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State Motorcycle Safety Administrators

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Article I - Name of the Association

The name of the organization is the National Association of State Motorcycle Safety Administrators (SMSA)

 

Article II - Purposes of the Association

The SMSA is a 501(c)(3) nonprofit organization that aims to support state administered motorcycle safety programs by:


• Influencing national policy and standards for motorcycle safety and education
• Developing national standards for motorcycle safety education and program assessment
• Developing national standards for motorcycle safety instructor qualifications and training
• Fostering communication, collaboration and partnerships
• Supporting research, data collection and data sharing
• Promoting the identification and adoption of best practices

• Providing guidance on adoption and administration of policy and standards

 

Article III - Membership

Section 1.  General

The SMSA shall have three levels of membership: State; Supporting; and Individual. Acceptance of a membership shall not imply or bind the SMSA to support the philosophies or policies of any Member. A member may not use the SMSA's name or logo to promote a Member's business activity without expressed written approval from the SMSA Executive Committee.

Section 2. Member Catagories 

 a. State Member 

 

Each applicant for State Member shall be the state agency or agencies designated by a State to administer and manage its motorcycle safety program or components of that State's program. State Members shall also include the five branches of the United States military.

Each State Member shall designate an individual to serve as its SMSA representative for the purpose of receiving notices and otherwise acting on behalf of the State Member in the conduct of SMSA business.

 

 b.  Supporting Member

 

Each applicant for Supporting Member shall be an incorporated business, a national 39 association, installation of the US military or an organization that actively and continuously supports the reduction of injuries and fatalities associated with motorcycle crashes and promotes responsible motorcycle operation. Each Supporting Member shall designate an individual to serve as its SMSA representative for the purpose of receiving notices and otherwise acting on behalf of the Supporting Member.

 

c.  Individual Member

 

Each applicant for Individual Member shall be an individual actively involved in supporting the reduction of injuries and fatalities associated with motorcycle crashes and promotes responsible motorcycle operation.

Section 3.  Application for Membership

State agencies, organizations, associations, branches of the military or individuals seeking SMSA membership shall complete and submit to the SMSA Executive Committee an application for membership. State and Supporting membership is contingent upon the affirmative vote of a simple majority of all members of the Executive Committee. Upon approval, the SMSA shall invoice the approved applicant for that year's dues. Official membership of all applicants starts when the current year dues are received by the SMSA.

Section 4.  Annual Membership Dues

All SMSA members shall pay annual dues. The amount of the annual membership dues shall be determined by the SMSA Executive Committee and may not be amended more than once in a two-year period. The SMSA Executive Committee shall provide notice to the Members of any impending revision to the annual dues and provide a minimum of 30 business days for comment.

At the conclusion of the comment period, the SMSA Executive Committee shall vote on the proposed revision to the annual dues. Members shall receive notice of the revised annual dues and the effective date of the membership dues.

Each membership, unless otherwise agreed upon by the Executive Committee, is valid for one full year from the join date. The membership expires at the end of the membership term, and a grace period (the amount of time after a membership expires and before a payment is made) of 30 days is offered. During this time the member continues to receive benefits but is ineligible to vote.

Section 5. Termination of Membership

Any Member may elect to cancel their SMSA membership by submitting written notice to the Executive Committee. Upon receipt of the cancellation of membership, the State, Supporting or Individual Member shall no longer be an SMSA Member and will forfeit any privileges associated with membership until such a time they reapply for membership and are approved. The SMSA Executive Committee may revoke a State, Supporting or Individual membership for violation of the SMSA Bylaws, Policies or Mission. The SMSA shall send written notice of grounds for membership revocation. The Member shall have ten business days to respond to the SMSA Executive Committee and request a hearing. If no hearing is requested, the membership shall be revoked. Upon resignation or revocation of membership, such Member shall have no right or interest in any property or assets of the SMSA and shall not be entitled to any refund of dues. Members whose membership has been revoked may reapply for SMSA membership after six months of providing evidence and demonstrating that the grounds 86 for termination have been rectified.

