Key: (1) language to be deleted (2) new language
CHAPTER 202-S.F.No. 1068
An act relating to government data practices;
classifying and defining certain government data;
providing for access to, use and maintenance of
certain government data; clarifying effect of advisory
opinions; modifying records management requirements;
removing sunset on law governing access to juvenile
records for gang investigations; extending authority
for law governing property taxpayer data; requiring a
report; abolishing certain administrative remedies;
amending Minnesota Statutes 2000, sections 13.02,
subdivision 11; 13.072, subdivision 2; 13.08,
subdivision 4; 13.32, by adding a subdivision; 13.322,
subdivision 3; 13.59; 13.719, by adding a subdivision;
136A.243, by adding a subdivision; 138.17, subdivision
7; 182.659, subdivision 8; 260B.171, subdivision 1;
299C.095, subdivision 1; 299C.13; 299C.61, by adding a
subdivision; 611A.19; Laws 1997, First Special Session
chapter 3, section 27, as amended; proposing coding
for new law in Minnesota Statutes, chapters 13; 611A;
repealing Minnesota Statutes 2000, sections 13.081;
13.592; 13.5921; 13.5922; 13.593; 13.594; 13.5951;
13.5952; 13.5953; 13.596; 13.5965; 13.643, subdivision
4; 16C.06, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2000, section 13.02,
subdivision 11, is amended to read:
Subd. 11. [POLITICAL SUBDIVISION.] "Political subdivision"
means any county, statutory or home rule charter city, school
district, special district, any town exercising powers under
chapter 368 and located in the metropolitan area, as defined in
section 473.121, subdivision 2, and any board, commission,
district or authority created pursuant to law, local ordinance
or charter provision. It includes any nonprofit corporation
which is a community action agency organized pursuant to the
Economic Opportunity Act of 1964 (Public Law Number 88-452) as
amended, to qualify for public funds, or any nonprofit social
service agency which performs services under contract to any
political subdivision, statewide system or state agency, to the
extent that the nonprofit social service agency or nonprofit
corporation collects, stores, disseminates, and uses data on
individuals because of a contractual relationship with state
agencies, political subdivisions or statewide systems.
Sec. 2. Minnesota Statutes 2000, section 13.072,
subdivision 2, is amended to read:
Subd. 2. [EFFECT.] Opinions issued by the commissioner
under this section are not binding on the state agency,
statewide system, or political subdivision whose data is the
subject of the opinion, but must be given deference by a court
in a proceeding involving the data. The commissioner shall
arrange for public dissemination of opinions issued under this
section. This section does not preclude a person from bringing
any other action under this chapter or other law in addition to
or instead of requesting a written opinion. A state agency,
statewide system, political subdivision, government entity or
person that acts in conformity with a written opinion of the
commissioner issued to the government entity or person or to
another party is not liable for compensatory or exemplary
damages or awards of attorneys fees in actions under section
13.08 or for a penalty under section 13.09.
Sec. 3. Minnesota Statutes 2000, section 13.08,
subdivision 4, is amended to read:
Subd. 4. [ACTION TO COMPEL COMPLIANCE.] (a) In addition to
the remedies provided in subdivisions 1 to 3 or any other law,
any aggrieved person seeking to enforce the person's rights
under this chapter or obtain access to data may bring an action
in district court to compel compliance with this chapter and may
recover costs and disbursements, including reasonable attorney's
fees, as determined by the court. If the court determines that
an action brought under this subdivision is frivolous and
without merit and a basis in fact, it may award reasonable costs
and attorney fees to the responsible authority. If the court
issues an order to compel compliance under this subdivision, the
court may impose a civil penalty of up to $300 against the
government entity. This penalty is payable to the state general
fund and is in addition to damages under subdivision 1. The
matter shall be heard as soon as possible. In an action
involving a request for government data under section 13.03 or
13.04, the court may inspect in camera the government data in
dispute, but shall conduct its hearing in public and in a manner
that protects the security of data classified as not public. If
the court issues an order to compel compliance under this
subdivision, the court shall forward a copy of the order to the
commissioner of administration.
