New Jersey § 5:12-144

§ 5:12-144.

a. (1) Commencing with the first annual tax return of a licensee for any calendar

year beginning after December 31, 1983, there is imposed an investment alternative

tax on the gross revenues as defined in section 24 of P.L.1977, c. 110 ( C.5:12-24 ) of the licensee in the amount of 2.5% of those gross revenues. The tax imposed with respect to each calendar year shall be due and payable on the

last day of April next following the end of the calendar year. The State Treasurer shall have a lien against the property constituting the casino

of a licensee for the amount of any tax not paid when due. No tax shall be imposed, however, on the gross revenues received by a licensee during

the first 12 months of the operation of any casino that commences operation after

January 1, 1984, but prior to the effective date of this act, P.L.1996, c. 118 ( C.5:12-173.3a et al.). (2) A licensee shall pay to the State Treasurer on or before the 15th day of the first,

fourth, seventh, and 10th months of each year as partial payment of the investment

alternative tax imposed pursuant to paragraph (1) of this subsection an amount equal

to 1.25% of the estimated gross revenues for the three-month period immediately preceding

the first day of those months. The moneys received shall be placed in an escrow account and shall be held until

the licensee directs that the moneys be transferred to the Casino Reinvestment Development

Authority for the purchase of bonds issued by or offered through the Casino Reinvestment

Development Authority or pursuant to a contract for such a purchase, be made available

to the licensee for a direct investment approved by the authority, or be transferred

to the Casino Revenue Fund as partial payment of the investment alternative tax imposed

pursuant to paragraph (1) of this subsection. Any interest derived from the moneys in the escrow account shall be paid or made

available to the Casino Revenue Fund. If a licensee fails to pay the amount due or underpays by an unjustifiable amount,

the division shall impose a fine of 5% of the amount due or of the underpayment, as the case may

be, for each month or portion thereof the licensee is in default of payment, up to

25% of the amount in default. Any fine imposed shall be paid to the Casino Reinvestment Development Authority

and shall be used for the purposes of this 1984 amendatory and supplementary act. b. Each licensee shall be entitled to an investment tax credit against the tax imposed

by subsection a. of this section, provided the licensee shall pay over the moneys

required pursuant to section 5 of P.L.1993, c. 159 ( C.5:12-173.5 ): (1) for the first 10 years of a licensee's tax obligation, in an amount equal

to twice the purchase price of bonds issued by the Casino Reinvestment Development

Authority pursuant to sections 14 and 15 of this 1984 amendatory and supplementary

act, 1 purchased by the licensee, or twice the amount of the investments authorized in lieu

thereof, and (2) for the remainder of a licensee's tax obligation, in an amount equal

to twice the purchase price of bonds issued by the Casino Reinvestment Development

Authority pursuant to sections 14 and 15 of this 1984 amendatory and supplementary

act, purchased by the licensee, or twice the amount of the investments authorized

in lieu thereof, and twice the amount of investments made by a licensee in other approved

eligible investments made pursuant to section 25 of this act. 2 The Casino Reinvestment Development Authority shall have the power to enter into

a contract or contracts with a licensee pursuant to which the Casino Reinvestment

Development Authority agrees to issue and sell bonds to the licensee, and the licensee

agrees to purchase the bonds issued by or offered through the Casino Reinvestment

Development Authority, in annual purchase price amounts as will constitute a credit

against at least 50% of the tax to become due in any future year or years. The contract may contain those terms and conditions relating to the terms of the

bonds and to the issuance and sale of the bonds to the licensee as the Casino Reinvestment

Development Authority shall deem necessary or desirable. The contract shall not be deemed to be in violation of section 104 of P.L.1977,

c. 110 ( C.5:12-104 ). After the first 10 years of a licensee's investment alternative tax obligation,

a licensee will have the option of entering into a contract with the Casino Reinvestment

Development Authority to have its tax credit comprised of direct investments in approved

eligible projects. These direct investments shall not comprise more than 50% of a licensee's eligible

tax credit in any one year. The entering of a contract pursuant to this section shall be sufficient to entitle

a licensee to an investment tax credit for the appropriate tax year. c. A contract entered into between a licensee and the Casino Reinvestment Development