 

a. Hearings


Within thirty days of request of a hearing, a panel shall be appointed by the SMSA Executive Committee to review the facts or mitigating circumstances. Membership privileges shall be suspended until the panel has made its final decision.

Section 6. Membership Classifications

The Executive Committee may establish or eliminate membership classifications in the best interest of the SMSA. The Executive Committee shall establish the membership dues for all new membership classifications.

 

 

Article IV - Voting

Section 1. General 

SMSA Members whose annual dues have been paid in full and are considered in good standing shall have the privilege to vote on SMSA business matters. Specific voting privileges for each membership category are defined in Article IV, Sections 2-5.

Section 2. State Member Voting Privilege 

The person assigned by the State Member to be its Designated Representative and act on its behalf in the conduct of SMSA business shall vote for the State Member.

Section 3. Supporting Member Voting Privilege 

The collective body of Supporting Members shall elect one individual to be its Designated Representative and act on behalf of all Supporting Members in the conduct of SMSA business. This Designated Representative shall vote for all the Supporting Members.

Section 4. Individual Voting Privilege 

The collective body of Individual Members shall elect one person to be its Designated Representative and act on behalf of all Individual Members in the conduct of SMSA business. The Designated Representative shall vote for all the Individual Members.

Section 5. Designating a Representative 

 a. State Member Designated Representative

Each State Member shall designate one person to serve as its Designated Representative to act on its behalf in the conduct of SMSA business.


All State Member Designated Representatives shall be:

• Employed by or under contract with the State Member
• An active participant with specific responsibilities in the Member's motorcycle safety program or activities

Each State Member shall submit to the SMSA Executive Committee, with their annual dues payment, a completed Designated Representative Form containing the following information:

• Member organization or agency
• Representative's name
• Representative's title and position with or relationship to the Member's organization
• Representative's information, including but not limited to current address, phone number(s), and email address

The Designated Representative Form shall be signed by the Member's signatory authority.

It is the responsibility of the Member to maintain a current Designated Representative Form with the SMSA. Votes cast by persons other than those listed as current Designated Representatives shall not be counted.

Only the current Designated Representative of each State Member is eligible for nomination and election to the Executive Committee as Regional Representatives, Members-at-Large or Chairperson.

State Members may change their Designated Representative by submitting a new Designated Representative form to the SMSA Executive Committee Secretary. New or revised Designated Representative forms must be submitted to the Executive Committee Secretary at least one week prior to any meeting where SMSA business will be conducted.


b. Supporting Members' Designated Representative

The collective body of Supporting Members shall elect one person to serve as their Designated Representative to act on their behalf in the conduct of SMSA business.
The Supporting Members' Designated Representative shall be:

• Employed by or under contract with a current Supporting Member
• An active participant with specific responsibilities in the Member's motorcycle safety program or activities

Supporting Members may change their Designated Representative by a simple majority vote of all Supporting Members.

The current Designated Representative of the Supporting Members will serve as the Supporting Members' delegate to the Executive Committee, as outlined in Article VI.


c. Individual Members' Designated Representative

 

The collective body of Individual Members shall elect one person to serve as their Designated Representative to act on their behalf in the conduct of SMSA business.
The Individual Members' Designated Representative shall be:

• An active participant in motorcycle safety

Individual Members may change their Designated Representative by a simple majority vote of all Individual Members.

The current Designated Representative of the Individual Members will serve as the Individual Members' delegate to the Executive Committee, as outlined in Article VI.

 

Section 6. Dual Representation

 

No Member may represent more than one membership category as a Designated Representative within the same term.

 

Section 7. Proxy Ballots

 

A Designated State Representative may identify a temporary Proxy, using the SMSA Temporary Proxy form, from their State program to vote on SMSA business items.

