(a) No suit, action or other proceeding, judicial or administrative, lawfully commenced by or against the Kansas department of health and environment or by or against any officer or employee of the department acting in the official capacity of such officer or employee or in relation to the discharge of official duties, shall abate by reason of the transfer of powers, duties and functions effected under the provisions of Kan. Stat. Ann. §§ 74-623 through 74-628, and amendments thereto. The court may allow any such suit, action or proceeding to be maintained by or against the state corporation commission.

(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking of effect of Kan. Stat. Ann. §§ 74-623 through 74-628, and amendments thereto.