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Filming in New Jersey

Interest in filming in New Jersey is at an all-time high for many reasons, including the state’s location diversity, its proximity to New York and the professional support you’ll receive from the New Jersey Motion Picture and Television Commission.

The New Jersey Motion Picture & Television Commission is staffed by industry professionals, and enjoys the full support of the Governor’s Office and state and local governments. Whether you are still considering New Jersey or have already decided to shoot in the state, you’ll get red carpet treatment.

PERMITS AND INSURANCE

New Jersey contains 21 counties and 566 municipalities. Each city and town has its own unique regulations pertaining to film production. The New Jersey Motion Picture and Television Commission should be consulted before specific communities are approached.

Some cities and towns in the state have formal permit procedures, others do not. However, permits are generally required for filming such locations as county, state and national parks and historic sites, state and county highways, railroad and airport terminals and military posts.

As a rule, filmmakers working in New Jersey are required to carry general liability insurance in the amount of $1 million ($2 million in the City of Newark). Additional insurance may be required of crews using pyrotechnic effects or performing stunts. Typically, production companies are asked to present certificates of insurance naming property owners as "additional insured." Further, property owners must be relieved of all liability in connection with production work taking place on their respective locations.

CHILD LABOR LAWS

There is no minimum age requirement for children working in motion pictures and television programs. However, minors under the age of 16 must procure a Special Theatrical Permit from the local issuing officer in the district in which a production is being filmed. Said minors can work no longer than 5 hours daily, 24 hours weekly, 6 days a week. Combined hours of school and work must not exceed 8 hours daily. Minors under 16 are prohibited from working before 7 a.m. or after 11:30 p.m. unless special permission has been granted by the Department of Labor. Minors under 16 must be accompanied at all times by an adult who is a parent, guardian or representative of the employer.

Minors between the ages of 16 and 18 can work as long as 8 hours daily, 40 hours weekly, 6 days a week. They must obtain an Employment Certificate from the local issuing officer in the district in which a production is being filmed. Minors between the ages of 16 and 18 are prohibited from working before 6 a.m. or after 11:30 p.m. unless special permission has been granted by the Department of Labor.

FIREARMS

Although working automatic and semi-automatic weapons are illegal in New Jersey, provision has been made for the use of theatrical firearms of every variety. A permit must be obtained from the New Jersey State Police in order to use or transport such theatrical firearms in the state. Out-of-state permits are not valid. In addition, specific information about the firearms and the parties responsible for them must be provided both to the New Jersey State Police and to the local police in the jurisdiction where said weapons are to be used.

EXPLOSIVES

Special effects sequences, depending on their nature and scope, may require specific permits and/or permissions from the

state, its counties or municipalities. Effects using explosives must be performed by an effects coordinator who is licensed to use explosives in the state of New Jersey. Advance inspection of a given site by the local utility companies may also be necessary in some cases.

Pyrotechnical effects must be performed in cooperation with local fire department officials, who may inspect designated location sites and materials to be used. In certain instances, permission from the New Jersey Department of Environmental Protection must also be granted.

TAXES IN NEW JERSEY

Sales tax throughout most of New Jersey is 6%. In specially designated Urban Enterprise Zones, sales tax on non-exempt goods is reduced to 3%. Currently, Urban Enterprise Zones exist in Ashbury Park, Bayonne, Bridgeton, Camden, Carteret, East Orange, Elizabeth, Guttenberg, Hillside, Irvington, Jesrey City, Kearny, Lakewood, Long Branch, Millville, Mount Holly, Newark, North Bergen, Orange, Passiac, Paterson, Pemberton, Perth Amboy, Phillipsburg, Plainfield, Pleasantville, Roselle, Trenton, Union City, Vineland, West New York, Wildwood.

Certain items are completely exempt from sales tax, such as food, clothing, drugs, and manufacturing/processing machinery and equipment. This includes certain equipment used primarily in the production and broadcast of film and television programs, and requires the procurement of a resale certificate. A sales tax incentive recently signed into law expands this exemption to include other ‘tangible property’ used directly and intangibly in the production of films and television programs, including motor vehicles, replacement parts for machinery, lumber, hardware and other supplies.

For specific information about New Jersey tax laws, contact the New Jersey Division of Taxation at (609) 588-2200.

INCENTIVES

In addition to 6% rebate described under TAXES, New Jersey offers filmmakers the New Jersey Film Production Assistance Program. This program allows producers of film projects made in the state to be eligible for loan guarantees through the New Jersey Economic Development Authority. Guaranteeing a portion of loans made by other lenders encourages these lenders to finance projects they might not ordinarily finance on their own. Loan guarantees cannot exceed 30% of the bank financing cost of the project, or $1.5 million, whichever is less.

Important criteria for eligibility are as follows:

At least one-half of material and production costs must be spent in New Jersey.

At least 70% of shooting days must take place in the state.

Prevailing wage must be paid to workers employed in the project to be financed.

The project must possess performance bonds.

Application forms and additional details about the program are currently available at the NJEDA website: www.njeda.com

UNIONS

Most of New Jersey falls under the jurisdiction of the unions and guilds based in New York City. (See the "Crew" section of this book for listings of New York union locals.)

Joseph Friedman, Executive Director
New Jersey Motion Picture and Television Commission
153 Halsey St., 5th Floor
P.O. Box 47023
Newark, New Jersey 07101
(973) 648-6279
(973) 648-7350 Fax
www.njfilm.org

www.media-services.com



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