HLS 18RS-842 REENGROSSED
2018 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 40
BY REPRESENTATIVE LEGER
CONGRESS: Memorializes congress to pass the Disability Integration Act of 2017
1 A CONCURRENT RESOL UTION
2To memorialize the United States Congress to take such actions as are necessary to pass the
3 Disability Integration Act of 2017.
4 WHEREAS, in the Americans with Disabilities Act of 1990, known commonly and
5referred to hereafter as the "ADA", congress set forth the finding that, "historically, society
6has tended to isolate and segregate individuals with disabilities, and, despite some
7improvements, such forms of discrimination against individuals with disabilities continue
8to be a serious and pervasive social problem"; and
9 WHEREAS, congress provided that the intent of the ADA includes assuring
10opportunities for full participation in society and for independent living by individuals with
11disabilities by addressing discrimination against those individuals, including discrimination
12through institutionalization; and
13 WHEREAS, while supporters of the ADA within and outside of congress expected
14the integration mandate in this landmark law to be interpreted in such a manner as to ensure
15that individuals who are eligible for institutional placement are able to exercise a right to
16community-based long-term services and supports in lieu of institutionalization, that
17expectation has not yet been fulfilled; and
18 WHEREAS, the holdings of the Supreme Court in Olmstead v. L.C., 527 U.S. 581
19(1999), and companion cases have clearly articulated that individuals with disabilities have
20a civil right under the ADA to participate in society as equal citizens; however, many states
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HCR NO. 40
1still do not provide sufficient community-based long-term services and supports to
2individuals with disabilities to end segregation through institutionalization; and
3 WHEREAS, the right to live in the community is necessary for the exercise of the
4civil rights that the ADA intended; and
5 WHEREAS, the lack of adequate community-based services and supports has
6imperiled the civil rights of all individuals with disabilities, and has undermined the promise
7of the ADA; therefore, it is necessary to recognize in statute a robust and fully articulated
8right of people to live in an integrated way in their communities; and
9 WHEREAS, states typically continue to approach decisions regarding long-term
10services and supports from social welfare and budgetary perspectives, but for the promise
11of the ADA to be fully realized, states must approach these decisions from a civil rights
12perspective; and
13 WHEREAS, states have not consistently planned to ensure sufficient services and
14supports for individuals with disabilities, including those with the most significant
15disabilities; and
16 WHEREAS, states typically have not enabled individuals with disabilities to live in
17the most integrated setting and, as a result, many individuals with disabilities who reside in
18institutions are prevented from residing in the community, and individuals with disabilities
19who are not in institutions find themselves at risk of institutional placement; and
20 WHEREAS, the continuing existence of unfair and unnecessary institutionalization
21denies individuals with disabilities the opportunity to live and participate on an equal basis
22in the community and costs the United States billions of dollars in unnecessary spending
23related to perpetuating dependency and unnecessary institutional confinement; and
24 WHEREAS, the Disability Integration Act of 2017 has been introduced as S. 910 and
25H.R. 2472 in the One Hundred Fifteenth United States Congress; and
26 WHEREAS, the Disability Integration Act of 2017 addresses the fundamental
27deficiencies in law that lead to forced institutionalization of people who could instead live
28in their communities if long-term services and supports were available to them.
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HCR NO. 40
1 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
2memorialize the United States Congress to take such actions as are necessary to pass the
3Disability Integration Act of 2017.
4 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
5presiding officers of the Senate and the House of Representatives of the Congress of the
6United States of America and to each member of the Louisiana congressional delegation.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HCR 40 Reengrossed 2018 Regular Session Leger
Memorializes congress to pass the Disability Integration Act of 2017.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Make a technical change.
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