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

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

(2)  The maximum of which may be $25 if the violationis 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 violationis 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 asdefined by section 291E-1, or if the offense under [section] 291E-61(a)(3) or291E-61(a)(4) is a second or subsequent offense that occurred within five yearsof the first offense.

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

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