The SMSA elected Supporting Member Representative may identify a temporary Proxy, using the SMSA Temporary Proxy form, to vote on SMSA business items. The temporary proxy must be a SMSA Supporting Member in good standing and be approved in advance by the SMSA Chairperson.

The SMSA elected Individual Member Representative may identify a temporary Proxy, using the SMSA Temporary Proxy form, to vote on SMSA business items. The temporary proxy must be a SMSA Individual Member in good standing and be approved in advance by the SMSA Chairperson.

 

Section 8. Business Matters

 

SMSA members have the privilege to vote on the following business matters:

 

• Approval of the Annual Budget.
• Approval of the 1-Year Work Plan.
• Approval of bylaws.
• Election of the Executive Committee Chairperson.Election of Regional, At-Large, Supporting and Individual member representatives to serve on the Executive Committee.
• Recall of the Chairperson and Executive Committee members.
• Commitment of additional SMSA funds for projects not included in the annual operating budget.

 

Section 9. Voting Quorum

 

A quorum for voting requires a simple majority of the eligible SMSA Members' Designated Representatives.

Votes may be cast as a paper ballot, by verbal response or electronically according to the process established by the Executive Committee.

 

Article V - Meeting of Members

Section 1. Business Meeting 

The SMSA shall have a minimum of one Members' Business Meeting per year to conduct the business of the SMSA. The Executive Committee shall determine the date, time and location.

Meetings shall be presided over by the Chairperson. In his/her absence, successions shall be Vice-Chair, Secretary and Treasurer, respectively. The Secretary or a delegate acting in his/her behalf shall keep meeting minutes.

Section 2. Notice of Meeting

 

The Executive Committee shall notify its Members of the Annual Members' Business
Meeting a minimum of ninety days prior to the date of the meeting. The meeting notice shall include:

• Date
• Time
• Location

Section 3. Quorum

The presence of a majority of the voting Designated Representatives shall constitute a quorum for the transaction of business. If a quorum is not established, no business shall be conducted; however, the meeting may proceed in an unofficial status for informational and discussion purposes only.

a. Definition of Presence

"Presence" shall be defined as active physical or virtual participation, as deemed appropriate for the specific nature and venue of the meeting. Allowable presence to be determined and communicated in advance by the Chairperson.

Section 4. Special Meetings

Special meetings of the SMSA may be called by the Executive Committee by providing notice to the Members identifying:

• Reason for the special meeting
• Date
• Time
• Location

A quorum must be established prior to conducting a special meeting. To ensure a quorum will be present, the Designated Representatives shall confirm their attendance with the Executive Committee Secretary a minimum of 15 business days prior to the proposed meeting date.

 

Section 5. Petitioned Meeting

 

Members may petition to hold a special meeting by obtaining the names and signatures of a simple majority of Designated Representatives. The petition shall be in writing and include:

• Reason for the special meeting
• Date

• Time
• Location
• Name of Member Requesting the Meeting
• Names of Designated Representative
• Signatures and Dates by which Designated Representatives signed the petition
Upon receipt of the petition, the SMSA Executive Committee shall have forty-five days to schedule and hold a petitioned meeting.

 

Section 6. Circulation of a Petition

 

All petitions shall be submitted to the Executive Committee Chairperson. The Chair shall have ten business days to verify petition information and initiate the action(s) to conduct a petitioned meeting.

 

Article VI - The Executive Committee

Section 1. Number and Composition 

The SMSA Executive Committee shall have nine voting members. All individuals nominated for and elected to the Executive Committee shall be Designated Representatives of Members in good standing. The SMSA Executive Committee will be comprised of:

• One Chairperson
• Three Regional State Member Representatives, one from each of the three regions (East, Central and West). In the event that no State Member Designated Representatives from a specified region are willing to run for election, the Executive Committee may facilitate an election for an additional At-Large Representative.
• Three At-large State Member Representatives, from State Members of any region
• One Supporting Member Designated Representative from the collective body of Supporting Members
• One Individual Designated Representative from the collective body of Individual Members

Section 2.  Chairperson

 The Chairperson shall be elected by the voting representatives in even-numbered calendar years. Only Designated Representatives from State Members in good standing are eligible for election to the office of Chairperson of the SMSA Executive Committee.

