Current Report


UNITED STATES SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C.  20549



FORM 8-K

CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934

Date of Report (Date of Earliest Event Reported) : November 8, 2012

NIC INC.
(Exact name of registrant as specified in its charter)

Delaware

000-26621

52-2077581

(State or other jurisdiction
of incorporation or organization)

(Commission

File Number)

(I.R.S. Employer

Identification No.)

25501 West Valley Parkway, Suite 300

Olathe, Kansas 66061

(Address of principal executive offices, including zip code)

(877) 234-3468
(Registrant's telephone number, including area code)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))


ITEM 2.02          RESULTS OF OPERATIONS AND FINANCIAL CONDITION

On November 8, 2012, NIC Inc. (the “Company”) issued a press release announcing its 2012 third quarter financial results. A copy of the press release is furnished with this report on Form 8-K as Exhibit 99, and is incorporated by reference herein.

ITEM 7.01          REGULATION FD DISCLOSURE

The Company will host a conference call, which will also be available by webcast, to discuss its third quarter financial results at 4:30 p.m. EST on November 8, 2012.

The information in this Form 8-K and Exhibit 99 is being furnished and shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934 (the "Exchange Act") or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933 or the Exchange Act, except as shall be expressly set forth in such filing.

ITEM 9.01          FINANCIAL STATEMENTS AND EXHIBITS

(d) Exhibits

99 - Press release issued by NIC Inc. dated November 8, 2012, announcing its third quarter financial results is being furnished as part of this report.

- 2 -

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

NIC Inc.

 

Date: November 8, 2012

/s/ Stephen M. Kovzan

 

Stephen M. Kovzan

Chief Financial Officer

 

 

- 3 -

Exhibit 99

NIC Grows Total Revenues 14 Percent in the Third Quarter; Declares Special Cash Dividend of $0.25 Per Share

New services in Texas and New Jersey drive 21 percent same-state non-DMV revenue growth

OLATHE, Kan.--(BUSINESS WIRE)--November 8, 2012--NIC Inc. (NASDAQ: EGOV), the leading provider of eGovernment services, today announced net income of $6.0 million, and earnings per share of 9 cents, on total revenues of $53.2 million for the three months ended September 30, 2012. Operating income was $10.5 million for the current quarter as compared to $11.0 million in the prior year quarter. In the third quarter of 2011, the company reported net income of $6.8 million, and earnings per share of 11 cents, on total revenues of $46.7 million.

On November 5, 2012, NIC’s Board of Directors declared a special cash dividend of $0.25 per share, payable on December 5, 2012, to stockholders of record on November 23, 2012. The dividend payout will total approximately $16.3 million based on the current number of shares outstanding.

“NIC’s financial success has allowed us to return more than $133 million to stockholders in the form of special cash dividends since 2007, and we are pleased to be able to do so again,” said Harry Herington, NIC Chief Executive Officer and Chairman of the Board. “As with many other companies, we believe now is the time to pay a special cash dividend given the uncertainty of future dividend tax rates.”


Quarterly portal revenues grew 14 percent over the prior year quarter to a record $50.2 million, with same-state portal revenues increasing 8 percent in the current quarter. Same-state, transaction-based revenues from non-driver record (non-DMV) services rose 21 percent over third quarter 2011 driven in part by the September launch of the motor vehicle inspection service included in the DPS Direct suite of services for the Texas Department of Public Safety, and increased adoption of the New Jersey temporary automobile tag service. Same-state DMV revenues declined 3 percent for the quarter, while same-state time & materials revenues relating to portal software development decreased 12 percent from the prior year quarter.

“At NIC, we take pride in our ability to help government bring efficiencies to citizens and businesses by deploying new services,” said Herington. “Once again our portal business continued to produce solid organic revenue growth, as same-state non-DMV revenues grew a healthy 21 percent. In fact our Company’s growth was recognized for the fourth consecutive year by Forbes, as NIC recently ranked No. 31 among their list of the ‘100 Best Small Companies in America.’”

