Organization: Magic Valley ATV Riders, Inc.
Date Adopted: December 17, 2007
BY-LAWS
ARTICLE I – Name, Purpose and Mission
Section 1 The name of this club shall be Magic Valley ATV Riders, Inc. (MVATVR, the club)
Section 2 The purposes of this club are:
A. To stimulate and advance the general welfare and use of Recreational ATVing;
B. To provide a medium for the exchange of ATVing information;
C. To develop a fraternal spirit among local ATVers and other recreational enthusiasts;
D. To educate and promote safe and responsible use of ATV’s;
E. To cooperate and work with public land managers and public officials to improve the quality and quantity of ATV riding opportunities;
F. To work with other groups, appointed officials and elected officials to oppose any legislation, regulations or actions which could be considered unfair or could restrict the use of ATV’s without due cause;
G. To perform all desirable and lawful functions for the successful operation of the club
Section 3 The mission of the club is to bring together ATV enthusiasts to:
Promote, Enjoy, and Protect responsible ATV activities.
ARTICLE II – Club Rules
A. All ATV's (as defined by Idaho state law and public land agencies) / Sponsored Members/ Dependants And Or Visitors Should Be In Compliance With Idaho State Laws Regarding Registration & Insurance, and will abide by all applicable ATV laws.
B. All members / guests will abide by all motor vehicle laws.
C. All Members /Dependants And Or Visitors Are Responsible For What You Carry In, You Carry Out
D. All Members / Sponsored Members Dependants And Or Visitors Are To Act In, A Manner That Is Non Detrimental To The Club
E. All Members / Sponsored Members And Or Visitors Are To Stay On The Trails On All Rides (Remember It’s a Privilege That We Are Allowed To Ride These Trails)
F. All Members / Sponsored Members, Dependants And Or Visitors Who Violate These Rules Are Subject to Actions Of The Club's Officer's and Board of Directors That Could Result Up To And Include Being Asked To Leave The Club
ARTICLE III- Addresses
The mailing address of the club shall be P.O. Box 0767 Twin Falls, Id. 83303-0767, or if post office boxes are not acceptable, the address shall be the address of the current President.
ARTICLE IV - Membership
Section 1 - Active membership is available to all ATV owners and enthusiasts without regard to sex, race or religious beliefs.
Section 2 - Active membership shall extend to all members of a co-habituating family.
A. The definition of a co-habituating family shall be 1 or 2 adults over the age of 18, and all children under 18 years of age.
B. A family membership will entitle the family to one or two votes depending on the number of adult family members.
Section 3 - Applications for membership shall be made in writing addressed to the Secretary of the club on the appropriate application for membership form containing an agreement signed by the applicant to abide by the required dues and bylaws of the club.
Section 4 - A member may resign from the club at any time upon written notice to the Secretary.
Section 5 - Membership in the club can be terminated by majority vote of the Board of Directors for any action not consistent with the By-laws of the club. Termination of any member shall not release said member from the obligation to pay all dues and other amounts owed for the period of membership. Failure to pay dues in a timely manner will result in automatic termination of the member.
Section 6- There shall be at least six people comprising the total organization membership for it to continue.
Section 7 - The term of membership shall be one year. New members who join after July 31st shall pay one half of the yearly rate. New members who join after November 1st will be credited for the following year’s dues.
ARTICLE V - Dues
Section 1- The amount of dues as well as the time for their payment shall be determined from time to time by action of the Board of Directors.
Section 2 - The dues payable to this club shall be sufficient to include membership.
ARTICLE VI - Fiscal Year
Section 1-The fiscal year of the club shall commence on the first day of January and end on the thirty-first day of December.
ARTICLE VII- Management
Section 1- The management of the club is vested in the Board of Directors.
ARTICLE VIII - Officers
Section 1 - The officers of the club shall be: President, Vice-President, Secretary, and Treasurer. Other officer positions may be added at the discretion of the Board of Directors.
Section 2 - The Board members shall be nominated and elected from the membership by plurality vote of those in attendance at the membership meeting held in November. The Board of Directors shall elect the officers. In the event of a tie vote for board members at the membership meeting the Board of Directors will be the deciding vote. The Board of Directors at any Board meeting shall fill vacancies occurring between such elections for the unexpired term. Any Board member is eligible for re-election to successive terms. Board members are elected for one year.
Section 3 - The board of directors shall elect all officers.
Section 4 - All officers shall take office on January 1 and hold office for a term of one year or until their successors have been elected and qualified.
Section 5 - The President shall be the chief executive officer of the organization. The President shall preside at all meetings of the club and of its Board of Directors and shall oversee and coordinate such committees as authorized by the Club. He or she shall be a member ex-officio of all such committees and shall carry on those other responsibilities assigned to him or her by these bylaws and the Board of Directors. The President shall appoint all standing committees and special committees of the club.