(b) In determining whether to assess a civil penalty under
this subdivision, the court shall consider whether the
government entity has substantially complied with general data
practices under this chapter, including but not limited to,
whether the government entity has:
(1) designated a responsible authority under section 13.02,
subdivision 16;
(2) designated a data practices compliance official under
section 13.05, subdivision 13;
(3) prepared the public document that names the responsible
authority and describes the records and data on individuals that
are maintained by the government entity under section 13.05,
subdivision 1;
(4) developed public access procedures under section 13.03,
subdivision 2; procedures to guarantee the rights of data
subjects under section 13.05, subdivision 8; and procedures to
ensure that data on individuals are accurate and complete and to
safeguard the data's security under section 13.05, subdivision
5;
(5) sought an oral, written, or electronic opinion from the
commissioner of administration related to the matter at issue
and acted in conformity with that opinion or acted in conformity
with an opinion issued under section 13.072 that was sought by
another person; or
(6) provided ongoing training to government entity
personnel who respond to requests under this chapter.
Sec. 4. Minnesota Statutes 2000, section 13.32, is amended
by adding a subdivision to read:
Subd. 5a. [MILITARY RECRUITMENT.] A secondary institution
shall release to military recruiting officers the names,
addresses, and home telephone numbers of students in grades 11
and 12 within 60 days after the date of the request, except as
otherwise provided by this subdivision. A secondary institution
shall give parents and students notice of the right to refuse
release of this data to military recruiting officers. Notice
may be given by any means reasonably likely to inform the
parents and students of the right. Data released to military
recruiting officers under this subdivision:
(1) may be used only for the purpose of providing
information to students about military service, state and
federal veterans' education benefits, and other career and
educational opportunities provided by the military; and
(2) shall not be further disseminated to any other person
except personnel of the recruiting services of the armed forces.
Sec. 5. Minnesota Statutes 2000, section 13.322,
subdivision 3, is amended to read:
Subd. 3. [HIGHER EDUCATION SERVICES OFFICE.] (a)
[GENERAL.] Data sharing involving the higher education services
office and other institutions is governed by section 136A.05.
(b) [STUDENT FINANCIAL AID.] Data collected and used by the
higher education services office on applicants for financial
assistance are classified under section 136A.162.
(c) [MINNESOTA COLLEGE SAVINGS PLAN DATA.] Account owner
data, account data, and data on beneficiaries of accounts under
the Minnesota college savings plan are classified under section
136A.243, subdivision 10.
(d) [SCHOOL FINANCIAL RECORDS.] Financial records submitted
by schools registering with the higher education services office
are classified under section 136A.64.
Sec. 6. Minnesota Statutes 2000, section 13.59, is amended
to read:
13.59 [HOUSING AND REDEVELOPMENT DATA.]
Subdivision 1. [PRIVATE SURVEY DATA.] The following data
collected in surveys of individuals conducted by cities and
housing and redevelopment authorities for the purposes of
planning, development, and redevelopment, are classified as
private data pursuant to section 13.02, subdivision 12: the
names and addresses of individuals and the legal descriptions of
property owned by individuals.
Subd. 2. [NONPUBLIC SURVEY DATA.] The following data
collected in surveys of businesses conducted by cities and
housing and redevelopment authorities, for the purposes of
planning, development, and redevelopment, are classified as
nonpublic data pursuant to section 13.02, subdivision 9: the
names, addresses, and legal descriptions of business properties
and the commercial use of the property to the extent disclosure
of the use would identify a particular business.
Subd. 3. [FINANCIAL ASSISTANCE DATA.] (a) The following
data that are submitted to a housing and redevelopment authority
by persons who are requesting financial assistance are private
data on individuals or nonpublic data:
(1) financial statements;
(2) credit reports;
(3) business plans;
(4) income and expense projections;
(5) customer lists;
(6) balance sheets;
(7) income tax returns; and
(8) design, market, and feasibility studies not paid for
with public funds.
(b) Data submitted to the authority under paragraph (a)
become public data if the authority provides financial
assistance to the person, except that the following data remain
private or nonpublic:
(1) business plans;
(2) income and expense projections not related to the
financial assistance provided;
(3) customer lists;
(4) income tax returns; and
(5) design, market, and feasibility studies not paid for
with public funds.
Subd. 4. [DEFINITION.] For purposes of this section,
"housing and redevelopment authority" has the meaning given in
section 469.002, subdivision 2, and includes a government entity
exercising powers under sections 469.001 to 469.047.
