S.Amdt. 201

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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