Current quarter revenues from the Maryland portal, which began generating revenues in May 2012, were $1.4 million, while revenues from the Oregon portal, which began generating revenues in June 2012, were $1.2 million. Quarterly revenues from the Delaware portal, which began generating revenues in October 2011, were $0.3 million. Current quarter cost of portal revenues included approximately $2.7 million in costs from these portals. Cost of portal revenues in the prior year quarter included approximately $0.3 million in new portal start-up costs. The portal gross profit percentage was 37 percent in the current quarter, down from 38 percent in the third quarter of 2011, due in part to non-recurring start-up and transition costs totaling approximately $0.9 million related to the Oregon portal.

“NIC achieved significant operational milestones during the current quarter, as we completed the start-up phase and transition of legacy services in Oregon and launched the first service in the Texas DPS Direct suite of services on schedule in September,” said NIC’s Chief Financial Officer Steve Kovzan. “While the Oregon and Texas DPS contracts required significant start-up investment, we currently expect these contracts will begin to contribute favorably to our bottom line, serving as catalysts for future growth.”


Software & services revenues were $3.0 million in the current quarter, up 6 percent from the prior year quarter, driven by revenues from the Company’s self-funded contract with the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration to operate the Pre-Employment Screening Program.

Selling & administrative expenses were $8.2 million in the current quarter, up from $6.3 million in the prior year quarter, and as a percentage of total revenues were 15 percent in the current quarter, up from 13 percent in the prior year quarter. In connection with the previously disclosed SEC matter and derivative action, current quarter selling & administrative expenses included approximately $0.1 million in legal fees and other third-party costs, net of reimbursement from the Company’s directors’ and officers’ liability insurance carrier. In the prior year quarter, insurance reimbursement exceeded costs related to the SEC matter and derivative action by $0.9 million. Other selling & administrative expenses in the current quarter increased by approximately $0.9 million from the prior year quarter, due in part to higher costs to enhance corporate-wide information technology infrastructure as a result of the Company’s growth.

Depreciation & amortization expense in the current quarter increased 38 percent from the prior year quarter to $1.6 million, due mainly to capital expenditures to enhance corporate-wide information technology infrastructure and to implement the motor vehicle inspection service of Texas DPS Direct. As a percentage of total revenues, depreciation & amortization expense was 3 percent in the current quarter, up from 2 percent in the prior year quarter.

The Company’s effective tax rate in the current quarter increased to 43 percent from 38 percent in the prior year quarter due mainly to higher non-deductible compensation-related expenses. In addition, the effective tax rate in the prior year quarter reflects a favorable benefit related to the Federal research and development tax credit totaling approximately $0.2 million.

Third Quarter Operational Highlights

Eight NIC partner states ranked among the Top 10 state websites in the country as part of the Center for Digital Government’s “Best of the Web” competition. Alabama was named the best state website in the country for the first time in state history, with Utah, Rhode Island, and Mississippi placing third, fourth, and fifth, respectively. Maine, Nebraska, Texas, and Virginia rounded out the Top 10. In addition, the Center for Digital Government recognized 12 NIC partners for developing outstanding individual online services, with 75 percent of all awards in the government-to business category going to NIC and its partners.


Also during the third quarter, NIC’s Utah portal extended its contract with the state ahead of schedule for an additional three years.

Third Quarter Earnings Call and Webcast Details

Dial-In Information

Thursday, November 8, 2012

4:30 p.m. (EST)

Call bridge:  

877-941-6009 (U.S. callers) or 480-629-9722 (international callers)

Call leaders:

Harry Herington , Chief Executive Officer and Chairman of the Board

Steve Kovzan , Chief Financial Officer

Robert Knapp , Chief Operating Officer

Webcast Information

To sign in and listen, visit http://www.egov.com/investors .

A replay of NIC’s 2012 third quarter earnings call will be available until 11 p.m. (EDT) on May 9, 2013, by visiting http://www.egov.com/investors .

About NIC

NIC Inc. (NASDAQ: EGOV) is the nation’s premier provider of official government portals, online solutions, and secure payment processing. The Company’s innovative eGovernment services help reduce costs and increase efficiencies for citizens, businesses, and government agencies. The NIC family of companies provides eGovernment solutions for more than 3,500 federal, state, and local agencies across the United States. Additional information is available at http://www.egov.com .


