Duties of commission in detail General duties of commission tions shall be fixed licenses or the equalization of property valuations as said commission may demand; Sixth To summon witnesses to appear and testify on any subject material to the determination of property valuations, licenses, or the net proceeds of mines, but no property owner, and no officer, director, superintendent, manager or agent of any company or corporation, whose property is wholly in any one county, shall be required to appear, without his consent, at a place other than the county seat or at the nearest town to his place of residence, or the principal place of business of such company or corporation. Such summons may be served by personal service by any member of said commission, or by its secretary, or by the sheriff of the county, and who shall certify to such service without compensation therefor. Any member of said commission may administer oaths to witnesses; Seventh To make diligent investigation with reference to any class or kind of property believed to be escaping just taxation; and in pursuance whereof, said commission or any commissioner thereof, may examine the books and accounts of any person, copartnership, or corporation, doing business in the state, when such examination is deemed necessary to a proper determination of the valuation of any property subject to taxation, or the determination of any licenses for the conduct of any business, or the determination of the net proceeds of any mine; Eighth: To take charge of and superintend the enforcement of any direct or collateral inheritance law, that may be enacted, and the collection of taxes which may be due the state thereunder. The enumeration of the said foregoing eight special powers shall not be construed as excluding the exercise of any needful and proper power and authority of said commission, in the exercise of its general supervision and control over the entire revenue system of the state not in conflict with law. Commission to Establish Assessment Valuations on Certain Property. SEC. 5. At the regular session of said commission held on Property on the second Monday in January of each year, said commission which valua shall establish the valuation throughout the state on any property which in its judgment may be assessed more uniformly by said commission than by the various assessors and which shall in any event include: The property of all railroad, sleeping-car, street railway, traction, telegraph, telephone and electric light and power companies, together with the franchises under which the same may be operating and the property and franchises of all express companies operating on any common-carrier in this state, and which foregoing shall be Valuation of assessed as follows: Said commission shall establish the valu franchises, etc. ation of the franchises, roadways, roadbeds, rails, bridges, tion construed lands rolling-stock, poles, wires, fences, pipes, canals, conduits, rights of way, and other property, or any part thereof, used directly in the operation of any such business of any such company in this state, as a collective unit; and if operating in more than one county, on establishing such unit valuation for the collective property said commission shall then proceed to determine the total aggregate mileage operated within the Unit valuastate, and within the several counties thereof, and so apportion the same upon a mile-unit valuation basis, and the number of miles so apportioned to any county shall be subject to assessment in that county according to the mile-unit valuation so established by said commission. The word "companies" "Companies" shall be construed to mean and include any person or persons, company, corporation or association engaged in the business described. And said commission shall also classify and establish class valuations on all ordinary live stock in valuation of each of the several counties; and may, in its discretion, dis- live stock trict the state geographically in land assessment districts (exclusive of land within any incorporated or unincorporated town or city, or right of way) according to relative uniformity of land valuations, and establish minimum acreage valuations for such classes in each such district; provided, that Proviso if in the opinion of said commission any tract of land, by reason of special conditions would be improperly assessed by the application of such classified acreage valuations, such tract may be excluded therefrom and specially appraised; but in such cases said commission shall file with the assessor Special of the county in which the same is located, the reasons for appraisesuch special appraisement; and which may relate to the improvident use of a valuable water right, where the value of such water right, if used in the legitimate reclamation of lands, would be greater than the class valuation of the lands on which the same is so improvidently used. In case of the omission by said commission to establish a valuation for County assessment purposes upon any property mentioned in this assessor section it shall be the duty of the assessor of any county omitted wherein such property is situated to assess the same. Said commission, for any reason which seems to it sufficient, may by resolution, delegate its authority to establish the valuation of any such property to the assessor of any county in which the same is entirely located. All other property shall be assessed by the county assessors in accordance with the provisions of section 8 of this act. Commission to Equalize Valuations. ment, when must assess property matters at SEC. 6. At the regular session beginning on the second Equalization Monday in October of each year, said commission shall review October the tax rolls of the various counties as corrected by county meeting boards of equalization, and may raise or lower, for the purpose of state equalization, the valuations therein as established by county assessors and county boards of equalization, not denied on any class of property, or piece of property, in whole or in part in any county; and on certification thereof to the auditor of any county wherein such property is assessed, said auditor shall make the changes required in the assessment roll prior to the delivery of his completed tax roll to the Legal redress ex officio tax receiver. No taxpayer shall be deprived of any remedy or redress in a court of law relating to the payment of taxes, but all actions at law shall be for redress from the findings of said commission, and may not be instituted upon the act of an assessor or of a county board of equalization until said commission, at such regular session, has denied the Commission complainant redress. Said Nevada tax commission, in that name, may sue and be sued, and shall be so named as defendant in any action at law brought under the provisions of this section, and the attorney-general shall defend the same, but the burden of proof shall be upon the complainant to show by clear and satisfactory evidence that any valuation established or equalized by said commission is unjust and inequitable. Procedure