Ceremony, shall be chosen by the Competition Committee.

     (deleted 10/10/98)
(The site (or other name) Championship Race shall be located in the central Florida area.  The selection of the Championship Race Site shall be chosen by the Competition Committee.  An effort will be made by the Competition Committee to select a different location each year.  A determination will be made by the Competition Committee to select the best site available for all concerned for the State Championship Race.)

The track selected through the above process for the Series Championship Race or for the State Championship Race, shall receive for that race $6.00 per class rider not including pros or other payback classes.  That particular track selected shall be responsible for preparing its track and maintaining it in such a manner that is consistent with a Championship Race, and further, shall be responsible for the payment for the presence of paramedics on the day of the race and any other facilities it desires at the track on the day of the race, such as tents over the starting gate, etc., and any other facilities and requirements stated in the contracts between the Sunshine State BMX Association, Inc. and the selected State Championship Race location.  The State Association will be responsible for the payment of advertising, purchase of trophies, all paperwork for the race and for the banquet, if applicable, and the particular track chosen shall receive all revenues from its concessions, T-shirt or other food type concessions or other concessions it operates on the day of the race.

For each season, the Competition Committee will determine to the best of it's ability the locations of all Qualifying Races, Five Star Races, or other premium races.  The Competition Committee shall be established to assist the State Race Commissioner.  This committee shall consist of three (3) members of the Officers of the Association, to be selected by the State Race Commissioner.


ARTICLE TEN

EMPLOYEES

The Board of Directors shall hire and fix the compensation of any and all employees which they, in their discretion, determine to be necessary in the conduct of business of this organization.  In addition, the Board of Directors may, from time to time, determine fixed fees to be paid to the State Points Keeper, the State Race Commissioner, or any other officer, director, or appointed official of the organization, as a reimbursement for expenses of that particular official's office, all of the foregoing subject to the approval of the membership.


ARTICLE ELEVEN

FEES AND DUES

The Board of Directors may, from time to time, determine any fees or dues of this association and may fix and determine the amount thereof.  However, any such fees and dues shall be approved by a majority vote of the membership.  The failure of the local BMX track (member) to pay dues to the Association as established from time to time by the Association within a reasonable period of time will result in the following:

1.    The track, although still a member, will no longer be entitled to vote at Association Meetings.

2.    The member failing to pay its dues will no longer be eligible for Qualifier Races, State Championship Races, or Double Point Races.

3.    A member failing to pay its dues will result in riders at that track not receiving points as accumulated by the State Association until all back dues have been paid.

The Association reserves the right, by a majority vote, to waive one or all of the above mentioned sanctions for failure to pay dues based upon the particular circumstances of that particular track.


ARTICLE TWELVE

COMMITTEES

All members of the committees of this organization shall be appointed by the President and their term of office shall be for a period of one year or less if sooner terminated by the action of the President.


ARTICLE THIRTEEN

FISCAL YEAR

The fiscal year of this organization shall be the calendar year.


ARTICLE FOURTEEN

AMENDMENTS

Amendment of these By-Laws may be amended by a vote of the majority of the membership at any annual meeting, regular or special meeting, providing that the substance of the proposed amendment shall have been stated in the Notice of the Meeting.

The By-Laws may be amended when the proposed Amendment has been submitted to the Board of Directors with a request that it be submitted at the next annual or regular meeting of the membership.  The request for Amendment to the By-Laws submitted to the Board of Directors must be submitted at least 45 days prior to the next ensuing or regular meeting.  Upon receipt of a request for Amendment to By-Laws, the Board of Directors shall instruct the Secretary to send a copy of the proposed Amendment to the members, together with the Notice of the next ensuing annual, regular, or special meeting, and thereafter at such meeting, a vote of the majority of the membership may amend the By-Laws.


ARTICLE FIFTEEN

REMOVAL OF OFFICERS, DIRECTORS AND OFFICIALS

The general membership, at any meeting, by a vote of 3/4th of those present, MAY remove any officer or director of this organization, without cause.