RAPID CITY - The battle was lost long ago, but state Sen. Bill Napoli says it's time to fight again.

The Rapid City Republican wants U.S. Sen. John Thune to lead an effort in Congress to repeal or amend a 1984 federal law that required states to establish 21 as their minimum drinking age or face the loss of millions of dollars every year in federal highway funds.

"It's a horrendous law," Napoli said. "This has been an issue of mine for a very long time. I think the issue has lain dormant long enough."

Napoli recently sent Thune a letter with the request. Thune, R-S.D., said in response that he was troubled by the federal mandate but believed trying to change it would be "a tough battle to take on."

In responding to Journal questions on the issue, Thune said there are many instances where the federal government legally puts conditions on the money its sends to the states, which is what the federal law did more than 20 years ago.

After the 1984 law took effect, South Dakota joined several other states - mostly in the West and Northern Plains - in resisting the mandate. After losing an appeal in the U.S. Supreme Court, the state standardized its drinking age at 21.

Lawmakers took that action primarily to prevent the federal government from withholding a portion of the state's allocation of highway money - in most cases, 5 percent. Certain funds would actually be cut by 10 percent. Based on the total allocation in 2006, that could cost the state more than $15 million a year.

Before the federal mandate, South Dakota allowed 19-year-olds - and before that, 18-year-olds - to drink beer with no more than 3.2 percent alcohol content.

Napoli still believes young people 18 years old and older should have that right and probably should get a broader range of alcohol options. That's especially true during a time when so many military personnel younger than 21 years old are going off to fight for their country, he said.

"I think the Iraq war has really brought home that we need to take a very serious look at this issue," he said. "We're losing 18-, 19-, 20-year-olds over there all the time fighting to save our country, our way of life, our people's lives. They come home from war more mature and having seen more than many of us sitting in our easy chairs. And we're telling them they're not mature enough to drink?"

Thune said he agrees with Napoli that U.S. soldiers grow up quickly in war zones and that many younger than 21 might be ready for alcohol rights. But he still has reservations about Napoli's challenge.

"It would be nice to make exceptions for those who serve this country and display exceptional judgment," he said. "But current law appears to be the only objective approach to continue to increase public safety and reduce drinking-related traffic fatalities, especially when roughly one-half of South Dakota highway fatalities involve alcohol."

Napoli questioned whether the 21-year-old drinking age is having any substantial impact on alcohol-related crashes. Most underage people get all the alcohol they want illegally, which leads to more irresponsible drinking patterns than if they were treated as adults and taught to drink responsibly, he said.

"You can go to any high school, and if the kids are willing to be honest with you, they're drinking," he said. "To me, this is as big a boondoggle as prohibition. And we've let it happen."

Napoli said he would continue to encourage Thune to take on the battle in Congress. If that fails, he said he would issue the challenge to Sen. Tim Johnson, D-S.D., and Rep. Stephanie Herseth Sandlin, D-S.D.

Napoli also might introduce a resolution in the 2008 state Legislature encouraging the congressional delegation to work toward eliminating the federal mandate.

Contact Kevin Woster at 394-8413 or kevin.woster@rapidcityjournal.com