ST. PAUL, Minn. - Minnesota's new Republican lieutenant governor says she'll reject the job's higher salary as she plans to maintain her seat in the state Senate.

GOP Sen. Michelle Fischbach was in line to join Democratic Gov. Mark Dayton's administration after Tina Smith resigned the job to join the U.S. Senate. Fischbach confirmed in a Wednesday statement she ascended to the job, stressing she is now Minnesota's "Acting Lieutenant Governor."

But Fischbach said she'd decline its salary of nearly $96,000 in lieu of her legislative salary of $45,000 annually. Republicans are anxious to keep Fischbach in the Senate to protect a narrow majority.

It's still ripe for a lawsuit from Democrats who say Fischbach can't hold both jobs. Senate Minority Leader Tom Bakk has promised to challenge its constitutionality.