What Happens When You Turn 18 in the State of California?

Age 18 in the United States is considered the "age of majority" and is a major milestone.

Age 18 has been the age of majority since the 26th Amendment, signed into law by President Nixon in July 1971. Historically the age of majority was 21, but when Franklin D. Roosevelt lowered the military draft age to 18 during World War II, there was a push to align the voting age with the military draft age.

So what changes when you turn 18? The State Bar of California previously published a nice guide for teenagers to help better understand how their rights and responsibilities change at age 18.

Here's a summary of these rights and responsibilities, excerpted from the California Lawyers Foundation booklet (updated in 2021), “When You Turn 18 - A Legal Survival Guide” (pdf file) (Spanish language version):

1. Enter into binding contracts - for example, leases, opening bank accounts and applying for loans (of course, to obtain the loan, you may still need a co-signer).

2. Buy or sell property, such as real estate and stock.

3. Marry without written consent of parents or guardian.

4. Sue or be sued.

5. Compromise, settle or arbitrate a claim.

6. Make or revoke a will.

7. Inherit property outright.

8. Vote in federal, state and local elections. (Since 2016, 16 and 17 year olds may pre-register to vote at age 18.)

9. Consent to all types of medical treatment.

10. Join the military without parental consent. Male U.S. citizens or immigrants living in the U.S. generally must register with the Selective Service System within 30 days of turning 18. (Females are not currently not required to register for the draft.)

11. Get a job without a special work permit.

12. Serve jury duty.

13. Be subject to more serious consequences for breaking the law.

14. Prior to June 9, 2016, you could buy tobacco products. The law changed, however, and now you have to wait until you are age 21. This also includes e-cigarettes and vaping products.

15. At age 18 you can give blood without parental consent in California (written parental consent is required for 16 and 17 year olds).

16. At age 18 you may become an organ donor without parental consent. www.organdonor.gov/about/donors/child-infant.html

17. Apply for credit in your own name, though you will likely need to show proof of income or have a co-signer.

18. You can get a tattoo at age 18 and can do so without parental consent. You cannot get a tattoo under the age of 18. It is a misdemeanor to give or even offer to give a tattoo to someone under the age of 18 in California. (PC 653)

19. You can get a piercing without parental consent at age 18.

20. You can file a petition to change your name at age 18.

21. You can play the Lottery at age 18 in most states (except Iowa and Louisiana - party poopers).

22. In California and most states (except Arizona, Iowa, Nevada and Texas), you can bet on horse races (e.g. pari-mutuel betting).

23. You can play charity bingo at age 18 in California.

What you still cannot do:

1. Purchase tobacco products, e-cigarettes and vaping products (mentioned above). You must be age 21. In fact, federal law changed in December 2019 to require all states to change the minimum age for tobacco purchases to 21.

2. Purchase and consume alcoholic beverages. The minimum age for drinking in all states is 21.

   Some states have minor (so to speak) exceptions to the age 21 requirement. In Kansas, under 21 may drink “cereal malt beverages” under parental supervision on their own property. What is a cereal malt beverage? A beverage with no more than 3.2% alcohol by weight produced by fermentation, not by distillation. Coors Light has 4.2% alcohol as a comparison. The states of Alaska, Connecticut, Louisiana, Maine, Maryland, Ohio and Wisconsin have exceptions that allow individuals under age 21 to drink when parents or guardians are present. If you are 18 and really want to drink, the territories of Puerto Rico and the Virgin Islands allow legal drinking, unencumbered by the presence of parents, at age 18.

3. You cannot sell or serve alcoholic beverages for consumption on-premises until you are age 21. However, it is allowable for someone 18 to 21 to serve alcoholic beverages to consumers in a restaurant along with food for consumption on premises.

For more information about the “When You Turn 18: A Legal Survival Guide” publication and/or to request physical copies of the booklet at calawyersfoundation.org/our-work.

Provisional Driver License Permit Restrictions In the State of California

According to a 2012 Pew Research Center World Fertility Report, when it comes to women nearing the end of their childbearing years (age 40-44), the U.S. ranks near the top of the list. Of 118 countries providing data, only six had a higher "childlessness" rate than the U.S. rate of 19%.

