PIERRE, S.D. (KELO) — Legislation that would keep commercial brokers out of the surrogacy business in South Dakota has been filed.

HB 1096 would make it a class one misdemeanor, punishable by up to one year in county jail, for people to advertise or contract for commercial surrogacy.

It wouldn’t apply to the mother who is carrying the child in her womb and gives birth to the child, whether or not she was genetically related to the child.

Representative Jon Hansen, a Dell Rapids Republican, is prime sponsor. Senator Al Novstrup, an Aberdeen Republican, is the Senate sponsor.

Other House co-sponsors are Republicans Fred Deutsch of Florence, Lance Koth of Mitchell, Doug Post of Volga, Lee Qualm of Platte and Rebecca Reimer of Chamberlain.