MONTGOMERY - With Hurricane Ike pushing gas prices above $5 today, Gov. Bob Riley late this afternoon declared a state of emergency for Alabama, triggering a price-gouging law.

Riley cited the U.S. Department of Energy's prediction that gasoline and other energy shortages will likely occur in Alabama because of Hurricane Ike.

The state law that prohibits "unconscionable pricing" of items for sale or rent takes effect when the governor has declared a state of emergency.

Earlier in the day, the governor's office noted that an Alabama governor's ability to declare a state of emergency was very limited.

By law, an Alabama governor cannot declare a state of emergency unless there has been or there is anticipated to be an attack on the United States, a natural disaster of major proportions affecting Alabama or a public health emergency.

"I believe this new information means a threat to public health is a strong possibility due to the shortage of fuels," said Riley.

"I deem it an emergency."