But inversely, that means 81% of women at the age have indeed had children, and according to that study, U.S. women have an average of 1.9 kids. And this of course means that eventually, these women and their spouses have to deal with the topic of...DRIVERS' PERMITS for their teens!

Provisional Driver Permit Requirements

So what are the rules for provisional permits in the state of California? According to the California DMV website, to apply for a provisional permit, you must be at least 15 1/2 but under 18, make an appointment with the DMV, complete a driver license application (DL 44 form), provide a fingerprint, pay a fee, pass a vision exam (you must have 20/40 with or without glasses in both eyes and each eye individually), get a passing score of at least 38 out of 46 questions on a traffic laws test* and submit certification of proper driver education programs. Oh, and your parent(s) or guardian(s) must sign your DL 44 form.

The provisional permit is not valid until you start your behind-the-wheel driver training with an instructor or reach age 17 1/2.

* If you fail the test, you must wait 7 days, not including the day the test was failed, before retaking the test.

CLICK HERE TO TRY A SAMPLE DRIVER’S LICENSE TEST

This is one place you don’t want to drive your car - into the Hillcrest Open Space in Thousand Oaks.

Minors' Provisional License Requirements

To get a provisional driver license as a minor, you must be at least 16 years old, prove that you have finished both driver education and behind the wheel training, have held an instruction permit for at least six months, and have parents' signatures that you completed at least 50 hours of supervised driving practice (including 10 hours at night), and pass the driving test.**

** If you fail the driving test, you must wait 2 weeks, not including the day the test was failed, before retaking the test. If you fail the driving test 3 times, you must reapply and pay all applicable fees. Do not pass Go. Do not collect $100.

Provisional Driver License Restrictions

After you receive your provisional permit, for 12 months you cannot transport people under age 20 or drive between 11 pm and 5 am without a licensed parent or guardian, California driver 25 years old or older, or certified driving instructor accompanying you. Put another way, a provisional driver can drive alone only the hours of 5 am and 11 pm. There are some exceptions that can be made for medical, school/school activities, employment or other necessities. 

Since July 1, 2008, drivers under age 18 cannot use cell phones or other electronic devices while driving, even in hands-free mode.

Visit www.dmv.ca.gov for more information.

Holding cell phone while driving is definitely a no no.

California Minimum Wage to Increase from $15.50 to $16 Per Hour on January 1, 2024.

Effective January 1, 2024, the minimum wage for all California hourly employees increases to $16 per hour, up from $15.50 per hour that was effective January 1, 2023.

The federal minimum wage for 2024 is still $7.25, a rate unchanged since it became effective on July 24, 2009.

California minimum wage rates apply to Ventura County residents.

The City of Los Angeles minimum wage rate has been $16.78 per hour since July 1, 2023. Each year, the minimum wage is adjusted for inflation; the adjusted rate is announced on February 1st of each year and becomes effective on July 1st of each year. The city’s 2024 minimum wage rate increases to $17.28 effective July 1, 2024. See wagesla.lacity.org.

The County of Los Angeles minimum wage rate became $16.90 per hour effective July 1, 2023 and increases to $17.27 per hour (yes, one penny less than the City of Los Angeles minimum wage…who knew) starting July 1, 2024. See dcba.lacounty.gov/minimum-wage-for-businesses. This rate applies to employees in unincorporated areas of Los Angeles County.

But WAIT…you may have heard that hourly employees of national fast food eateries in California will receive minimum wage rate of $20 beginning April 1, 2024.

Minimum Wage of National Fast Food Chain Workers in Calfiornia to Increase to $20 on April 1, 2024

Assembly Bill 1228 was signed by Governor Newsom on September 28, 2023. The bill authorizes, among other things, an increase in the minimum wage of employees at national fast food restaurants to $20 on April 1, 2024.