Sec. 7. [13.591] [BUSINESS DATA.]
Subdivision 1. [NOT PUBLIC DATA WHEN BENEFIT
REQUESTED.] The following data, that are submitted to a
government entity by a business requesting financial assistance
or a benefit financed by public funds, are private or nonpublic
data: financial information about the business including,
credit reports; financial statements; net worth calculations;
business plans; income and expense projections; balance sheets;
customer lists; income tax returns; and design, market, and
feasibility studies not paid for with public funds.
Subd. 2. [PUBLIC DATA WHEN BENEFIT RECEIVED.] Data
submitted to a government entity under subdivision 1 become
public when public financial assistance is provided or the
business receives a benefit from the government entity, except
that the following data remain private or nonpublic: business
plans; income and expense projections not related to the
financial assistance provided; customer lists; income tax
returns; and design, market, and feasibility studies not paid
for with public funds.
Subd. 3. [BUSINESS AS VENDOR.] (a) Data submitted by a
business to a government entity in response to a request for
bids as defined in section 16C.02, subdivision 11, are private
or nonpublic until the bids are opened. Once the bids are
opened, the name of the bidder and the dollar amount specified
in the response are read and become public. All other data in a
bidder's response to a bid are private or nonpublic data until
completion of the selection process. For purposes of this
section, "completion of the selection process" means that the
government entity has completed its evaluation and has ranked
the responses. After a government entity has completed the
selection process, all remaining data submitted by all bidders
are public with the exception of trade secret data as defined
and classified in section 13.37. A statement by a bidder that
submitted data are copyrighted or otherwise protected does not
prevent public access to the data contained in the bid.
If all responses to a request for bids are rejected prior
to completion of the selection process, all data, other than
that made public at the bid opening, remain private or nonpublic
until a resolicitation of bids results in completion of the
selection process or a determination is made to abandon the
purchase. If the rejection occurs after the completion of the
selection process, the data remain public. If a resolicitation
of bids does not occur within one year of the bid opening date,
the remaining data become public.
(b) Data submitted by a business to a government entity in
response to a request for proposal, as defined in section
16C.02, subdivision 12, are private or nonpublic until the
responses are opened. Once the responses are opened, the name
of the responder is read and becomes public. All other data in
a responder's response to a request for proposal are private or
nonpublic data until completion of the evaluation process. For
purposes of this section, "completion of the evaluation process"
means that the government entity has completed negotiating the
contract with the selected vendor. After a government entity
has completed the evaluation process, all remaining data
submitted by all responders are public with the exception of
trade secret data as defined and classified in section 13.37. A
statement by a responder that submitted data are copyrighted or
otherwise protected does not prevent public access to the data
contained in the response.
If all responses to a request for proposal are rejected
prior to completion of the evaluation process, all data, other
than that made public at the response opening, remain private or
nonpublic until a resolicitation of the requests for proposal
results in completion of the evaluation process or a
determination is made to abandon the purchase. If the rejection
occurs after the completion of the evaluation process, the data
remain public. If a resolicitation of proposals does not occur
within one year of the proposal opening date, the remaining data
become public.
Sec. 8. Minnesota Statutes 2000, section 13.719, is
amended by adding a subdivision to read:
Subd. 6. [AUTOMOBILE INSURANCE.] (a) [GROUP SELF-INSURANCE
DATA.] Financial data relating to nonpublic companies that are
submitted to the commissioner of commerce for the purpose of
obtaining approval to self-insure liability for automobile
coverage as a group are classified as nonpublic data.
(b) [SELF-INSURANCE; PLAN ADMINISTRATOR DATA.] Financial
documents, including income statements, balance sheets,
statements of change in financial positions, and supporting
financial information submitted by nonpublic companies seeking
to self-insure their automobile liability or to be licensed as
self-insurance plan administrators are classified as nonpublic
data.
Sec. 9. Minnesota Statutes 2000, section 136A.243, is
amended by adding a subdivision to read:
Subd. 10. [DATA.] Account owner data, account data, and
data on beneficiaries of accounts are private data on
individuals as defined in section 13.02, except that the names
and addresses of the beneficiaries of accounts that receive
grants are public.
