New York Senate Bill S9401 introduces the "New York workforce stabilization act," mandating certain businesses to conduct artificial intelligence impact assessments [1]. These assessments must be submitted to the Department of Labor before AI implementation [1]. The bill also proposes a 2% surcharge on qualifying corporations utilizing artificial intelligence or data mining, or those with over fifteen AI-displaced employees [2].

Who does S9401 affect?

Organizations operating within New York State that qualify as "certain businesses" or corporations engaging in artificial intelligence or data mining activities, or those facing AI-driven workforce displacement of more than fifteen employees, are within scope. This includes businesses deploying AI in various capacities, particularly those impacting employment, such as AI-assisted hiring or automation systems. Business functions responsible for AI strategy, risk management, and compliance will be directly relevant.

What is the current status of S9401?

As of the last published update, S9401 is at the "introduced" stage, with bill status "in committee".

Where can I find the primary source for S9401?

The primary source for the most recent update is at https://legislation.nysenate.gov/bills/2023/S9401. AIGI publishes the full citation chain plus every approved brief on this bill.

NY, US · AI law tracker

S9401 — NY, US

S9401 is an AI governance legislation from NY, currently introduced. New York S9401 proposes a requirement for businesses to conduct and submit AI impact assessments to the Department of Labor prior to AI deployment [1]. AIGI tracks 1 primary-source update on this bill; the most recent was published on 2024-05-15.

Status & timeline

Regulatory stage: introduced
Bill status: in committee
Authority / governing body: New York State Senate
Chamber: Senate
Document type: legislation

Next deadline: No fixed deadline — the bill is currently in committee.

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Full obligation matrix

Actor	Obligation	Deadline	Source
deployer	Conduct artificial intelligence impact assessments on the application and use of such artificial intelligence.	prior to the implementation of the artificial intelligence	—
deployer	Submit artificial intelligence impact assessments to the department of labor.	prior to the implementation of the artificial intelligence	—
corporation	Pay a surcharge of 2% of the corporation's business income base if using artificial intelligence or data mining and displacing greater than fifteen employees by artificial intelligence.	—	—

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Enforcement risk score

/ 100

Announced regulation; enforcement footprint still forming.

Subscriber only

Role-based compliance checklist

hr_director Monitor bill S9401 progress in the New York State Senate.
cto Identify all AI systems currently in use or planned for deployment that impact the workforce.
compliance_officer Develop a framework for conducting AI impact assessments that evaluate workforce displacement.
finance Assess potential financial impact of a 2% surcharge on business income if AI leads to employee displacement.

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Vendor impact assessment

Vendor risk class: high
Procurement categories: hr_tech, productivity_assistants

Vendors providing AI solutions, particularly in HR, automation, or productivity, must demonstrate capability to support client's AI impact assessment and transparency requirements, especially concerning workforce impacts. Clients should inquire about displacement tracking and assessment support.

Sample vendor questions

Does your AI solution involve automated decision-making that could impact employment decisions or lead to workforce displacement?
Do you provide documentation or assistance for us to conduct AI impact assessments relevant to workforce stabilization?
How do you support transparency and explainability for AI models used in employment contexts?
What data sources are used to train your AI, and how do you ensure fairness and prevent bias in employment-related outcomes?
Can your system track and report on metrics related to employee displacement due to AI implementation?

Intelligence briefs (1)

legislation in_committee 5/15/2024

New York Bill S9401 Proposes AI Impact Assessments and Workforce Surcharge

New York S9401 proposes a requirement for businesses to conduct and submit AI impact assessments to the Department of Labor prior to AI deployment [1].

This initiative signifies a legislative trend towards pre-deployment oversight of AI systems and potential economic adjustments for AI-driven workforce changes.

Deadline: No fixed deadline — the bill is currently in committee.

Primary source →

Frequently asked questions

What is S9401?: New York Senate Bill S9401 introduces the "New York workforce stabilization act," mandating certain businesses to conduct artificial intelligence impact assessments [1]. These assessments must be submitted to the Department of Labor before AI implementation [1]. The bill also proposes a 2% surcharge on qualifying corporations utilizing artificial intelligence or data mining, or those with over fifteen AI-displaced employees [2]. Primary source →
Why does S9401 matter?: This initiative signifies a legislative trend towards pre-deployment oversight of AI systems and potential economic adjustments for AI-driven workforce changes. Primary source →
Who does S9401 affect?: Organizations operating within New York State that qualify as "certain businesses" or corporations engaging in artificial intelligence or data mining activities, or those facing AI-driven workforce displacement of more than fifteen employees, are within scope. This includes businesses deploying AI in various capacities, particularly those impacting employment, such as AI-assisted hiring or automation systems. Business functions responsible for AI strategy, risk management, and compliance will be directly relevant. Primary source →
What are the key dates for S9401?: No fixed deadline — the bill is currently in committee. Primary source →
What is the current status of S9401?: As of the last published update, S9401 is at the "introduced" stage, with bill status "in committee". Primary source →
Where can I find the primary source for S9401?: The primary source for the most recent update is at https://legislation.nysenate.gov/bills/2023/S9401. AIGI publishes the full citation chain plus every approved brief on this bill. Primary source →

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Important — about this brief

This brief is published by AIGI as a regulatory intelligence service. It contains general information about AI laws, regulations, enforcement actions, and policy signals across jurisdictions. It is not legal, compliance, audit, or risk-management advice; it does not establish an attorney-client, advisory, or fiduciary relationship; and it should not be relied upon as a substitute for professional counsel applied to specific facts and circumstances. Where the brief identifies “Issues for Review,” those are observations of questions a reader in a particular role might raise with their own legal, compliance, or risk function — not recommendations to act. AIGI expressly disclaims liability for actions taken or not taken in reliance on this brief. Subscribers in regulated industries should consult licensed professionals authorized to practice in their jurisdiction.

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Status & timeline

Intelligence briefs (1)

New York Bill S9401 Proposes AI Impact Assessments and Workforce Surcharge

Frequently asked questions

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