SB-0428, As Passed Senate, October 2, 2013

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 does not

comply with this subsection, any resident of that city, village,

municipality, or township may bring an action by mandamus under

chapter 44 of the revised judicature act of 1961, 1961 PA 236, MCL

600.4401 to 600.4431, in any court of competent jurisdiction. If a

resident of a city, village, municipality, or township prevails in

an action by mandamus under this section, the court shall award

that resident reasonable attorney fees and costs incurred. 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

does not comply with this subsection, any resident of that county

may bring an action by mandamus under chapter 44 of the revised

judicature act of 1961, 1961 PA 236, MCL 600.4401 to 600.4431, in

any court of competent jurisdiction. If a resident of a county

prevails in an action by mandamus under this section, the court

shall award that resident reasonable attorney fees and costs

incurred. As used in this subsection, "United States" includes

territories of the United States and the District of Columbia.