Sec. 10. Minnesota Statutes 2000, section 138.17,
subdivision 7, is amended to read:
Subd. 7. [RECORDS MANAGEMENT PROGRAM.] A records
management program for the application of efficient and
economical management methods to the creation, utilization,
maintenance, retention, preservation, and disposal of official
records shall be administered by the commissioner of
administration with assistance from the director of the
historical society. The state records center which stores and
services state records not in state archives shall be
administered by the commissioner of administration. The
commissioner of administration is empowered to (1) establish
standards, procedures, and techniques for effective management
of government records, (2) make continuing surveys of paper work
operations, and (3) recommend improvements in current records
management practices including the use of space, equipment, and
supplies employed in creating, maintaining, preserving and
disposing of government records. It shall be the duty of the
head of each state agency and the governing body of each county,
municipality, and other subdivision of government to cooperate
with the commissioner in conducting surveys and to establish and
maintain an active, continuing program for the economical and
efficient management of the records of each agency, county,
municipality, or other subdivision of government. When
requested by the commissioner, public officials shall assist in
the preparation of an inclusive inventory of records in their
custody, to which shall be attached a schedule, approved by the
head of the governmental unit or agency having custody of the
records and the commissioner, establishing a time period for the
retention or disposal of each series of records. When the
schedule is unanimously approved by the records disposition
panel, the head of the governmental unit or agency having
custody of the records may dispose of the type of records listed
in the schedule at a time and in a manner prescribed in the
schedule for particular records which were created after the
approval. A list of records disposed of pursuant to this
subdivision shall be forwarded to the commissioner and the
archivist maintained by the head of the governmental unit or
agency. The archivist shall maintain a list of all records
destroyed.
Sec. 11. Minnesota Statutes 2000, section 182.659,
subdivision 8, is amended to read:
Subd. 8. Neither the commissioner nor any employee of the
department, including those employees of the department of
health providing services to the department of labor and
industry, pursuant to section 182.67, subdivision 1, is subject
to subpoena for purposes of inquiry into any occupational safety
and health inspection except in enforcement proceedings brought
under this chapter. All written information, documentation and
reports gathered or prepared by the department pursuant to an
occupational safety and health inspection are public information
once the departmental inspection file is closed. Data that
identify individuals who provide data to the department as part
of an investigation conducted under this chapter shall be
private.
Sec. 12. Minnesota Statutes 2000, section 260B.171,
subdivision 1, is amended to read:
Subdivision 1. [RECORDS REQUIRED TO BE KEPT.] (a) The
juvenile court judge shall keep such minutes and in such manner
as the court deems necessary and proper. Except as provided in
paragraph (b), the court shall keep and maintain records
pertaining to delinquent adjudications until the person reaches
the age of 28 years and shall release the records on an
individual to another juvenile court that has jurisdiction of
the juvenile, to a requesting adult court for purposes of
sentencing, or to an adult court or juvenile court as required
by the right of confrontation of either the United States
Constitution or the Minnesota Constitution. The juvenile court
shall provide, upon the request of any other juvenile court,
copies of the records concerning adjudications involving the
particular child. The court also may provide copies of records
concerning delinquency adjudications, on request, to law
enforcement agencies, probation officers, and corrections agents
if the court finds that providing these records serves public
safety or is in the best interests of the child. Until July 1,
2001, Juvenile court delinquency proceeding records of
adjudications, court transcripts, and delinquency petitions,
including any probable cause attachments that have been filed or
police officer reports relating to a petition, must be released
to requesting law enforcement agencies and prosecuting
authorities for purposes of investigating and prosecuting
violations of section 609.229, provided that psychological or
mental health reports may not be included with those records.
The agency receiving the records may release the records only as
permitted under this section or authorized by law.
The court shall also keep an index in which files
pertaining to juvenile matters shall be indexed under the name
of the child. After the name of each file shall be shown the
file number and, if ordered by the court, the book and page of
the register in which the documents pertaining to such file are
listed. The court shall also keep a register properly indexed
in which shall be listed under the name of the child all
documents filed pertaining to the child and in the order filed.
The list shall show the name of the document and the date of
filing thereof. The juvenile court legal records shall be
deposited in files and shall include the petition, summons,
notice, findings, orders, decrees, judgments, and motions and
such other matters as the court deems necessary and proper.
