Rep. Tom Loertscher, R-Iona, opened the House Ethics Committee hearing by noting that there is a "live proceeding" right now on the issue of whether Rep. Phil Hart improperly invoked legislative privilege in his state income tax case. "We know that there is a live proceeding right now on this very issue," Loertscher said, referring to Hart's appeal to the state Board of Tax Appeals. "We would be interfering with an ongoing court case, which is a dangerous place to be. ... We don't want to cloud the issue one way or the other." So for today, the committee will avoid that issue, Loertscher said.

On the question of conflict of interest, Loertscher noted that the committee has received documents from the Attorney General's office noting that in the past legislative session, "Mr. Hart not at any time having declared Rule 38," Hart never disclosed a conflict of interest on any issue in the Legislature.