Cautionary Statement Regarding Forward-Looking Information

Any statements contained in this release that do not relate to historical or current facts constitute forward-looking statements. These statements include statements regarding the Company’s potential financial performance for the current fiscal year, statements regarding the planned implementation of new portal contracts, and statements regarding continued implementation of NIC’s business model and its development of new products and services. Forward-looking statements are subject to inherent risks and uncertainties and there can be no assurance that such statements will prove to be correct. There are a number of important factors that could cause actual results to differ materially from those suggested or indicated by such forward-looking statements. These include, among others, NIC’s ability to successfully complete negotiations of pending contracts and integrate into its operations recently awarded eGovernment contracts; NIC's ability to implement its new portal contracts in a timely and cost-effective manner; NIC’s ability to successfully increase the adoption and use of eGovernment services; the possibility of reductions in fees or revenues as a result of budget deficits, government shutdowns or changes in government policy; the success of the Company in renewing existing contracts and in signing contracts with new states and federal government agencies; continued favorable government legislation; NIC’s ability to successfully transition out of expired contracts; NIC’s ability to develop new services; existing states and agencies adopting those new services; acceptance of eGovernment services by businesses and citizens; competition; the possibility of security breaches through cyber attacks; and general economic conditions and the other important cautionary statements and risk factors described in NIC's 2011 Annual Report on Form 10-K filed with the Securities and Exchange Commission on February 24, 2012. Any forward-looking statements made in this release speak only as of the date of this release. NIC does not intend to update these forward-looking statements and undertakes no duty to any person to provide any such update under any circumstances.


 
NIC INC.
FINANCIAL SUMMARY
(UNAUDITED)
Thousands except per share amounts and percentages
               
Three months ended Nine months ended
September 30, September 30,
  2012     2011     2012     2011  
Revenues:
Portal revenues $ 50,198 $ 43,850 $ 144,952 $ 127,988
Software & services revenues   3,008     2,839     8,979     7,858  
Total revenues   53,206     46,689     153,931     135,846  
Operating expenses:
Cost of portal revenues, exclusive of depreciation & amortization 31,794 27,122 91,095 78,905
Cost of software & services revenues, exclusive of depreciation &
amortization 1,079 1,063 3,045 3,069
Selling & administrative 8,218 6,275 24,536 21,381
Amortization of acquisition-related intangible assets 53 81 214 242
Depreciation & amortization   1,606     1,167     4,236     3,361  
Total operating expenses   42,750     35,708     123,126     106,958  
Operating income 10,456 10,981 30,805 28,888
Other expense, net   -     (10 )   (1 )   (6 )
Income before income taxes 10,456 10,971 30,804 28,882
Income tax provision   4,461     4,139     13,088     11,462  
Net income $ 5,995   $ 6,832   $ 17,716   $ 17,420  
 
Basic net income per share $ 0.09   $ 0.11   $ 0.27   $ 0.27  
Diluted net income per share $ 0.09   $ 0.11   $ 0.27   $ 0.27  
 
Weighted average shares outstanding:
Basic   64,586     64,120     64,458     63,964  
Diluted   64,604     64,200     64,475     64,040  
 
Key Financial Metrics:
Revenue growth - outsourced portals 14 % 10 % 13 % 10 %
Same-state revenue growth - outsourced portals 8 % 8 % 7 % 9 %
Recurring portal revenue as a % of total portal revenues 92 % 91 % 92 % 91 %
Gross profit % - outsourced portals 37 % 38 % 37 % 38 %
Revenue growth - software & services 6 % 45 % 14 % 83 %
Gross profit % - software & services 64 % 63 % 66 % 61 %
Selling & administrative expenses as a % of total revenues 15 % 13 % 16 % 16 %
Operating income as a % of total revenues 20 % 24 % 20 % 21 %
 
Portal Revenue Analysis:
DMV transaction-based $ 18,575 $ 16,813 $ 53,691 $ 49,906
Non-DMV transaction-based 25,290 20,834 71,900 60,153
Portal software development 3,955 4,165 12,283 11,816
Portal management   2,378     2,038     7,078     6,113  
Total portal revenues $ 50,198   $ 43,850   $ 144,952   $ 127,988  
 