When Court Appeals Are Pending to Avoid 10 per cent Penalty. may sue and be sued How taxpayer may avoid 10 per cent penalty while suit is pending SEC. 7. Any property owner who has initiated a court proceeding for redress from any increased valuation of his property for assessment purposes, and who shall have paid his December installment of taxes thereon in full, may, on filing with the treasurer of the county a certificate of the clerk of any court that such issue is pending, pay his June installment in two separate payments, to wit: One payment in a sum which, when added to the December installment shall represent the amount of taxes payable if computed on the valuation of the preceding fiscal year, plus the taxes on any improvements added since such preceding levy, and the other for the balance required to make up the full June installment; and said county treasurer shall receipt for the latter as a special deposit, to be held by such treasurer, undisbursed, until the court by its finding shall award it; and said property owner, in such case, shall not be liable for any penalty under the delinquent tax act; and if the court by its findings reduce the assessment valuation of such property, said county treasurer, on order of the court, shall refund from such special deposit an amount corresponding to such reduction, and shall transfer the remainder to the public revenues, and if the court shall not reduce the valuation of said property, then said county treasurer shall transfer the entire special deposit to the public revenues. Property Shall Be Assessed at Its Full Cash Value-Definition. SEC. 8. All property subject to taxation shall be assessed Definition of at its full cash value. The term “full cash value" is hereby defined to mean the valuation in money which an investor in "full cash value" such character of property would be reasonably willing to pay therefor in order to acquire ownership; and in arriving at a finding of such value, all factors affecting, influencing or determining the valuation of such property shall be given such consideration and weight as a purchaser, possessing practical business competence, would ordinarily give thereto. Relating to the Assessment of the Net Proceeds of Mines. mines SEC. 9. In pursuance of the general supervision and con- Proceeds of trol over the revenue system of the state, said commission is hereby empowered to investigate and determine the net proceeds of all operating mines. In pursuance whereof, said commission, in each instance, shall investigate and determine from all obtainable data, evidence and reports, the gross value of the bullion actually extracted from the reduction of the ores and the proceeds from the sale of the ores, of any mine, mining claim or patented mine, and to deduct therefrom only such actual costs of extraction, transportation, reduction or sale of ores, as shall be deemed by said commission to be just, proper and reasonable, and not introduced to deprive or defraud the state of any portion of its just revenue; and in any suit at law arising under the provisions of this section, the burden of proof shall be upon the owner of such mine, mining claim or patented mine to establish that any item of cost disallowed by said commission, is, nevertheless, just, proper and reasonable, and not entered to defraud the state. Provisions Mandatory, Penalties. provisions SEC. 10. All the provisions of this act with respect to Mandatory county assessors, sheriffs (as ex officio collectors of licenses), county commissioners, county auditors, persons summoned as witnesses, the requirement of witnesses to testify, the examination of the books and accounts of persons, copartnerships and corporations doing business in this state, are mandatory; and any such county officer, or witness summoned, or witness required to testify, or person, copartner, or officer, director, superintendent, manager or agent of any corporation, who neglects, fails or refuses to comply with such mandates shall, for the first offense, be deemed guilty of a misdemeanor, and subject to the penalty prescribed in section 6285, Revised Laws of Nevada; and for persistence therein, constituting a second offense, shall be deemed guilty of a gross misdemeanor and subject to the penalty prescribed in section 6284 of said Revised Laws. Any person who shall testify False swearfalsely shall be guilty of and punished for perjury. Salary of Commissioners and Secretary. ing perjury SEC. 11. The chairman of the commission shall serve with- Salaries out salary; the salary of each of the other commissioners shall be $3,000 per annum, and the salary of the secretary shall be $2,400 per annum. All such foregoing salaries shall be pay tion, $5,000 able in equal monthly installments, the same as other state officers are paid. Annual Appropriation. SEC. 12. The sum of five thousand dollars is hereby Appropria- annually appropriated out of any moneys in the state treasury not otherwise appropriated, to carry out the purposes of this act, and which shall be available for necessary clerical hire, office furniture and fixtures, advertising, rental, and traveling and other expenses. All such expenditures shall be certified to by the chairman of said commission, and when approved by the state board of examiners, shall be paid by the treasurer from such appropriation on warrants drawn by the controller. Annual report Printing printing Commission to Make Annual Report. SEC. 13. The commission shall make and publish annual reports for each calendar year, showing its transactions and proceedings for the year. Printing May Be Done at State Printing Office. SEC. 14. All forms, blanks, envelopes, letterheads, circulars and reports required to be printed by said commisdone at state sion may, in its discretion, be printed at the state printing office under the general provisions of the act entitled "An act to designate and authorize the work to be done in the state printing office," approved March 5, 1909. office repealed Repealing Section. SEC. 15. An act entitled "An act to provide for a more Certain acts uniform valuation and assessment of property in this state," approved March 16, 1901; an act entitled "An act to provide for the appointment of a state license and bullion tax agent of the State of Nevada, fixing his compensation and prescribing his duties," approved March 15, 1905; and section 3633, Revised Laws of Nevada, relating to the assessment roll, and all other acts and parts of acts in conflict with the provisions of this act, are hereby repealed. SEC. 16. This act shall expire by limitation on February Expires by 15, 1917, unless revived by act of future legislature. limitation CHAP. 135-An Act in relation to the presentation of a silver service to the battleship "Nevada," and making an appropriation therefor. | Approved March 20, 1913] WHEREAS, The United States battleship "Nevada, one of the Silver serv largest battleships in the American navy, will be launched the latter part of this year from the Fore River shipyards; and ice for battleship "Nevada" WHEREAS, It has been the invariable custom of states after |