That’s a substantial increase in the current minimum wage for fast food workers, which as of January 1, 2024 will be $16 for California hourly employees (a 25% increase) and as of July 1, 2023 has been $16.90 for hourly employees in unincorporated Los Angeles County (an 18% increase). Ventura County hourly employees currently fall under the California minimum wage rate.

So does this mean that ALL fast food workers in California will automatically start earning at least $20 per hour next April? No. It applies to workers at “national fast food chains,” which is defined as “a set of limited-service restaurants consisting of more than 60 establishments nationally that share a common brand, or that are characterized by standardized options for decor, marketing, packaging, products, and services, and which are primarily engaged in providing food and beverages for immediate consumption on or off premises where patrons generally order or select items and pay before consuming, with limited or no table service."

Bakeries gets a break. “Fast food restaurant” shall not include an establishment that on September 15, 2023, operates a bakery that produces for sale on the establishment’s premises bread, as defined under Part 136 of Subchapter B of Chapter I of Title 21 of the Code of Federal Regulations, so long as it continues to operate such a bakery. This exemption applies only where the establishment produces for sale bread as a stand-alone menu item, and does not apply if the bread is available for sale solely as part of another menu item."

AB 1228 goes on to state that the hourly minimum wage may increase annually by the lesser of 3.5% or inflation over the the most recent July 1 to June 30 period.

So some additional questions come to mind:

1. If a chain has 60+ establishments but they are only based in California, does this represent a “national fast food chain” under AB 1228? My suspicion is yes.

2. How will AB 1228 impact fast food eateries with 59 or less locations? Why would someone want to continue earning $15.50 at a smaller chain when they could work at Taco Bell or Burger King and earn $20? It would seem that although the law is written for larger chains, clearly it will impact all fast food eateries in the state.

3. How will AB 1228 impact other minimum wage jobs? As with smaller eateries, it would seem that all minimum wage jobs will be indirectly impacted by AB 1228. A $4 per hour difference between entry level fast food jobs and other minimum wage jobs is significant.

Read the entire bill at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1228.

California Law Has Required Gas Stations to Provide Free Water, Air and Air Pressure Gauge For Customers Since January 2000

There’s a law that was passed in 1999, that made it a requirement for service stations in California to provide free water, compressed air and an air pressure gauge to customers who purchase fuel.

A service station is defined as an establishment that offers gasoline or other motor vehicle to the public.

I’m slightly embarrassed to admit that I was not aware of this law until just recently, when a few folks shamed me for paying $1.00 to fill the air in my tires. (That said, I was not a paid customer at the time. So technically I was not legally entitled to free compressed air.)

Section 13651 of the California Business and Professions Code further indicates “Every service station in this state shall display, at a conspicuous place on, at, or near the dispensing apparatus, at least one clearly visible sign which shall read as follows: CALIFORNIA LAW REQUIRES THIS STATION TO PROVIDE FREE AIR AND WATER FOR AUTOMOTIVE PURPOSES TO ITS CUSTOMERS WHO PURCHASE MOTOR VEHICLE FUEL. IF YOU HAVE A COMPLAINT NOTIFY THE STATION ATTENDANT AND/OR CALL THIS TOLL-FREE TELEPHONE NUMBER: 1 (800) ___ ____. “

So perhaps this post will save someone from unnecessarily paying 75 cents to $1.50 to fill up their tires.

There is no requirement to provide the air for free to non-paying customers.

California Minimum Wages Increased to $15.50 Per Hour on January 1, 2023

Effective January 1, 2023, the minimum wage for all California hourly employees is $15.50 per hour, up from $15 per hour for employers of 26 or more and $14 per hour for employers of 25 or less in 2022.

The federal minimum wage for 2023 is still $7.25, a rate unchanged since it became effective on July 24, 2009.

California minimum wage rates apply to Ventura County residents.

The City of Los Angeles minimum wage rate has been $16.04 per hour since July 1, 2022. Each year, the minimum wage is adjusted for inflation; the adjusted rate is announced on February 1st of each year and becomes effective on July 1st of each year. The city’s 2023 minimum wage rate increases to $16.78 effective July 1, 2023. See wagesla.lacity.org.