Authority may provide for a deferral of payment for and delivery of bonds required

to be purchased and for a deferral from making approved eligible investments in any

year, but no deferral shall occur more than two years consecutively. A deferral of payment for any bonds required to be purchased by a licensee and a

deferral from making approved eligible investments may be granted by the Casino Reinvestment

Development Authority only upon a determination by the Division of Gaming Enforcement that purchase of these bonds or making approved eligible investments would cause

extreme financial hardship to the licensee and a determination by the Casino Reinvestment

Development Authority that the deferral of the payment would not violate any covenant

or agreement or impair any financial obligation of the Casino Reinvestment Development

Authority. The contract may establish a late payment charge to be paid in the event of deferral

or other late payment at a rate as shall be agreed to by the Casino Reinvestment Development

Authority. If a deferral of purchase or investment is granted, the licensee shall be deemed

to have made the purchase or investment at the time required by the contract, except

that if the purchase is not made at the time to which the purchase or investment was

deferred, then the licensee shall be deemed not to have made the purchase or investment. The Division of Gaming Enforcement shall adopt regulations establishing a uniform definition of extreme financial hardship

applicable to all these contracts. If a licensee petitions the Casino Reinvestment Development Authority for a deferral,

the Casino Reinvestment Development Authority shall give notice of that petition to

the Division of Gaming Enforcement within three days of the filing of the petition. The Division of Gaming Enforcement shall render a decision within 60 days of notice as to whether the licensee has established

extreme financial hardship . The Casino Reinvestment Development Authority shall render a decision as to the

availability of the deferral within 10 days of the receipt by it of the decision of

the Division of Gaming Enforcement and shall notify the Division of Gaming Enforcement of that decision. If a deferral is granted, the Casino Reinvestment Development Authority may determine

whether the purchases or investments shall be made in a lump sum, made over a period

of years, or whether the period of obligation shall be extended an additional period

of time equivalent to the period of time deferred. d. The license of any licensee which has defaulted in its obligation to make any purchase

of bonds or investment in any approved eligible project under a contract entered into

pursuant to subsection b. of this section for a period of 90 days may be suspended

by the Casino Control Commission upon report and recommendation of the division until that purchase is made or deferred in accordance with subsection b. of this

section, or a fine or other penalty may be imposed upon the licensee by the commission. If the Casino Control Commission elects not to suspend the license of a licensee

after the licensee has first defaulted in its obligation the division may instead impose some lesser penalty . In such event, if the licensee continues to be in default of its obligation after a period of 30 additional

days and after any additional 30-day period, the division may impose another fine or penalty upon the licensee, and may again recommend that the commission suspend that licensee's license. The fine shall be 5% of the amount of the obligation owed for each month or portion

thereof a licensee is in default, up to 25% of that obligation; shall be paid to

the Casino Reinvestment Development Authority; and shall be used for the purposes

of this 1984 amendatory and supplementary act. e. A contract entered into by a licensee and the Casino Reinvestment Development Authority

pursuant to subsection b. of this section may provide that after the first 10 years

of a licensee's investment alternative tax obligation imposed by subsection a. of

this section, the Casino Reinvestment Development Authority may repurchase bonds previously

sold to the licensee, which were issued after the 10th year of a licensee's investment

alternative tax obligation, by the Casino Reinvestment Development Authority, if the

Casino Reinvestment Development Authority determines that the repurchase will not

violate any agreement or covenant or impair any financial obligation of the Casino

Reinvestment Development Authority and that the licensee will reinvest the proceeds

of the resale in an eligible project approved by the Casino Reinvestment Development

Authority. f. (1) During the 50 years a licensee is obligated to pay an investment alternative

tax pursuant to subsection k. of this section, the total of (a) the proceeds of all

bonds purchased by a licensee from or through the Casino Reinvestment Development

