WEST VIRGINIA CODE
WVC 11 - 1 C- 14
§11-1C-14. Confidentiality and disclosure of return information to
develop or maintain a mineral mapping or geographic
information system; offenses; penalties.
(a) All information provided by or on behalf of a natural
resources property owner or by or on behalf of an owner of an
interest in natural resources property to any state or county
representative, including property tax returns, maps and geological
information and property tax audit information provided to the West
Virginia Department of Environmental Protection, Office of Oil and
Gas, and the West Virginia Geological and Economic Survey, for use
in the valuation or assessment of natural resources property or for
use in the development or maintenance of a legislatively funded
mineral mapping or geographic information system is confidential.
The information is exempt from disclosure under section four,
article one, chapter twenty-nine-b of this code, and shall be kept,
held and maintained confidential except to the extent the
information is needed by the State Tax Commissioner to defend an
appraisal challenged by the owner or lessee of the natural
resources property subject to the appraisal:
Provided, That this
section may not be construed to prohibit the publication or release
of information generated as a part of the minerals mapping or
geographic information system, whether in the form of aggregated
statistics, maps, articles, reports, professional talks or
otherwise, presented in accordance with generally accepted
practices and in a manner so as to preclude the identification or determination of information about particular property owners:
Provided, however, That effective the first day of July, two
thousand six, the Tax Commissioner may disclose the following
specified information obtained from the West Virginia oil and gas
producer/operator return to the West Virginia Geological and
Economic Survey and the West Virginia Department of Environmental
Protection, Office of Oil and Gas:
Provided further, That the West
Virginia Geological and Economic Survey and the West Virginia
Department of Environmental Protection, Office of Oil and Gas, may
disclose the following specified information obtained from the West
Virginia oil and gas producer/operator return.
(1) The name and address of the owner of a working interest in
the well for which the return is filed;
(2) The county and district within the county wherein the oil
or gas well is located and taxed for ad valorem taxation purposes;
(3) The name, address and telephone number of the producer and
the producer's agent;
(4) The American Petroleum Institute number assigned to each
well for which the return is filed;
(5) The total barrels produced in the reporting period for
each oil well for which the return is filed; and
(6) The total mcf produced in the reporting period for each
gas well for which the return is filed.
(b) Any state or county representative or employee, or
employee or representative of the West Virginia Geological and Economic Survey or the Department of Environmental Protection, who
violates this section by disclosing confidential information is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than one thousand dollars or confined in jail for
not more than one year, or both fined and confined, and shall be
assessed the cost of prosecution. As used in this section, the
term "state or county representative" includes any current or
former state or county employee, officer, commission or board
member and any state or county agency, institution, organization,
contractor or subcontractor and any principal, officer, agent or
employee thereof.
Note: WV Code updated with legislation passed through the 2012 1st Special Session