The County of Los Angeles minimum wage rate became $15.96 per hour effective July 1, 2022 and increases to $16.90 per hour starting July 1, 2023. See dcba.lacounty.gov/minimum-wage-for-businesses.

Why the City of Los Angeles and County of Los Angeles can’t align their rates to be the same is beyond me.

Looking for a higher minimum wage? Move to San Francisco, where the rate has been $16.99 per hour since July 1, 2022 and will be adjusted for inflation again on July 1, 2023 to $18.07 per hour. See sf.gov/information/understanding-minimum-wage-ordinance.

Or better yet, the City of Emeryville, CA minimum wage effective July 1, 2022 became $17.68 and increases to $18.67 on July 1, 2023. See www.ci.emeryville.ca.us/1024/Minimum-Wage-Ordinance.

The highest city minimum wage rate in the country in 2023 is $18.69 per hour for employers in Seattle, Washington. www.seattle.gov/laborstandards/ordinances/minimum-wage

Looking for states with minimum wages set at the federal rate of $7.25/hour? That would be Alabama, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, New Hampshire, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Wisconsin and Wyoming.

California’s minimum wage rate in 2022 was the third highest in the country. Washington D.C. is at $16.50 per hour, increasing to $17 per hour on July 1, 2023. The state of Washington is at $15.74 per hour for workers 16 and older. Massachusetts is currently at $15 per hour effective January 1, 2023. www.mass.gov/info-details/massachusetts-law-about-minimum-wage

State of California Smog Check Program Requirements

I was about to renew my auto registration online as I’ve done mindlessly for many years, until I looked more carefully at the notice and I read the dreaded “STOP: SMOG Certification Required” imprinted near the top of the notice. I’ve owned the minivan for eight years and wondered, why NOW!?

The California Smog Check Program has been in place since 1984.and is administered by the Bureau of Automotive Repair, or BAR. BAR licenses independently owned smog check stations throughout the state.

THE BASICS

The BAR indicates a smog check is required EVERY OTHER YEAR as part of the vehicle registration process. It is also required when a vehicle changes ownership or when it is registered for the first time in California.

Every other year? That can’t be, because this was the first time I’ve been asked to do a smog check in the eight years since I owned the car, right?

The BAR goes on to explain that gasoline-powered vehicles, hybrid vehicles and alternative-fuel vehicles that are model year 1976 and newer require a smog check, with the following exceptions:

• Eight model years and newer do not require a biennial smog check.

• Four model years and newer do not require a change-of-ownership check.

In English, this means you need to add 8 to the model year of your vehicle to determine when you need to start doing biennial, or every other year, smog checks. For example, my 2014 minivan needs a smog test starting in 2022. And if I purchase a used 2018 vehicle in 2022, it would be subject to a smog check.

SMOG CHECKS ARE NOT REQUIRED FOR:

• 1975 or older vehicles

• Eight model years or newer vehicles

• Four model years or newer vehicles changing ownership

• Electric vehicles

• Motorcycles

• Tricycles (OK, I decided to throw this in to make sure you were paying attention.)

• Diesel vehicles model year 1997 and older

• Diesel vehicles with a gross weight of over 14,000 pounds

OTHER

Wait a second, my 2014 minivan is eight years old. Why this year, not next year, for the first smog check? Because the state assumes that model years are released in the calendar year prior to a vehicle’s model year. So regardless whether I purchased my brand new 2014 minivan in 2013 or 2014, it is assumed to be one model year old in 2014. That means, it is theoretically turning nine model years old in 2022. Hence, the need for a smog check for the first time in 2022.

If your smog check passes, hurray! The smog “certificate” is electronically submitted to the DMV and you are on your way to renew your vehicle registration. If it fails the test, you need to get it fixed, or you can visit a “smog check referee” for a second opinion.

“But I don’t want to get a smog check!” Well, then buy an electric car or a model 1975 or older car. Or buy a new car before your car turns eight model years old. Or move to a state like Alabama that doesn’t require emissions testing.