Bill Text: MI SB0428 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Veterans; cemeteries; flags used to mark graves of veterans; require to be American made. Amends secs. 1 & 1a of 1915 PA 63 (MCL 35.831 & 35.831a).
Spectrum: Partisan Bill (Republican 5-0)
Status: (Passed) 2014-02-26 - Assigned Pa 0019'14 With Immediate Effect [SB0428 Detail]
Download: Michigan-2013-SB0428-Engrossed.html
SB-0428, As Passed House, February 13, 2014
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 428
A bill to amend 1915 PA 63, entitled
"An act to provide for the furnishing of suitable flag holders and
United States flags for the graves of veterans who served in the
armed forces of the United States for the marking and designation
of the graves for memorial purposes; and to provide a penalty for
the removal or destruction of the flag holders and United States
flags when placed,"
by amending sections 1 and 1a (MCL 35.831 and 35.831a), as amended
by 2006 PA 627.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) The legislative body of a city, village,
municipality, or township in this state, upon the petition of a
local ,
or recognized veterans'
organization, an affiliate of , a
recognized
veterans' organization, or of 5 eligible voters of the
city, village, municipality, or township, shall procure for and
furnish to the petitioners, at the expense of the city, village,
municipality, or township, a suitable flag holder and United States
flag for the grave of each veteran who served in the armed forces
of the United States and who is buried within the limits of a
public or private cemetery located within the city, village,
municipality, or township. The requirement to provide a suitable
flag holder and United States flag for private cemeteries does not
apply
in the current fiscal year where in which an initial request
for a suitable flag holder and United States flag exceeds 50 graves
within
a particular township, but would apply in the following
immediately
succeeding fiscal year at in that
township.
(2) A flag holder and United States flag shall be placed on
the grave of a veteran for the purpose of marking and designating
the grave for memorial purposes.
(3) A city, village, municipality, or township shall not
purchase flag holders or United States flags assembled or
manufactured outside of the United States if competitively priced
and of comparable quality flag holders or United States flags made
in this state or elsewhere in the United States are available. If a
city, village, municipality, or township purchases flag holders or
United States flags assembled or manufactured outside of the United
States because competitively priced and comparable quality flag
holders or United States flags made in this state or elsewhere in
the United States were not available, that city, village,
municipality, or township shall post on a website maintained by
that city, village, municipality, or township notification that the
city, village, municipality, or township purchased flag holders or
United States flags assembled or manufactured outside of the United
States because competitively priced and comparable quality flag
holders or United States flags made in this state or elsewhere in
the United States were not available, and that city, village,
municipality, or township shall also post on that website the
country of origin of the flag holders or United States flags
purchased. If a city, village, municipality, or township purchases
flag holders or United States flags assembled or manufactured
outside of the United States because competitively priced and
comparable quality flag holders or United States flags made in this
state or elsewhere in the United States were not available, and
that city, village, municipality, or township does not maintain a
website, that city, village, municipality, or township shall post
at its principal office and any other locations considered
appropriate by that city, village, municipality, or township
notification that the city, village, municipality, or township
purchased flag holders or United States flags assembled or
manufactured outside of the United States because competitively
priced and comparable quality flag holders or United States flags
made in this state or elsewhere in the United States were not
available, and that city, village, municipality, or township shall
also post at its principal office and any other locations
considered appropriate by that city, village, municipality, or
township the country of origin of the flag holders or United States
flags purchased. If a city, village, municipality, or township does
not comply with this subsection, that city, village, municipality,
or township is responsible for a state civil infraction and may be
ordered to pay a civil fine of not more than $500.00. As used in
this subsection, "United States" includes territories of the United
States and the District of Columbia.
Sec. 1a. (1) The legislative body of a county in this state,
upon
petition of a local , recognized
veterans' organization, or a
local
affiliate of , a
recognized veterans' organization, or of 5
eligible voters of the county, may procure for and furnish to the
petitioners, at the expense of the county, a suitable flag holder
and United States flag for the grave of each veteran who served in
the armed forces of the United States and who is buried in any
public or private cemetery located within the limits of the county.
(2) A flag holder and United States flag shall be placed on
the grave of a veteran for the purpose of marking and designating
the grave for memorial purposes.
(3) A county shall not purchase flag holders or United States
flags assembled or manufactured outside of the United States if
competitively priced and of comparable quality flag holders or
United States flags made in this state or elsewhere in the United
States are available. If a county purchases flag holders or United
States flags assembled or manufactured outside of the United States
because competitively priced and comparable quality flag holders or
United States flags made in this state or elsewhere in the United
States were not available, that county shall post on a website
maintained by that county notification that the county purchased
flag holders or United States flags assembled or manufactured
outside of the United States because competitively priced and
comparable quality flag holders or United States flags made in this
state or elsewhere in the United States were not available, and
that county shall also post on that website the country of origin
of the flag holders or United States flags purchased. If a county
purchases flag holders or United States flags assembled or
manufactured outside of the United States because competitively
priced and comparable quality flag holders or United States flags
made in this state or elsewhere in the United States were not
available, and that county does not maintain a website, that county
shall post at its principal office and any other locations
considered appropriate by that county notification that the county
purchased flag holders or United States flags assembled or
manufactured outside of the United States because competitively
priced and comparable quality flag holders or United States flags
made in this state or elsewhere in the United States were not
available, and that county shall also post at its principal office
and any other locations considered appropriate by that county the
country of origin of the flag holders or United States flags
purchased. If a county does not comply with this subsection, that
county is responsible for a state civil infraction and may be
ordered to pay a civil fine of not more than $500.00. As used in
this subsection, "United States" includes territories of the United
States and the District of Columbia.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
