1. (1) The Legislature finds that:

   1. (a) the traditional standing requirement in a private right of action is important to ensure that a plaintiff has a personal stake in the outcome of the action;
   2. (b) the traditional standing requirement respects and safeguards the core constitutional principles of separation of powers by limiting a court's authority to hear only a private right of action where the plaintiff has a personal stake in the outcome of the action;
   3. (c) the traditional standing requirement protects the legal rights and interests of the person with the right to bring the private right of action; and

   4. (d) allowing a plaintiff that does not meet the traditional standing requirement for a claim that asserts the constitutional rights of a third party in a private right of action:

      1. (i) infringes on the constitutional and statutory rights of the third party to bring a private right of action on the third party's own behalf;
      2. (ii) conflicts with statutory and procedural laws that recognize that a real party in interest is the proper party for bringing a private right of action; and
      3. (iii) circumvents class action laws that protect a third party from having claims litigated on the third party's behalf without the third party's knowledge or consent.
2. (2) For a plaintiff to bring a private right of action in a court of this state, the plaintiff shall meet the traditional standing requirement in a private right of action.

3. (3) If a plaintiff brings a private right of action in a court of this state with a claim asserting the constitutional rights of a third party, the plaintiff shall establish that:

   1. (a) the third party meets the traditional standing requirement for bringing the action;
   2. (b) the plaintiff has a substantial relationship with the third party;
   3. (c) there is no way for the third party to bring a private right of action to assert the third party's own constitutional rights; and
   4. (d) the third party's constitutional rights would be weakened without the plaintiff bringing the action.

4. (4) If the plaintiff is an association bringing a private right of action on behalf of any member of the association, the plaintiff shall plead with particularity that:

   1. (a) the member meets the traditional standing requirement for bringing a private right of action;
   2. (b) the member consents to the association bringing the action on the behalf of the member; and
   3. (c) the participation of the member is not necessary to the resolution of the action.
5. (5) Notwithstanding Subsection (1) or (2), a plaintiff may bring a private right of action in a court of this state if the plaintiff is authorized by statute to bring the private right of action.
6. (6) A court shall dismiss a private right of action if the plaintiff cannot demonstrate that the plaintiff meets the requirements of this section.

Enacted by Chapter 454, 2025 General Session