[Congressional Record Volume 167, Number 20 (Wednesday, February 3, 2021)]
[Senate]
[Pages S354-S355]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 201. Mr. SCOTT, of South Carolina submitted an amendment intended 
to be proposed by him to the concurrent resolution S. Con. Res. 5, 
setting forth the congressional budget for the United States Government 
for fiscal year 2021 and setting forth the appropriate budgetary levels 
for fiscal years 2022 through 2030; which was ordered to lie on the 
table; as follows:

       At the appropriate place in title IV, add the following:

     SEC. 4___. POINT OF ORDER AGAINST LEGISLATION THAT USES THE 
                   ABC TEST FOR WORKER CLASSIFICATION 
                   DETERMINATIONS.

       (a) Point of Order.--It shall not be in order in the Senate 
     to consider any bill, joint resolution, motion, amendment, 
     amendment between the Houses, or conference report that would 
     require, in order for a worker to be considered an 
     independent contractor, that--
       (1) such worker was free from control or direction by an 
     employer in performing the work in question;
       (2) the work by such worker took place outside the usual 
     course of business of the employer and off-site of the 
     employer; and
       (3) such worker was customarily engaged in an independent 
     trade, occupation, profession, or business.
       (b) Waiver and Appeal.--Subsection (a) may be waived or 
     suspended in the Senate only by an affirmative vote of three-
     fifths of the Members, duly chosen and sworn. An affirmative 
     vote of three-fifths of the Members

[[Page S355]]

     of the Senate, duly chosen and sworn, shall be required to 
     sustain an appeal of the ruling of the Chair on a point of 
     order raised under subsection (a).
       (c) Sunset.--This section shall cease to have force or 
     effect on December 31, 2022.
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