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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6453 July 21, 1987 MUNICIPAL CORPORATIONS: Use of public funds to secure flags and flag holders for graves of veterans VETERANS: Flags and flag holders for graves Public funds of a city, village, or township may be used to provide flags and flag holders for the graves of all veterans buried in cemeteries meeting the requirements of 1915 PA 63, regardless of the former residency of the veterans. Honorable Gary L. Randall State Representative The Capitol Lansing, Michigan 48909 You have requested my opinion as to the legality of using public funds for the purpose of providing flags and holders for the graves of veterans buried in a private cemetery within the boundaries of a municipality where the veterans have never been residents of the municipality. As stated in its title, 1915 PA 63, MCL 35.831 et seq; MSA 4.1351 et seq, provides for the furnishing, at public expense, of flags and flag holders for the graves of honorably discharged airmen, soldiers, sailors, and marines, who served in the armed forces of the United States, for the marking and designation of the graves for memorial purposes, and for a penalty for the removal or destruction of the flag holders and flags when placed. MCL 35.831; MSA 4.1351, states: "The legislative body of a city, village, or township in this state, upon the petition of 5 eligible voters of the city, village, or township, shall procure for and furnish to the petitioners, at the expense of the city, village, or township, a suitable flag holder and flag for the grave of each airman, soldier, sailor, and marine who served in the armed forces of the United States and who is buried within the limits of the city, village, or township, within the limits of a cemetery belonging to the city, village, or township, or within the limits of a cemetery generally used by the population of the city, village, or township for burial purposes and which is not controlled by the township authorities in the township where the cemetery is located. The flag holder and flag shall be placed on the grave of each airman, soldier, sailor, and marine for the purpose of marking and designating the grave for memorial purposes." No language is found in the act which limits the application of the Act to the graves of veterans who were residents of the city, village, or township prior to the time of their death. It is a cardinal rule of statutory construction that the Legislature must be held to intend the meaning which it has plainly expressed and there is no room for construction or attempted interpretation to vary that meaning. Dussia v Monroe Co Employees Retirement System, 386 Mich 244; 191 NW2d 307 (1971). It is my opinion, therefore, that in 1915 PA 63, MCL 35.831 et seq; MSA 4.1351 et seq, the Legislature has authorized the use of city, village, or township funds to provide flags and flag holders for the graves of all veterans buried in cemeteries which meet the requirements of the statute, regardless of the former residency of the veterans. Frank J. Kelley Attorney General
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