Topeka ? House Republicans on Thursday removed from budgetary consideration any potential new gambling dollars.

This could put in jeopardy increased funding for higher education and a number of other initiatives proposed by Gov. Kathleen Sebelius.

The decision was made by Republicans on the Appropriations Committee who said it wouldn’t be wise to count on funds from gambling because the constitutionality of the new state law allowing four casinos is being challenged before the Kansas Supreme Court.

“Expanded gaming funds cannot be budgeted until a final court decision is made regarding the legality of those funds,” Appropriations Committee Chairwoman Sharon Schwartz, R-Washington, wrote in a memo on budget preparation guidelines.

A state district court judge has upheld the gambling law. The Kansas Supreme Court has set May 14 to hear arguments on the issue, which means justices aren’t likely to rule before legislators end the 2008 session.

At the start of the session, Sebelius proposed a budget that included $80 million from gambling revenue.

Included in that $80 million was expansion of the Kansas University School of Pharmacy, a cost-of-living increase for public employee retirees, $15 million for maintenance and repairs on college campuses and a 2.5 percent state employee pay raise.

The memo from Schwartz also calls on the subcommittees to scrutinize all proposed funding enhancements offered by Sebelius, including the $35 million increased operating grant for higher education.

Democrats didn’t like the budgetary maneuver.

House Democratic Leader Dennis McKinney of Greensburg said the guidelines were too arbitrary.

“Sometimes the enhancements are for well-thought-out ideas,” McKinney said.

For instance, he said, Sebelius proposed a $2.5 million increase for aviation research and training at Wichita State University from the projected gambling revenue.

“That makes no sense to take that out,” he said. “That is a strategic investment in one of the most important industries in the Kansas economy.”