Authority and (b) all approved investments in eligible projects by a licensee shall

be devoted to the financing of projects in the following areas and amounts: Areas Yrs. Yrs. Yrs. Yrs. Yrs. Yrs. Yrs. Yrs. Yrs. 1-3 4-5 6-10 11-15 16-20 21-25 26-30 31-35 36-50 a) Atlantic City 100% 90% 80% 50% 30% 20% b) South Jersey 8% 12% 28% 43% 45% 25% 50% c) North Jersey 2% 8% 22% 27% 35% 35% 50% 50% d) Atlantic City through the Atlantic City Fund 65% 25% except that, with respect to the obligations for calendar years 1994 through 1998,

the amount allocated for the financing of projects in North Jersey from each casino

licensee's obligation shall be the amount allocated for calendar year 1993, and the

difference between that amount and the amount to be allocated to North Jersey, on

the basis of the above schedule, from each casino licensee's obligations for calendar

years 1994 through 1998 shall be paid into or credited to the Atlantic City Fund established

by section 44 of P.L.1995, c. 18 ( C.5:12-161.1 ) and be devoted to the financing of projects in Atlantic City through that fund. For the purposes of this paragraph, “ South Jersey ” means the counties of Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester,

Mercer, Ocean, and Salem, except that “ South Jersey ” shall not include the City of Atlantic City; and “ North Jersey ” means the remaining 12 counties of the State. For the purposes of this 1984 amendatory and supplementary act, bond “ proceeds ” means all funds received from the sale of bonds and any funds generated or derived

therefrom. In the financing of projects outside Atlantic City, the Casino Reinvestment Development

Authority shall give priority to the revitalization of the urban areas of this State

in the ways specified in section 12 of this 1984 amendatory and supplementary act. 3 Those areas shall include, but not be limited to, all municipalities qualifying

for aid pursuant to P.L.1978, c. 14 ( C.52:27D-178 et seq. ). Within nine months from the effective date of this 1984 amendatory and supplementary

act, the Casino Reinvestment Development Authority shall determine the allocation

of projected available moneys to municipalities in South Jersey for the first seven

years of their receipt of funds, giving priority to the revitalization of the urban

areas of the region. Municipalities receiving such an allocation shall present to the Casino Reinvestment

Development Authority for its approval comprehensive plans or projects for which the

allocations shall be used. Any such comprehensive plan or project may be submitted to the Casino Reinvestment

Development Authority for a determination of eligibility at any time prior to the

year for which the funds are allocated, and the Casino Reinvestment Development Authority

shall make a determination of eligibility of the plan or project within a reasonable

amount of time. If the Casino Reinvestment Development Authority makes a positive determination

of eligibility for any comprehensive plan or project, or combination of comprehensive

plans or projects, for any municipality whose total cost exceeds the amount allocated

to that municipality for the first seven years of the receipt of funds by South Jersey

municipalities, the Casino Reinvestment Development Authority shall make available

sufficient funds in subsequent years necessary to complete those plans or projects,

or to complete that portion of the plan or project originally agreed to be funded

through the Casino Reinvestment Development Authority, from funds received by the

Casino Reinvestment Development Authority in the years following the seventh year

of the receipt of funds by South Jersey municipalities. If the comprehensive plan or project is determined by the Casino Reinvestment Development

Authority not to be an eligible plan or project, the municipality may submit any other

comprehensive plan or project for a determination of eligibility. If, however, the municipality fails to receive a positive determination of eligibility

for any comprehensive plan or project, or combination of comprehensive plans or projects,

sufficient to exhaust the total allocation to that municipality for any year prior

to April 30 of the following year for which the allocation was made, the allocation

to that municipality for that year shall cease, and the Casino Reinvestment Development

Authority may apply those excess funds to any other comprehensive plan or project

in any other municipality in the region whose comprehensive plan or project has received

a positive determination of eligibility by the Casino Reinvestment Development Authority. Within 36 months from the effective date of this 1984 amendatory and supplementary

act, the Casino Reinvestment Development Authority shall determine the allocation

of projected available moneys to municipalities in North Jersey for the first five

years of their receipt of funds, giving priority to the revitalization of the urban

areas of the region. Municipalities receiving such an allocation shall present to the Casino Reinvestment

Development Authority for its approval comprehensive plans or projects for which the

allocations shall be used. Any such comprehensive plan or project may be submitted to the Casino Reinvestment

Development Authority for a determination of eligibility at any time prior to the

year for which the funds are allocated, and the Casino Reinvestment Development Authority

shall make a determination of eligibility of the plan or project within a reasonable

amount of time. If the Casino Reinvestment Development Authority makes a positive determination

of eligibility for any comprehensive plan or project, or combination of comprehensive

plans or projects, for any municipality whose total cost exceeds the amount allocated

to that municipality for the first five years of the receipt of funds by North Jersey

municipalities, the Casino Reinvestment Development Authority shall make available

sufficient funds in subsequent years necessary to complete those plans or projects,

or to complete that portion of the plan or project originally agreed to be funded

through the Casino Reinvestment Development Authority, from funds received by the

