(1) The World War II memorial constructed in the Capitol Mall in the City of Salem, Marion County, is an outright permitted use without taking an exception under ORS 197.732 to the statewide land use planning goals or changing the acknowledged comprehensive plan or land use regulations of Marion County. (2) The Department of Veterans Affairs shall: (a) Maintain the finished memorial; (b) Make such modifications as necessary to keep the memorial up to date; and (c) Develop and maintain an accessible educational tool as part of the memorial that provides historical context and information on World War II and the service members and civilians who served during the war, including civilians recognized by the United States Department of Defense for contributing to the defense of Wake Island during the war. (3) Modifications necessary to keep the memorial up to date may include but are not limited to: (a) Adding names of service members who meet the criteria under subsection (4) of this section to the memorial; and (b) Other improvements to the memorial as approved by the Director of Veterans Affairs. (4)(a) A service members name may be added to the memorial if military personnel records confirm that the service member was killed in action in World War II and was either born in Oregon, enlisted in Oregon or had established residency in Oregon prior to enlistment. (b) A service member is considered killed in action if the service member died in theater and: (A) The service members death was caused by enemy action; (B) The service member died of wounds sustained from enemy action; (C) The service members death occurred while the service member was a prisoner of war; or (D) The service member became and remained missing in action during World War II combat operations against the enemy during the period from May 27, 1941, to January 31, 1946. Note: 406.505 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 406 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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