(a) In determining whether to include a financial institution on the restricted financial institution list, the Treasurer shall consider and may rely upon the following information:(1) A financial institutions certification that it is not engaged in a boycott of energy companies; (2) Publicly available statements or information made by the financial institution, including statements by a member of a financial institutions governing body, an executive director of a financial institution, or any other officer or employee of the financial institution with the authority to issue policy statements on behalf of the financial institution; or (3) Information published by a state or federal government entity. (b) In determining whether to include a financial institution on the restricted financial institution list, the Treasurer may not rely solely on the following information:(1) Statements or complaints by an energy company; or(2) Media reports of a financial institutions boycott of energy companies.(c) A financial institution may not be compelled to produce or disclose any data or information deemed confidential, privileged, or otherwise protected from disclosure by state or federal law.
West Virginia Legal Code