Casino Reinvestment Development Authority in the years following the fifth year of

the receipt of funds by North Jersey municipalities. If the comprehensive plan or project is determined by the Casino Reinvestment Development

Authority not to be an eligible plan or project, the municipality may submit any other

comprehensive plan or project for a determination of eligibility. If, however, the municipality fails to receive a positive determination of eligibility

for any comprehensive plan or project, or combination of comprehensive plans or projects,

sufficient to exhaust the total allocation to that municipality for any year prior

to April 30 of the following year for which the allocation was made, the allocation

to that municipality for that year shall cease, and the Casino Reinvestment Development

Authority may apply those excess funds to any other comprehensive plan or project

in any other municipality in the region whose comprehensive plan or project has received

a positive determination of eligibility by the Casino Reinvestment Development Authority. (2) Commencing with the first year in which a licensee incurs a tax obligation pursuant

to this section, and for the period of two years thereafter, 100% of the proceeds

of all bonds purchased by a licensee from the Casino Reinvestment Development Authority

which are devoted to the financing of projects in the city of Atlantic City pursuant

to paragraph (1) of this subsection shall be used exclusively to finance the rehabilitation,

development, or construction of, or to provide mortgage financing of, housing facilities

in the city of Atlantic City for persons or families of low through middle income,

as defined in this subsection. For the purposes of this subsection, the “ rehabilitation, development, or construction of housing facilities ” shall include expenses attributable to site preparation, infrastructure needs and

housing-related community facilities and services, including supporting commercial

development. Commencing with the fourth year in which a licensee incurs a tax obligation pursuant

to this subsection, 50% of the proceeds of all bonds purchased by a licensee from

the Casino Reinvestment Development Authority which are devoted to the financing of

projects in the city of Atlantic City shall be used exclusively to finance the rehabilitation,

development, or construction of housing facilities in the city of Atlantic City for

persons or families of low through middle income. Commencing with the 11th year in which a licensee incurs a tax obligation pursuant

to this section, 50% of the annual aggregate of the proceeds of bonds purchased by

a licensee from the Casino Reinvestment Development Authority which are devoted to

the financing of projects in the city of Atlantic City and investments in approved

eligible projects commenced by a licensee in the city of Atlantic City shall be used

exclusively to finance the rehabilitation, development, or construction of, or to

provide mortgage financing of, housing facilities in the city of Atlantic City for

persons or families of low through middle income. (3) The Legislature finds that it is necessary to provide for a balanced community

and develop a comprehensive housing program. The Casino Reinvestment Development Authority shall determine the need for housing

in the city of Atlantic City, in consultation with the city of Atlantic City and specifically

its zoning and planning boards. This shall include determining the types and classes of housing to be constructed

and the number of units of each type and class of housing to be built. The Casino Reinvestment Development Authority shall give priority to the housing

needs of the persons and their families residing in the city of Atlantic City in 1983

and continuing such residency through the effective date of this 1984 amendatory and

supplementary act. The actual percentage of the proceeds of bonds and investments in approved eligible

projects commenced by a licensee in the city of Atlantic City, which shall be used

exclusively to finance the rehabilitation, development, or construction of, or to

provide mortgage financing of, housing facilities in the city of Atlantic City for

persons or families of low through middle income, shall be based upon the authority's

determination of the need for housing in the city of Atlantic City conducted pursuant

to this subsection. Once the housing needs of the persons residing in the city of Atlantic City in 1983

and continuing such residency through the effective date of this 1984 amendatory and

supplementary act have been met, as determined by the Casino Reinvestment Development

Authority pursuant to this subsection, any required percentages for such housing in

the city of Atlantic City may, in its sole discretion, be waived by the Casino Reinvestment

