2018 Regular Session ENROLLED
SENATE CONCURRENT RESOL UTION NO. 13
BY SENATOR CARTER
A CONCURRENT RESOL UTION
To memorialize the Congress of the United States to take such actions as are necessary to
pass the Disability Integration Act of 2017.
WHEREAS, the Disability Integration Act of 2017 has been introduced as S.910 and
H.R.2472 in the One Hundred Fifteenth United States Congress; and
WHEREAS, in enacting the Americans with Disabilities Act of 1990 (herein referred
to as the ''ADA''), Congress recognized that ''historically, society has tended to isolate and
segregate individuals with disabilities, and, despite some improvements, such forms of
discrimination against individuals with disabilities continue to be a serious and pervasive
social problem'' and intended that the ADA assure ''full participation'' and ''independent
living'' for individuals with disabilities by addressing ''discrimination against individuals
with disabilities [that] persists in critical areas'', including institutionalization; and
WHEREAS, while Congress expected that the ADA's integration mandate would be
interpreted in a manner that ensures that individuals who are eligible for institutional
placement are able to exercise a right to community-based long-term services and supports,
that expectation has not been fulfilled; and
WHEREAS, the holdings of the Supreme Court in Olmstead v. L.C., 527 U.S. 581
(1999), and companion cases, have clearly articulated that individuals with disabilities have
a civil right under the ADA to participate in society as equal citizens; however, many states
still do not provide sufficient community-based long-term services and supports to
individuals with disabilities to end segregation in institutions; and
WHEREAS, the right to live in the community is necessary for the exercise of the
civil rights that the ADA was intended to secure for all individuals with disabilities and the
lack of adequate community-based services and supports has imperiled the civil rights of all
individuals with disabilities, and has undermined the very promise of the ADA; therefore,
it is necessary to recognize in statute a robust and fully articulated right to community living;
and
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WHEREAS, states, with a few exceptions, continue to approach decisions regarding
long-term services and supports from social welfare and budgetary perspectives, but for the
promise of the ADA to be fully realized, states must approach these decisions from a civil
rights perspective; and
WHEREAS, states have not consistently planned to ensure sufficient services and
supports for individuals with disabilities, including those with the most significant
disabilities, to enable individuals with disabilities to live in the most integrated setting and,
as a result, many individuals with disabilities who reside in institutions are prevented from
residing in the community and individuals with disabilities who are not in institutions find
themselves at risk of institutional placement; and
WHEREAS, the continuing existence of unfair and unnecessary institutionalization
denies individuals with disabilities the opportunity to live and participate on an equal basis
in the community and costs the United States billions of dollars in unnecessary spending
related to perpetuating dependency and unnecessary confinement.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana memorializes
the Congress of the United States to take such actions as are necessary to pass the Disability
Integration Act of 2017.
BE IT FURTHER RESOLVED that a copy of this Resolution shall be transmitted
to the secretary of the United States Senate and the clerk of the United States House of
Representatives and to each member of the Louisiana delegation to the United States
Congress.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
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