Unless otherwise provided by law, all court records shall be
open at all reasonable times to the inspection of any child to
whom the records relate, and to the child's parent and guardian.
(b) The court shall retain records of the court finding
that a juvenile committed an act that would be a felony- or
gross misdemeanor level offense until the offender reaches the
age of 28. If the offender commits a felony as an adult, or the
court convicts a child as an extended jurisdiction juvenile, the
court shall retain the juvenile records for as long as the
records would have been retained if the offender had been an
adult at the time of the juvenile offense. This paragraph does
not apply unless the juvenile was provided counsel as required
by section 260B.163, subdivision 2.
Sec. 13. Minnesota Statutes 2000, section 299C.095,
subdivision 1, is amended to read:
Subdivision 1. [ACCESS TO DATA ON JUVENILES.] (a) The
bureau shall administer and maintain the computerized juvenile
history record system based on sections 260B.171 and 260C.171
and other statutes requiring the reporting of data on
juveniles. The data in the system are private data as defined
in section 13.02, subdivision 12, but are accessible to criminal
justice agencies as defined in section 13.02, subdivision 3a, to
all trial courts and appellate courts, to a person who has
access to the juvenile court records as provided in sections
260B.171 and 260C.171 or under court rule, to public defenders
as provided in section 611.272, and to criminal justice agencies
in other states in the conduct of their official duties.
(b) Except for access authorized under paragraph (a), the
bureau shall only disseminate a juvenile adjudication history
record in connection with a background check required by statute
or rule and performed on a licensee, license applicant, or
employment applicant or performed under section 299C.62 or
624.713. If the background check is performed under section
299C.62, juvenile adjudication history disseminated under this
paragraph is limited to offenses that would constitute a
background check crime as defined in section 299C.61,
subdivision 2. A consent for release of information from an
individual who is the subject of a juvenile adjudication history
is not effective and the bureau shall not release a juvenile
adjudication history record and shall not release information in
a manner that reveals the existence of the record.
Sec. 14. Minnesota Statutes 2000, section 299C.13, is
amended to read:
299C.13 [INFORMATION FURNISHED TO PEACE OFFICER.]
Upon receipt of information data as to any arrested person,
the bureau shall immediately ascertain whether the person
arrested has a criminal record or is a fugitive from justice,
and shall at once inform the arresting officer of the facts
ascertained, including references to any juvenile or adult court
disposition data that are not in the criminal history system.
Upon application by any sheriff, chief of police, or other peace
officer in the state, or by an officer of the United States or
by an officer of another state, territory, or government duly
authorized to receive the same and effecting reciprocal
interchange of similar information with the division, it shall
be the duty of the bureau to furnish all information in its
possession pertaining to the identification of any person. If
the bureau has a sealed record on the arrested person, it shall
notify the requesting peace officer of that fact and of the
right to seek a court order to open the record for purposes of
law enforcement. A criminal justice agency shall be notified,
upon request, of the existence and contents of a sealed record
containing conviction information about an applicant for
employment. For purposes of this section a "criminal justice
agency" means courts or a government agency that performs the
administration of criminal justice under statutory authority.
Sec. 15. Minnesota Statutes 2000, section 299C.61, is
amended by adding a subdivision to read:
Subd. 8a. [CONVICTION.] "Conviction" means a criminal
conviction or an adjudication of delinquency for an offense that
would be a crime if committed by an adult.
Sec. 16. Minnesota Statutes 2000, section 611A.19, is
amended to read:
611A.19 [TESTING OF SEX OFFENDER FOR HUMAN IMMUNODEFICIENCY
VIRUS.]
Subdivision 1. [TESTING ON REQUEST OF VICTIM.] (a) Upon
the request or with the consent of the victim, the prosecutor
shall make a motion in camera and the sentencing court shall
issue an order requiring an adult convicted of or a juvenile
adjudicated delinquent for violating section 609.342 (criminal
sexual conduct in the first degree), 609.343 (criminal sexual
conduct in the second degree), 609.344 (criminal sexual conduct
in the third degree), 609.345 (criminal sexual conduct in the
fourth degree), or any other violent crime, as defined in
section 609.1095, to submit to testing to determine the presence
of human immunodeficiency virus (HIV) antibody if:
(1) the crime involved sexual penetration, however slight,
as defined in section 609.341, subdivision 12; or
(2) evidence exists that the broken skin or mucous membrane
of the victim was exposed to or had contact with the offender's
semen or blood during the commission of the crime in a manner
which has been demonstrated epidemiologically to transmit the
human immunodeficiency virus (HIV).
