Oregon Statutes 366.931 – Roadside memorial signs; Armed Forces of the United States; fees; rules
(1) As used in this section:
Terms Used In Oregon Statutes 366.931
- Any other state: includes any state and the District of Columbia. See Oregon Statutes 174.100
- Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
- Department: means the Department of Transportation. See Oregon Statutes 366.005
- Dependent: A person dependent for support upon another.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(a) ‘Armed Forces of the United States‘ means:
(A) The Army, Navy, Air Force, Marine Corps and Coast Guard of the United States;
(B) The reserves of the Army, Navy, Air Force, Marine Corps and Coast Guard of the United States; and
(C) The Oregon National Guard and a National Guard of any other state or territory.
(b) ‘Gold Star Family member’ means a person who is a parent, sibling, spouse or dependent of a person who was killed in action during an armed conflict while serving in the Armed Forces of the United States.
(c) ‘Sibling’ includes siblings of the whole or half blood and siblings by adoption, marriage or domestic partnership.
(2) To recognize and honor those who were killed in action or who died as a result of wounds received in action while serving in the Armed Forces of the United States, the Department of Transportation shall erect and maintain a Fallen Hero roadside memorial sign if:
(a)(A) The Legislative Assembly adopts a concurrent resolution that recognizes the individual killed in the line of duty; or
(B) The individual killed in the line of duty was formerly designated as either a prisoner of war or unaccounted for by the Defense POW/MIA Accounting Agency and the remains of the individual have been recovered and identified; and
(b) The department receives the payment of a fee determined by the department under subsection (3) of this section.
(3) The department shall determine the amount of the fee required under subsection (2)(b) of this section by rule. The fee may not exceed the direct and indirect expenses associated with erecting, maintaining and removing a roadside memorial sign.
(4) The department shall deposit the fees that the department collects under this section into the Roadside Memorial Fund established under ORS § 366.932.
(5) Except as provided in subsection (6) of this section, a public body, as defined in ORS § 174.109, may not expend moneys for the purpose of paying the fee required under this section.
(6) The department shall waive the fee required under this section and expend moneys for the purpose of paying the fee required under this section if:
(a) A request to waive the fee is submitted by a Gold Star Family member; and
(b) Funds are appropriated by the Legislative Assembly or otherwise made available to the department for the purpose of paying the fees.
(7) The department, by rule, shall establish the size, design and location of a roadside memorial sign erected under this section. The sign must include the name of the individual the sign is recognizing. [2013 c.381 § 1 and 2013 c.391 § 2; 2015 c.47 § 1; 2019 c.384 § 11; 2021 c.91 1,2; 2023 c.236 § 1; 2023 c.330 § 1]
See note under 366.918.