Ward Connerly, who seven years ago led the successful Proposition 209 campaign to ban racial preferences in state education, hiring and contracting, called the new law -- AB 703 -- a "nefarious attack on equality."

Connerly said a lawsuit will be filed to challenge the legislation, which was written by Assemblyman Mervyn Dymally, D-Compton, and approved by Davis on Aug. 9. It takes effect Jan. 1.

Proposition 209 bans preferential treatment or discrimination on the basis of race, sex, color, ethnicity or national origin. But Dymally said the measure does not specifically define discrimination, so his bill fills that gap.

AB 703 uses language from a 1960s United Nations treaty to define racial discrimination in a way that excludes "special measures" taken on behalf of underrepresented groups.

AB 703 does not define the scope of such special measures, saying only that they cannot result in maintaining "separate rights for different racial groups" and must be discontinued once their objectives are met.

Dymally contends his goal is to encourage outreach programs.

AB 703 was necessary because many school administrators wrongly assumed that Proposition 209 barred the hiring of minority professors, he said.

Connerly claims AB 703 will "change the constitution by statute and grant 'special measures' to racial groups without proof of discrimination."

But Russ Lopez, Davis' spokesman, said the measure simply provides a legal definition that was lacking -- it doesn't violate Proposition 209, he said.

"(Davis) has done more than any other governor when it comes to basic rights and equalities for the underserved communities of California," Lopez added.