Development Authority. To aid the Casino Reinvestment Development Authority in making these determinations,

the Casino Reinvestment Development Authority shall review the proposal for a housing

redevelopment program and strategy for the city of Atlantic City approved and adopted

by the Casino Control Commission and shall give priority to same and any other plan

or project which is consistent with the standards of this subsection and is acceptable

to the Casino Reinvestment Development Authority, pursuant to section 25 of this 1984

amendatory and supplementary act. The Casino Reinvestment Development Authority may determine whether the funds used

to finance housing facilities in the city of Atlantic City for persons or families

of low, moderate, median range, and middle income are derived from the proceeds of

bonds purchased by a licensee from the Casino Reinvestment Development Authority to

be devoted to the financing of projects in the city of Atlantic City, investments

in approved eligible projects commenced by a licensee in the city of Atlantic City,

or a combination of both. Any investment made by a licensee in excess of 100% of its eligible investment tax

credit during the first three years and in excess of 50% thereafter in either the

purchase of bonds or direct investments in approved eligible projects for low, moderate,

median range, and middle income family housing facilities in the city of Atlantic

City may be carried forward and credited against the licensee's obligation to make

a 100% investment during the first three years and 50% thereafter in low, moderate,

median range, and middle income family housing in any future year, with the approval

of the Casino Reinvestment Development Authority. For the purposes of this act, “ low income families ” means families whose income does not exceed 50% of the median income of the area,

with adjustments for smaller and larger families. “ Moderate income families ” means families whose income does not exceed 80% and is not less than 50% of the

median income for the area, with adjustments for smaller and larger families. “ Median range income families ” means families whose income does not exceed 120% and is not less than 80% of the

median income for the area, with adjustments for smaller and larger families. “ Middle income families ” means families whose income does not exceed 150% and not less than 120% of the median

income for the area, with adjustments for smaller and larger families. “ Median income ” means an income defined as median within the Standard Metropolitan Statistical Area

for Atlantic City by the United States Department of Housing and Urban Development. In order to achieve a balanced community, the authority shall ensure that the development

of housing for families of low and moderate income shall proceed at the same time

as housing for families of median range and middle income, until such time as there

is no longer a need for such facilities in the city of Atlantic City, as determined

by the Casino Reinvestment Development Authority. (4) Notwithstanding any other law or section to the contrary, particularly this subsection

regarding the waiver of the required percentages for housing in the city of Atlantic

City, subsection i. of section 14, and sections 26, 27, 28, 29, and 31 of this 1984

amendatory and supplementary act, 4 nothing shall be implemented or waived by the Casino Reinvestment Development Authority

which would reduce, impair, or prevent the fulfillment of the priorities established

and contained in this subsection of this 1984 amendatory and supplementary act. g. If a person is a licensee with regard to more than one approved hotel pursuant

to section 82 of P.L.1977, c. 110 ( C.5:12-82 ), the person shall separately account for the gross revenues, the investment alternative

tax obligations, and the investments for a tax credit against the investment alternative

tax for each approved hotel, and the tax obligations of the licensee under this section

shall be determined separately for each approved hotel. The licensee may apportion investments between its approved hotels; provided that

no amount of investment shall be credited more than once. If a licensee receives the prior approval of the Casino Reinvestment Development

Authority, the licensee may make eligible investments in excess of the investments

necessary to receive a tax credit against the investment alternative tax for a given

calendar year, and the licensee may carry forward this excess investment and have

it credited to its next investment alternative tax obligation. If the Casino Reinvestment Development Authority approves of such excess investment

and approves the carry forward of this excess investment, and a licensee elects to

purchase bonds of the Casino Reinvestment Development Authority or makes direct investments

in approved eligible projects in excess of the investments necessary to receive a

tax credit against the investment alternative tax for its current obligation, the

licensee shall be entitled to a reduction of the amount of investments necessary in

future years, which amount shall be determined annually by the Casino Reinvestment

Development Authority, taking into account a current market discount rate from the

date of the purchase or investment to the date the purchase or investment would have

been required to be made. h. Each casino licensee shall prepare and file, in a form prescribed by the Casino

Reinvestment Development Authority, an annual return reporting that financial information

as shall be deemed necessary by the Casino Reinvestment Development Authority to carry

out the provisions of this act. This return shall be filed with the Casino Reinvestment Development Authority and

the Division of Gaming Enforcement on or before April 30 following the calendar year on which the return is based. The Division of Gaming Enforcement shall verify to the Casino Reinvestment Development Authority the information contained

in the report, to the fullest extent possible. Nothing in this subsection shall be deemed to affect the due dates for making any

investment or paying any tax under this section. i. Any purchase by a licensee of bonds issued by or offered through the Casino Reinvestment

