PHOENIX — Buffeted by criticism, the architect of an alternate employer sanctions initiative has recrafted his plan.

 The new version of the initiative, filed Tuesday, still provides absolute immunity from charges of hiring undocumented workers if they check the legal status of new employees through the federal government’s E-Verify program. By contrast, the state law the initiative seeks to replace provides only qualified immunity.

 But Andrew Pacheco, who filed his original initiative petition last week, has now added a new provision which would make it a felony for an employer to knowingly accept false identification.

 He said that ensures someone is punished for hiring undocumented workers, even if the company where the person is hired is allowed to remain in business.

 The revised initiative also spells out that firms which knowingly employ those not here legally could lose not only state-issued licenses, like those given to bars and contractors, but also any other state authorization to stay in business.

 That specifically includes articles of incorporation and the state license to collect sales taxes — items covered by the law approved earlier this year by the Legislature.

 Pacheco, who used that new law as a template, insisted it wasn’t his intent to narrow the scope of punishment. He said that, as an attorney, he believes that language is legally unnecessary.

 But he conceded that a court interpreting the initiative might conclude that by altering the legislatively approved version he intended to bar the state from taking away incorporation or sales tax collection authority.

 Pacheco, an attorney in private practice, said he is not trying to help employers who hire undocumented workers. But he said he believes the legislation approved by lawmakers is not fair.

 That law allows a judge to suspend a company’s state licenses and authority to do business for 10 days if it is found guilty of knowingly hiring an undocumented worker. A second offense within three years puts the firm out of business.

 It requires firms to use the federal government’s E-Verify system to check the legal status of new workers and provides a “rebuttable presumption’’ an employer who has done that is not breaking the law.  Pacheco’s measure, originally filed a week ago, includes the same potential punishments. But it says a company which uses the federal database is totally immune from prosecution.

 The new version of the initiative filed Tuesday keeps that language. But it also says an individual who knowingly accepts a fake ID in hiring someone can be imprisoned for up to 2 1/2 years.

 Pacheco acknowledged that still allows a firm to escape being put out of business even if prosecutors prove that false information was deliberately fed into the federal database. But he defended the provision. “We don’t want a business to lose its license in that sit  By Howard Fischer

 Capitol Media Services

 PHOENIX — Buffeted by criticism, the architect of an alternate employer sanctions initiative has recrafted his plan.

 The new version of the initiative, filed Tuesday, still provides absolute immunity from charges of hiring undocumented workers if they check the legal status of new employees through the federal government’s E-Verify program. By contrast, the state law the initiative seeks to replace provides only qualified immunity.

 But Andrew Pacheco, who filed his original initiative petition last week, has now added a new provision which would make it a felony for an employer to knowingly accept false identification.

 He said that ensures someone is punished for hiring undocumented workers, even if the company where the person is hired is allowed to remain in business.

 The revised initiative also spells out that firms which knowingly employ those not here legally could lose not only state-issued licenses, like those given to bars and contractors, but also any other state authorization to stay in business.

 That specifically includes articles of incorporation and the state license to collect sales taxes — items covered by the law approved earlier this year by the Legislature.

 Pacheco, who used that new law as a template, insisted it wasn’t his intent to narrow the scope of punishment. He said that, as an attorney, he believes that language is legally unnecessary.

 But he conceded that a court interpreting the initiative might conclude that by altering the legislatively approved version he intended to bar the state from taking away incorporation or sales tax collection authority.

 Pacheco, an attorney in private practice, said he is not trying to help employers who hire undocumented workers. But he said he believes the legislation approved by lawmakers is not fair.

 That law allows a judge to suspend a company’s state licenses and authority to do business for 10 days if it is found guilty of knowingly hiring an undocumented worker. A second offense within three years puts the firm out of business.

 It requires firms to use the federal government’s E-Verify system to check the legal status of new workers and provides a “rebuttable presumption’’ an employer who has done that is not breaking the law.  Pacheco’s measure, originally filed a week ago, includes the same potential punishments. But it says a company which uses the federal database is totally immune from prosecution.

 The new version of the initiative filed Tuesday keeps that language. But it also says an individual who knowingly accepts a fake ID in hiring someone can be imprisoned for up to 2 1/2 years.

 Pacheco acknowledged that still allows a firm to escape being put out of business even if prosecutors prove that false information was deliberately fed into the federal database. But he defended the provision. “We don’t want a business to lose its license in that situation,’’ he said. “We don’t want the 999 employees to lose their job,’’ Pacheco continued. “We want the one bad actor to be punished.’’ Pacheco’s measure is competing not only with the new law which will take effect Jan. 1 unless a federal judge rules it is illegal. There also is another initiative drive being spearheaded by former Republican gubernatorial candidate Don Goldwater which actually is tougher than what the Legislature approved: It would put a firm out of business for a single conviction of knowingly hiring undocumented workers.

 Both initiative drives have to gather 153,365 signatures by July 3 to qualify for the 2008 general election ballot.