...One courtroom wedge: The Ohio Constitution says Ohio can't be a "joint owner, or stockholder, in any company ... formed for any purpose whatever." The House bill makes it clear JobsOhio is a corporation, not a state agency. And it's unclear if the bill lets JobsOhio, as a corporation, try to invest in other corporations. If so, the legislature might as well run the Ohio Constitution through a Veg-o-Matic.
Ohio's public-private firewall is tough enough that the Third Frontier amendments that voters approved in 2005 and 2010 to promote science and technology ventures specifically lifted the "no state investments" rule for Third Frontier programs.
Last week, House Republicans voted down an amendment to the JobsOhio bill, proposed by Rep. Dennis Murray, a Sandusky Democrat, to forbid JobsOhio to "be a shareholder or hold any other equity interest in any person or corporation." But Republican Reps. Kristina Roegner of Hudson and Ron Young of Leroy Township, near Painesville, voted for it. That suggests the constitutional question is on the right's radar. It should be on everyone's.
Thomas Suddes is a former legislative reporter with The Plain Dealer in Cleveland and writes from Ohio University.
http://www.dispatch.com/live/content/editorials/stories/2011/02/06/kasichs-jobs-plan-might-face-court-challenge.html?sid=101