Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 203 (2025GS)

Sponsor

Sen. Brammer, Brady

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms related to a civil action;
• provides legislative findings with regard to the traditional standing requirement;
• addresses the requirements for bringing a private right of action; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

19
78B-3-101.1
78B-3-101.3
78B-3-101
78B-3-101.1
78B-3-101.3
78B-3-101
0
Judicial Standing Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brady Brammer
House Sponsor: Casey Snider
LONG TITLE
General Description:
This bill addresses standing to bring a civil action.
Highlighted Provisions:
This bill:
defines terms related to a civil action;
provides legislative findings with regard to the traditional standing requirement;
addresses the requirements for bringing a private right of action; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
78B-3-101.1
, Utah Code Annotated 1953
78B-3-101.3
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
78B-3-101.5
, (Renumbered from 78B-3-101, as enacted by Laws of Utah 2008, 
Chapter 3)
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
78B-3-101.1
 is enacted to read:
3. CIVIL ACTIONS
1. Right to Sue and Be Sued
78B-3-101.1
. Definitions for part.
As used in this part:
(1)
"Defendant" means a person against which a civil action is brought.
(2)
"Plaintiff" means a person that brings a civil action.
(3)
"Third party" means a person other than the plaintiff.
(4)
"Traditional standing requirement" means the requirement established by the Utah 
Supreme Court that a plaintiff bringing a private right of action can establish that the 
plaintiff has an injury in fact, causation, and redressability.
Section 2, Section 
78B-3-101.3
 is enacted to read:
78B-3-101.3
. Requirements for a private right of action -- Findings.
(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.
Section 3, Section 
78B-3-101.5
, which is renumbered from Section 78B-3-101 is renumbered 
and amended to read:
78B-3-101
78B-3-101.5
. Husband and wife -- Actions -- Defense -- Absent 
spouse.
(1)
If a husband and wife are sued jointly, either or both may defend in each one's own right 
or for both parties.
(2)
Either party to a marriage may sue and be sued in the same manner as if the person is 
unmarried.
(3)
(a)
When a spouse has deserted the family, the remaining spouse may prosecute or 
defend in the absent spouse's name any action which the absent spouse might have 
prosecuted or defended. 
(b)
All powers and rights the absent spouse might have shall be extended to the 
remaining spouse.
Section 4. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-7-25 11:03 PM