(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 institution's 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 institution's governing body, an executive director of a financial institution, or any other officer or employee of the finuancial 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 onl the following information: (1) Statements or complaints by an energy company; or (2) Media reports of a financial institution's boycott of energy companies. (c) A financial institution may not be compelled to produce or disclose any data or information deemed confidenteial, privileged, or otherwise protected from disclosure by state or federal law.
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