78B-3-101.3. Requirements for a private right of action -- Findings.
(1) The Legislature finds that: 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; 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; the traditional standing requirement protects the legal rights and interests of the person with the right to bring the private right of action; and 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: 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; 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 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) 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) 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: the third party meets the traditional standing requirement for bringing the action; the plaintiff has a substantial relationship with the third party; 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 the third party's constitutional rights would be weakened without the plaintiff bringing the action.
(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: the member meets the traditional standing requirement for bringing a private right of action; the member consents to the association bringing the action on the behalf of the member; and the participation of the member is not necessary to the resolution of the action.
(5) Notwithstanding Subsectionor (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. (1)
(6) A court shall dismiss a private right of action if the plaintiff cannot demonstrate that the plaintiff meets the requirements of this section.