(1) As used in this section: (a) Armed Forces of the United States means: (A) The Army, Navy, Air Force, Marine Corps, Coast Guard and Space Force of the United States; (B) The reserves of the Army, Navy, Air Force, Marine Corps, Coast Guard and Space Force 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. Note: See note under 366.918.
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