Section 6 - The Vice-President during the absence or temporary incapacity of the President shall perform the duties and have the powers of the President.
Section 7 - The Secretary shall keep all club records, except financial records, including minutes of meetings, roster of members, list of committees and their members; shall send out notices of meetings, received applications for membership, and discharge all of the usual secretarial functions of the office required by these bylaws. The club Secretary will file on annual basis the corporate update with the Secretary of State of the state of Idaho, and file the form 990-N postcard with the Internal Revenue Service.
Section 8 - The Treasurer shall keep all financial records of the club and have charge of its funds. He or she shall keep all of the funds in a bank approved by the Board of Directors and in the name of the club. He or she shall disburse such funds of the club under direction of the Board of Directors. Withdrawals shall be made by check signed by 2 officers. A Treasurer's report shall be prepared for each Board Meeting and membership meeting. Annual financial report shall be prepared and submitted to the board of directors for their approval.
Section 9 - The Board of Directors shall be the governing body of the club. All matters affecting the policies, the Board of Directors shall decide aims and means of accomplishing the purposes of the club not specifically provided for in these By-Laws. The board shall meet at the call of the president or of a majority of the members of the board. A majority of the members of the Board of Directors shall be required for a quorum. The Board of Directors shall consist of not less than six (6) members and a maximum of ten (10) members. All officers are Board members by virtue of their office. Each past president who is a member in good standing is automatically a Board member. To be eligible for election and continued Board membership, any person must be a member of the Organization and in good standing. Board members will attend at least 50% of the General and Board meetings; any Board member not fulfilling this part of their job will be removed by the Board of Directors by a super majority vote of at least 60%.
Section 10 - All officers shall have such other powers and duties as required by law.
Section 11- Removal of officers - Any officer not doing their job under these bylaws may be removed by a majority vote of the Board of Directors, or at a regularly scheduled meeting with 30 day notice to the membership.
Section 12- No Board member shall expend funds without the approval of the Board of Directors.
ARTICLE IX - General Membership Meetings
Section 1 - Regular meetings of the members of the club shall be held monthly or otherwise, at the time and place fixed by resolution at the previous meeting or as designated by the President or by the Board of Directors.
Section 2 - Special meetings of the club may be called by the Board of Directors, or by the President, or by any group of 15 active members by giving adequate notice of the time, place and purpose of such special meetings.
Section 3 - Written notices of the time and place of all meetings of the membership shall be prepared and distributed to the membership by the Secretary.
Section 4 - The active members present at any duly called meeting shall constitute a quorum. Any formal action taken at any meeting of the membership shall require a majority vote of these active members present.
ARTICLE X - Election Procedures
Section 1 - A "qualified member" is an active member age 18 or older whose dues are paid.
Section 2 - All regular elections shall be held at the November meeting.
Section 3 - To be eligible for office a member must be a qualified member.
ARTICLE XI - Miscellaneous Provisions
A. Roberts Rules of Order revised shall be the guide in all cases to which they are
Applicable and in which they are not inconsistent with these bylaws.
B. Corporate liability for members/officers/agents will only be applicable when said persons are acting on behalf of the Corporation.
ARTICLE XII - Amendments
Any of these Bylaws may be altered, amended or repealed, and new bylaws may be adopted by a two-thirds majority of a quorum of the Board during a meeting called for that purpose.
ARTICLE XIII - Splitting of the Club
If the club should split, the assets and liabilities shall be distributed in proportion to the continuing and splitting members. The Board of Directors shall determine the value of the current assets and shall determine which assets shall remain with the current club and which shall be transferred to the splitting club.
ARTICLE XIV – Prohibition against Personal Financial Gain
No Board member, officer employee, member or any other person connected with the corporation shall receive at any time any of the net earnings of the corporation. Further, no such person shall be entitled to share in the distribution of any of the corporation assets upon dissolution of the corporation. All members of the corporation shall be deemed to have expressly consented and agreed that upon dissolution or winding up of the affairs of the corporation, the assets of the corporation that remain after all debts have been satisfied shall be distributed, transferred, conveyed, delivered and paid in a manner consistent with Idaho Code § 30-3-109
ARTICLE XV - Dissolution
In the event that this club shall disband, all assets shall be disbursed to nonprofit organizations as determined by the Board of Directors. If within 2 years of the date of Incorporation, the club dissolves all remaining assets after all bills and obligations are met will be disbursed to the Magic Valley Trail Machine Association Inc.
The foregoing bylaws were approved by a two-thirds majority of a quorum of the Board of Directors
Dated: December 17, 2007
Revised September 07, 2008
Revised November 24, 2009
Patricia Mai
Secretary