[§291E-7]  Trauma system surcharge.  (a) 
In addition to any other civil penalties ordered by the court, a person who
violates any offense under this part may be ordered to pay a trauma system
surcharge, provided that:



(1)  The maximum of which may be $10 if the violator
is not already required to pay a trauma system surcharge pursuant to the
violation of the offense;



(2)  The maximum of which may be $25 if the violation
is an offense under [section] 291E-61(a)(1), 291E-61(a)(3), or 291E-61(a)(4);



(3)  The maximum of which may be $50 if the violation
is an offense under [section] 291E-61(a)(2) or 291E-61.5 or the offense under [section]
291E-61(a)(3) or 291E-61(a)(4) was committed by a highly intoxicated driver as
defined by section 291E-1, or if the offense under [section] 291E-61(a)(3) or
291E-61(a)(4) is a second or subsequent offense that occurred within five years
of the first offense.



(b)  The surcharge shall not be ordered when
the court determines that the defendant is unable to pay the surcharge.



(c)  The person shall pay the surcharge to the
clerk of the court.  The surcharge shall be deposited with the state director
of finance who shall transmit the surcharge to the trauma system special fund
pursuant to section 321-22.5. [L 2008, c 231, §3]