Development Authority pursuant to sections 14 and 15 of this act and subsection b.

of this section and all approved eligible investments made by a licensee pursuant

to section 25 of this act and subsection b. of this section are to be considered investments

and not taxes owed or grants to the State or any political subdivision thereof. As such, a licensee shall have the possibility of the return of principal and a

return on the capital invested as with other investments. Investors in the bonds issued by or offered through the Casino Reinvestment Development

Authority shall be provided with an opinion from a recognized financial rating agency

or a financial advisory firm with national standing that each loan of bond proceeds

by the Casino Reinvestment Development Authority has the minimum characteristics of

an investment, in that a degree of assurance exists that interest and principal payments

can be made and other terms of the proposed investment be maintained over the period

of the investment, and that the loan of the bond proceeds would qualify for a bond

rating of “C” or better. If an opinion cannot be obtained from a recognized financial rating agency or a

financial advisory firm with national standing, an opinion shall be obtained from

an expert financial analyst with national standing, selected and hired by the Casino

Reinvestment Development Authority. In order to achieve a balanced portfolio, assure the viability of the authority

and the projects, facilities and programs undertaken pursuant to this 1984 amendatory

and supplementary act, no more than 25% of the total investments made by or through

the Casino Reinvestment Development Authority with the proceeds of bonds generated

in each year shall be investments which would qualify for a bond rating of “C,” unless

all holders of obligations in each year agree to waive the 25% limit for that year. Nothing herein shall be interpreted as limiting the Casino Reinvestment Development

Authority from taking any steps it deems appropriate to protect the characteristics

of its investment in projects or any other investments from not being real investments

with a prospect for the return of principal and a return on the capital invested. Anything contained in this section shall not be considered a guarantee by the State

or any political subdivision thereof of any return of principal or interest, but any

purchase by a licensee of bonds or approved eligible investments made by a licensee

pursuant to this act shall be at the risk of the licensee. A licensee or the licensees purchasing an issue of bonds issued by the Casino Reinvestment

Development Authority in any given year may arrange, at their option, for those bonds

or the investments, made by or through the Casino Reinvestment Development Authority

with the proceeds of those bonds, to be insured. The cost of any such insurance purchased by a licensee or licensees shall be paid

by the licensee or licensees desiring such insurance. j. The Casino Reinvestment Development Authority shall promulgate rules and regulations

deemed necessary to carry out the purposes of this section. k. The obligation of a licensee to pay an investment alternative tax pursuant to subsection

a. of this section, including a casino licensee subject to the provisions of section

13 of P.L.2001, c. 221 ( C.5:12-173.21 ), shall end for each licensed facility operated by the licensee 50 years after any

investment alternative tax obligation is first incurred in connection with each licensed

facility operated by the licensee, unless extended in connection with a deferral granted

by the Casino Reinvestment Development Authority pursuant to subsection c. of this

section. l . Within 90 days of the effective date of this act, P.L.2004, c. 129, the State Treasurer shall certify the amounts that were invested pursuant to this

section in South Jersey, as defined in subsection f. of this section, for projects

located in the City of Atlantic City. Notwithstanding subsection f. of this section, beginning in State fiscal year 2005,

the amount of (a) proceeds of all bonds purchased by a licensee from or through the

Casino Reinvestment Development Authority and (b) all approved investments in eligible

projects by a licensee devoted pursuant to subsection f., shall not exceed the amount

devoted for those purposes in State fiscal year 2004. Any amounts in excess of the amounts devoted in State fiscal year 2004, after fulfilling

all fund reservations, bonding and contractual obligations, shall be devoted to the

financing of projects in South Jersey. For the purpose of this section, “ South Jersey ” means the counties of Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester,

Mercer, Ocean, and Salem, except that the term shall not include the City of Atlantic

City. The provisions of this subsection shall terminate when excess amounts devoted to

the financing of projects in South Jersey equal the amount certified by the State

Treasurer. 1

N.J.S.A. § 5:12-162 and 5:12-163. 2

N.J.S.A. § 5:12-173. 3

N.J.S.A. § 5:12-160. 4

N.J.S.A. §§ 5:12-162, 5:12-174, 5:12-175, 5:12-176, 5:12-177 and 5:12-179.