Legislators Return Donations From Retiring Politician : Fund raising: Assemblyman Tom Bane collected the money before deciding not to seek reelection. The contributions were unsolicited, lawmakers say.

Five Los Angeles lawmakers returned campaign contributions totaling $6,000 to Assemblyman Tom Bane (D-Tarzana) because the money was unsolicited and they questioned whether Bane was allowed to spend his nearly $500,000 war chest after deciding not to seek reelection.

But officials of the state Fair Political Practices Commission said Bane can give the money to candidates as long as he is in office, leaving open the question of who the longtime legislator will favor with his cash--as well as who will accept.

“I know there are no restrictions on the money,” said Stacey Wilson, Bane’s campaign treasurer. “He can issue checks to anyone as long as he is in office.”

Bane did not return telephone calls from The Times.

Reps. Howard L. Berman (D-Panorama City) and Henry A. Waxman (D-Los Angeles) each returned $1,000 checks from Bane, as did state Assemblymen Terry B. Friedman (D-Los Angeles) and Burt Margolin (D-Los Angeles). State Sen. Herschel Rosenthal (D-Los Angeles) gave back $2,000.

The five legislators are allies in a political organization headed by Waxman and Berman.

“From our point of view, there is an appearance problem,” Berman spokeswoman Gene Smith said. She said Bane contributors may not have realized that the assemblyman was planning to retire and that their contributions would be given to someone else.

Bane was criticized for collecting money from supporters at the rate of nearly $4,000 a day from Jan. 1 until his surprise retirement announcement March 6. Afterward, contributions slowed but continued at the rate of about $2,000 a day until March 17, the last day of the current campaign reporting period.

“He can do what he wants with the money as long as he is in office,” said Carol Thorp, spokeswoman for the Fair Political Practices Commission. “There are some limits in giving for federal elections, but as far as state races, there is no ceiling.”

Bane has said that he did not tell his colleagues of his retirement plans beforehand for fear they would try to persuade him to run for another term. Bane, 78, said he would likely work for his wife Marlene, a political consultant and campaign fund-raiser.

Bane’s last-minute announcement caught the Berman and Waxman group by surprise and threw a wrench into plans for state Assemblywoman Barbara Friedman, a freshman lawmaker in the group. She had originally planned to run in the 41st District against state Assemblyman Pat Nolan (R-Glendale) after losing her 46th District through reapportionment.

But after Bane’s announcement, she switched to his 40th District, a predominantly Democratic enclave in the southwest San Fernando Valley.

Rosenthal said, through spokeswoman Lynette Stevens, that he was “very unhappy” with Marlene Bane agreeing to serve as campaign manager for Republican candidate Carol Rowen, who is running against state Sen. David Roberti in a new Valley district.

Rosenthal also said he would not accept Bane’s donation “out of deference to Roberti.” Terry Friedman said he returned Bane’s check because he does not accept money from other elected officials.

“I just don’t accept contributions from other elected officials,” Friedman said. “I prefer to raise money myself directly. It is perfectly lawful, I just haven’t done it.”

Friedman said, however, “I’ve made contributions to colleagues in the past.”

Spokespersons for Waxman and Margolin said the checks were returned because they were unsolicited and there was some question about whether Bane could contribute after declaring his retirement.

“Besides,” added Waxman campaign treasurer Lenore Wax, “Bane was not a regular contributor.”

Wilson, Bane’s campaign treasurer, confirmed that her office received the checks back from Berman, Waxman, Friedman, Margolin and Rosenthal.

As of March 17, Bane had a cash balance of $491,641. He had raised $251,193 between Jan. 1 and March 4 of this year. He received another $13,330 between his March 6 retirement announcement and the end of the reporting period, March 17.

Bane reported spending about $132,000 on campaign-related expenditures--which include gifts, food and rent for fund-raisers--during the first three months of 1992.

Wilson said she has yet to add up how much money Bane received from contributors after March 17.

The next reporting period ends May 16, with reports due the Los Angeles County registrar-recorder’s office on May 22.