Restrictions on Director’s powers.

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1. The Director may not, under NRS 349.400 to 349.670, inclusive:

(a) Operate any manufacturing, industrial, warehousing or commercial enterprise or an organization for research and development or any health and care facility to which he or she provided assistance; or

(b) Except as otherwise provided in subsection 2, assist any manufacturing, industrial, warehousing or commercial enterprise or an organization for research and development to locate in a county or city which would result in the abandonment or closure of an existing facility of a like nature located within that county or city, unless the existing facility is operated by the contemplated lessee, purchaser or other obligor or an affiliate of such a person and the facility is to be abandoned or closed because of obsolescence, lack of available labor or limitations at the site of the facility.

2. The provisions of paragraph (b) of subsection 1 do not apply to:

(a) Health and care facilities and supplemental facilities for a health and care facility;

(b) Civic and cultural enterprises open to the general public;

(c) Enterprises located in a redevelopment area created pursuant to chapter 279 of NRS;

(d) Enterprises located in an area designated as an empowerment zone pursuant to sections 1391 to 1397, inclusive, of the Internal Revenue Code of 1986, 26 U.S.C. §§ 1391-97, future amendments to those sections and the corresponding provisions of future internal revenue laws;

(e) Facilities established by a corporation for public benefit;

(f) Enterprises whose products are substantially sold, used or distributed outside this state; and

(g) Renewable energy generation projects.

(Added to NRS by 1985, 2175; A 1999, 3358; 2001, 3257)


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