State Member Designated Representatives interested in running for Chairperson shall give written notice of intent to run to all SMSA Members by June 1 of election years (even numbered years). This notice of intent to run shall include:

• Candidate's name
• State Member's name
• Candidate's qualifications

The Chairperson is limited to two consecutive terms. The incumbent Chairperson will give notice of intent to run for re-election to the SMSA Members by June 1 of each even numbered year.

When a vacant position on the Executive Committee is created by the election of the Chairperson, that vacancy shall be filled during an election by the Designated Representatives, as appropriate for that vacant position.

The Chairperson of the Executive Committee shall preside over all the affairs of the SMSA and its officers and shall perform all the duties identified by herein the SMSA Bylaws and such further duties as may, from time to time, be required.

Chairperson duties include:

• Calling and presiding over Executive Committee and Annual Member's Business meetings
• Formulating and promoting SMSA motorcycle safety and operation policies
• Overseeing and administering the SMSA five-year strategic plan and annual work plan
• Representing or delegating a representative for the SMSA at motorcycle safety events, conferences and meetings with federal and state agencies
• Testifying or delegating an SMSA representative for the purpose of testifying, as required, on motorcycle safety issues, national policy and standards
• Ensuring the fiscal stability of the SMSA by working with the SMSA Treasurer and Executive Committee to develop realistic annual budgets
• Having signature authority for the SMSA

The Chairperson shall not have the authority to enter into contractual agreements that financially obligate the SMSA without the formal approval of the Executive Committee.


a. Ex Officio

 

The most current past Chairperson may continue to serve on the Executive Committee as an ex officio member. The ex officio member position is optional and voluntary for the past Chairperson. Ex officio members may participate in discussions but may not make formal motions or vote on Executive Committee business. The SMSA is not obligated to provide financial assistance for the ex officio to attend business meetings and/or conferences.

Section 3. Regional State Representatives 

The Executive Committee shall have three Regional State Representatives, one from each of the three regions (East, Central and West). Only Designated Representatives from State Members in good standing are eligible for election to serve as Regional Representatives.

Regional State Representatives shall be elected in even-numbered years. Terms are for two years Regional State Representatives are limited to three consecutive terms.

If a Regional Representative vacates his or her seat, the Executive Committee will facilitate an election within that region to elect a new Regional Representative within sixty days of the vacancy. The new Regional Representative will serve the remaining term of the vacated seat.

If none of the State Member Designated Representatives from a specified region are willing to run for election, the Executive Committee may facilitate an election among all regions to elect an additional At-Large Representative.

Section 4. At-large State Representatives

The Executive Committee shall have three At-large State Representatives from any of the three regions (East, Central and West). Only Designated Representatives from State Members in good standing are eligible for election to serve as At-large Representatives.

At-large State Representatives shall be elected in odd-numbered years. Terms are for two years. At-large State Representatives are limited to three consecutive terms.

If an At-large Representative vacates his or her seat, the Executive Committee will facilitate an election among all regions to elect a new At-large Representative withinsixty days of the vacancy. The new At-Large Representative will serve the remaining term of the vacated seat.

Section 5. Supporting Member Representative

Supporting Members shall elect one person as their Designated Representative who will vote on behalf of all Supporting Members and serve on the SMSA Executive Committee. The Supporting Member Representative shall be elected in odd-numbered years and shall serve a two-year term. The Supporting Member Representative is limited to three consecutive terms.

If the Supporting Member Representative vacates his or her seat, the Executive Committee will facilitate an election among Supporting Members to elect a new supporting Member Representative within sixty days of the vacancy. The new Supporting Member Representative will serve the remaining term of the vacated seat.