(b) When the court orders an offender to submit to testing
under paragraph (a), the court shall order that the test be
performed by an appropriate health professional who is trained
to provide the counseling described in section 144.7414, and
that no reference to the test, the motion requesting the test,
the test order, or the test results may appear in the criminal
record or be maintained in any record of the court or court
services, except in the medical record maintained by the
department of corrections.
Subd. 2. [DISCLOSURE OF TEST RESULTS.] The date and
results of a test performed under subdivision 1 are private data
as defined in section 13.02, subdivision 12, when maintained by
a person subject to chapter 13, or may be released only with the
subject's consent, if maintained by a person not subject to
chapter 13. The results are available, on request, to the
victim or, if the victim is a minor, to the victim's parent or
guardian and positive test results shall be reported to the
commissioner of health. Any test results given to a victim or
victim's parent or guardian shall be provided by a health
professional who is trained to provide the counseling described
in section 144.7414. Data regarding administration and results
of the test are not accessible to any other person for any
purpose and shall not be maintained in any record of the court
or court services or any other record. After the test results
are given to the victim or the victim's parent or guardian, data
on the test must be removed from any medical data or health
records maintained under section 13.384 or 144.335 and
destroyed, except for those medical records maintained by the
department of corrections.
Sec. 17. [611A.46] [CLASSIFICATION OF DATA.]
(a) Personal history information and other information
collected, used, and maintained by a Minnesota center for crime
victim services grantee from which the identity and location of
any crime victim may be determined are private data on
individuals as defined in section 13.02, subdivision 12, and the
grantee shall maintain the data in accordance with the
provisions of chapter 13.
(b) Personal history data and other information collected,
used, and maintained by the Minnesota center for crime victim
services from which the identity and location of any victim may
be determined are private data on individuals as defined in
section 13.02, subdivision 12.
(c) Internal auditing data shall be classified as provided
by section 13.392.
Sec. 18. Laws 1997, First Special Session chapter 3,
section 27, as amended by Laws 1999, chapter 243, article 5,
section 45, is amended to read:
Sec. 27. [TAXPAYER'S PERSONAL INFORMATION; DISCLOSURE.]
(a) An owner of property in Washington or Ramsey county
that is subject to property taxation must be informed in a clear
and conspicuous manner in writing on a form sent to property
taxpayers that the property owner's name, address, and other
information may be used, rented, or sold for business purposes,
including surveys, marketing, and solicitation.
(b) If the property owner so requests on the form provided,
then any such list generated by the county and sold for business
purposes must exclude the owner's name and address if the
business purpose is conducting surveys, marketing, or
solicitation.
(c) This section expires August 1, 2001 2003.
Sec. 19. [NONCUSTODIAL PARENT PROGRAM.]
Notwithstanding Minnesota Statutes, section 13.46, until
August 1, 2002, the public authority responsible for child
support enforcement and an agency administering the noncustodial
parent employment and support services program under contract
with the department of human services in Hennepin county may
exchange data on current and former program participants for
purposes of evaluating the program. Any private agency
administering the program must agree to be bound by Minnesota
Statutes, chapter 13.
Sec. 20. [REPORT OF DATA LAWS.]
The responsible authority of each state agency shall
prepare a list that identifies all data classification
provisions relating to business that are within the jurisdiction
of the agency, or that the agency has been given the statutory
authority to ensure compliance with or enforce. The agency
shall submit this list to the commissioner of administration no
later than November 1, 2001.
Sec. 21. [REPEALER.]
Minnesota Statutes 2000, sections 13.081; 13.592; 13.5921;
13.5922; 13.593; 13.594; 13.5951; 13.5952; 13.5953; 13.596;
13.5965; 13.643, subdivision 4; and 16C.06, subdivision 3, are
repealed.
Sec. 22. [EFFECTIVE DATE.]
Sections 5 and 9 are effective the day following final
enactment.
Presented to the governor May 25, 2001
Signed by the governor May 29, 2001, 11:34 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes