Filming of movies, commercials and similar events

§ 1182-b. Filming of movies, commercials and similar events. 1. Notwithstanding any other provision of law to the contrary, the department of transportation may, by order, rule or regulation, prohibit or regulate the filming of movies, commercials and similar events on state highways. Such rules and regulations shall include, among other things, provision for adequate insurance coverage; provision for consultation by the production company of any movie, commercial or similar events with the municipality involved; provision for payment or reimbursement of all of the costs and expenses of the state which are incurred in connection with such an event; provision for assumption of risk for damages or claims by the production company, its employees and participants in such event; provision for the closure of or restriction on public use and travel upon highways or parts thereof for a certain period of time whenever the state police determine such is necessary to protect the public safety, security, or convenience. Prior to the scheduled date of the filming of a movie, commercial or other similar events, the production company shall apply, in writing, to the department of transportation for consideration of and authorization to film such an event. Such application shall be reviewed by the commissioner of transportation, or his designee, the commissioner of commerce, or his designee, and the superintendent of state police, or his designee. Only if such persons unanimously agree that the proposed filming should take place, the department of transportation shall continue the review process and shall establish such reasonable requirements as are necessary to protect the public safety.

2. Notwithstanding any other provision of law to the contrary, no person or entity shall have the right to bring an action against the state or municipality or any person employed by the state or municipality who was acting within the scope of his authority for damages resulting from or in connection with the filming of a movie, commercial or similar events. In the event of any such claim being brought against any such individual employed by the state, the provisions of section seventeen of the public officers law shall apply.

3. The division of state police and department of commerce are hereby authorized to provide necessary support and assistance to the department of transportation in connection with its power to prohibit or regulate the filming of movies, commercials or other similar events pursuant to this section.