 

Section 6. Individual Member Representative

 

Individual Members shall elect one person as their Designated Representative who will vote on behalf of all Individual Members and serve on the SMSA Executive Committee. The Individual Member Representative shall be elected in even-numbered years and shall serve a two-year term. The Individual Member Representative is limited to three consecutive terms.

If the Individual Member Representative vacates his or her seat, the Executive Committee will facilitate an election among Individual Members to elect a new Individual Member Representative within sixty days of the vacancy. The new Individual Member Representative will serve the remaining term of the vacated seat.

 

Section 7. Executive Committee Meetings

 

The Executive Committee shall hold meetings to conduct SMSA business. Meetings of the Executive Committee may be called by the Chairperson or by a simple majority of the members of the Executive Committee and may be conducted face-to-face, via teleconference, and/or other appropriate meeting formats.

Notice stating the time and place of any Executive Committee meeting, except the Annual Members' Business Meeting, shall be given at least thirty days prior to the date of the meeting. A majority of the Committee shall constitute a quorum. Each Executive Committee member shall have one vote, with the exception of the ex officio member who does not have voting privileges.

 

Section 8. Powers of the Executive Committee

 

The Executive Committee shall manage the affairs of the SMSA consistent with the law, the Articles of Incorporation, and the Bylaws. Powers include, but are not limited to:

• Establish the fiscal year
• Initiating and administering all matters involving policies, programs, transactions and contractual obligations
• Guiding and counseling the officers of the SMSA in the fulfillment of their responsibilities
• Evaluating the needs of the SMSA and implement programs to meet them
• Determining persons authorized to sign checks, drafts, or other orders for the payment of money in the name of the SMSA
• Reviewing and approving periodic statements of fiscal operations
• Electing the Vice-Chairperson, Secretary, and Treasurer
• Determining duties and compensation of offices of Chairperson, Vice-Chairperson, Secretary, and Treasurer
• Establishing, changing the membership of, and discontinuing committees
• Facilitating elections for filling Executive Committee Representative vacancies

The Executive Committee may enter into agreements with organizations or individuals to assist the Committee in managing the affairs of the SMSA and to complete projects in the approved work plans. The Executive Committee may not relinquish to any organization or individual its authority and responsibility to control and manage the affairs of the SMSA. The Executive Committee members are duty-bound to oversee and supervise their area of responsibilities as discharged by any organization or individual with which SMSA has entered into an agreement.

 

 

Article VII - Executive Committee Officers Duties

Section 1. General

 

The officers of the SMSA shall be a Chairperson, a Vice-Chairperson, a Secretary and a Treasurer of the Executive Committee. The Chairperson is elected in accordance with the provisions of ARTICLE VI, Section 2. The Executive Committee shall elect one of its members to be the Vice-Chairperson, one to be Secretary, and one to be Treasurer by the affirmative vote of a simple majority.

A Representative's officer title and duties may be removed at any time by the affirmative vote of two-thirds of the members of the Executive Committee. That individual may continue to serve on the Executive Committee unless action is taken pursuant to Article III, Section 5.

 

Section 2. Vice-Chairperson

 

Upon absence, disability, or resignation of the Chairperson, the Vice-Chairperson shall immediately assume the office and all responsibilities of the Chairperson.

The SMSA Vice-Chairperson shall be responsible for overseeing and managing all active SMSA business contracts and perform such other duties as may be assigned by the Chairperson or the Executive Committee and all duties usually incident to the office of Vice Chairperson.

Only Designated Representatives from State Members in good standing are eligible for election to the office of Vice-Chairperson of the SMSA Executive Committee.

