(1) The Legislature finds that:
(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;
(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;
(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
(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:
(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;
(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
(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) 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:
(a) the third party meets the traditional standing requirement for bringing the action;
(b) the plaintiff has a substantial relationship with the third party;
(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
(d) 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:
(a) the member meets the traditional standing requirement for bringing a private right of action;
(b) the member consents to the association bringing the action on the behalf of the member; and
(c) the participation of the member is not necessary to the resolution of the action.
(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) A court shall dismiss a private right of action if the plaintiff cannot demonstrate that the plaintiff meets the requirements of this section.