 

Section 3. Secretary

 

The SMSA Executive Committee Secretary shall:
• Publish all required notices and keep the minutes of SMSA meetings
• Keep attendance at all such meetings
• Maintain the official records of the SMSA
• Be responsible for keeping an accurate, up-to-date list of all members of the SMSA
• Keep safe and maintain the Corporate Seal and the Bylaws of the SMSA
• Perform such other duties as may be assigned by the Chairperson or the Executive Committee and all duties usually incident to the office of Secretary
• Maintain a list of annual deliverables and tasks that shall be completed by the SMSA Executive Committee and provide periodic status reports

Upon absence, disability, or resignation of the Chairperson, where the Vice-Chairperson is not able to assume the duties of the Chairperson, the Secretary shall immediately assume the office and all responsibilities of the Chairperson.

Upon approval of the Executive Committee, selected duties of the Secretary may be fulfilled by specifically appointed organizations or individuals. The Secretary shall maintain direct supervision of all delegated tasks.

Only Designated Representatives from State Members in good standing are eligible for election to the office of Secretary of the SMSA Executive Committee.


Section 4. Treasurer

 

The SMSA Executive Committee Treasurer shall:

• Keep and maintain the financial records of the SMSA
• Collect all dues
• Receive and have charge of all moneys, bills, notes and similar property belonging to the SMSA
• Keep such financial accounts as may be required by the Executive Committee
• Present reports of the finances of the SMSA at annual meetings and at any other time the Executive Committee may direct
• Co-sign checks when necessary
• Arrange annual audits, reviews, tax preparations and required filings
• Ensure sound business practices are established and followed to ensure the future financial solvency of the SMS
• Perform such other duties as may be assigned by the Chairperson or the Executive Committee and all duties usually incident to the office of Treasurer

Upon absence, disability, or resignation of the Chairperson, where the Vice-Chairperson or Secretary is not able to assume the duties of the Chairperson, the Treasurer shall immediately assume the office and all responsibilities of the Chairperson.

Upon approval of the Executive Committee, selected duties of the Treasurer may be fulfilled by specifically appointed organizations or individuals. The Treasurer shall maintain direct supervision of all delegated tasks.

Only Designated Representatives from State Members in good standing are eligible for election to the office of Treasurer of the SMSA Executive Committee.


Section 5. Bonds

 

The members of the SMSA Executive Committee shall be bonded for the faithful performance of duties. The cost shall be paid by the SMSA.

 

 

Article VIII - Notice

Wherever in these Bylaws notice is required to be given, such notice shall be deemed to have been delivered and received if addressed to the Member or Member's Designated Voting Representative, as the case may be, at the address as it appears on the records of the SMSA.

 

Article IX - Dissolution

Upon the dissolution of the SMSA, any assets not otherwise provided for by law shall be liquidated and used to cover any outstanding debts or be distributed to any one or more nonprofit organizations as selected by the SMSA Executive Committee.

 

 

Article X - Amendments

 

These Bylaws may be altered, amended, added to or repealed, and new Bylaws adopted by the affirmative vote of a simple majority of voting Designated Representatives. The voting Designated Representatives shall receive thirty days' notice of the intention to so alter, amend, add to or repeal, or to adopt new Bylaws.

 

Article XI - Fiscal Management

Section 1.  Fiscal Year

The SMSA's fiscal year shall begin January 1 of each year and end December 31 of each year.

Section 2.  Annual Budget

The Executive Committee shall prepare, distribute and receive approval of an annual budget for the upcoming fiscal year by December 1 of each year. The annual budget shall be based on projected income, operational costs and projects to be completed from SMSA's Annual Work Plan. The Executive Committee may not develop an annual budget or commit funds to projects or activities that could endanger the financial solvency of SMSA. This budget shall be approved by a simple majority of the eligible Designated Representatives.

Section 3.  Annual Financial Report

The SMSA Executive Committee shall distribute to the SMSA Membership an Annual Financial Report by March 1 of the following year. The Annual Financial Report shall provide a detailed description of SMSA's previous year's income and expenditures.

 

These are the most current Bylaws of the NATIONAL ASSOCIATION OF STATE MOTORCYCLE SAFETY ADMINISTRATORS effective October 1st, 2016

 

 

 

 
     

 

Copyright @2017 by the National Association of State Motorcycle Safety Administrators