     
NIC INC.
CONSOLIDATED BALANCE SHEETS
(UNAUDITED)
Thousands except par value amount
 
September 30, 2012 December 31, 2011
ASSETS
Current assets:
Cash and cash equivalents $ 73,044 $ 61,639
Cash restricted for payment of dividend - 16,231
Trade accounts receivable, net 54,379 49,306
Deferred income taxes, net 867 916
Prepaid expenses & other current assets   11,060     5,994  
Total current assets 139,350 134,086
Property and equipment, net 17,058 8,853
Intangible assets, net 1,013 1,088
Deferred income taxes, net - 83
Other assets   251     243  
Total assets $ 157,672   $ 144,353  
 
LIABILITIES AND STOCKHOLDERS' EQUITY
Current liabilities:
Accounts payable $ 47,763 $ 45,038
Accrued expenses 20,205 16,293
Dividend payable - 16,231
Other current liabilities   194     310  
Total current liabilities 68,162 77,872
 
Deferred income taxes, net 2,407 -
Other long-term liabilities   1,292     1,405  
Total liabilities   71,861     79,277  
 
Commitments and contingencies - -
 
Stockholders' equity:
Common stock, $0.0001 par, 200,000 shares authorized,
64,625 and 64,178 shares issued and outstanding 6 6
Additional paid-in capital 99,818 96,799
Accumulated deficit   (14,013 )   (31,729 )
Total stockholders' equity   85,811     65,076  
Total liabilities and stockholders' equity $ 157,672   $ 144,353  
 

                   
NIC INC.
CONSOLIDATED STATEMENT OF CHANGES IN STOCKHOLDERS' EQUITY
(UNAUDITED)
Thousands
 
Additional
Common Stock Paid-in Accumulated
Shares Amount Capital Deficit Total
Balance, January 1, 2012 64,178 $ 6 $ 96,799 $ (31,729 ) $ 65,076
Net income - - - 17,716 17,716
Restricted stock vestings 536 - 204 - 204
Shares surrendered and cancelled upon vesting of
restricted stock to satisfy tax withholdings (167 ) - (2,093 ) - (2,093 )
Stock-based compensation - - 3,109 - 3,109
Tax deductions relating to stock-based compensation - - 1,197 - 1,197
Shares issuable in lieu of dividend payments on unvested
performance-based restricted stock awards - - (204 ) - (204 )
Issuance of common stock under employee stock
purchase plan 78     -   806     -     806  
Balance, September 30, 2012 64,625   $ 6 $ 99,818   $ (14,013 ) $ 85,811  
 
               
NIC INC.
CASH FLOW SUMMARY
(UNAUDITED)
Thousands
 
Three months ended Nine months ended
September 30, September 30,
  2012     2011     2012     2011  
 
Cash flows from operating activities:
Net income $ 5,995 $ 6,832 $ 17,716 $ 17,420
Adjustments to reconcile net income to net cash provided by operating activities:
Amortization of acquisition-related intangible assets 53 81 214 242
Depreciation & amortization 1,606 1,167 4,236 3,361
Stock-based compensation expense 1,252 1,052 3,109 3,417
Deferred income taxes 1,544 (57 ) 1,080 (483 )
Loss on disposal of property and equipment - 10 1 8
Changes in operating assets and liabilities:
(Increase) decrease in trade accounts receivable, net 750 2,047 (5,073 ) (1,797 )
(Increase) decrease in prepaid expenses & other current assets (1,021 ) 1,841 (3,607 ) (328 )
(Increase) in other assets (6 ) (13 ) (8 ) (3 )
Increase (decrease) in accounts payable (428 ) (4,829 ) 2,725 (6,985 )
Increase in accrued expenses 1,664 2,439 1,162 2,162
Increase (decrease) in other current liabilities (16 ) 42 (116 ) (139 )
Increase (decrease) in other long-term liabilities   (40 )   119     (113 )   270  
Net cash provided by operating activities   11,353     10,731     21,326     17,145  
Cash flows from investing activities:
Purchases of property and equipment (8,710 ) (1,317 ) (11,374 ) (3,890 )
Capitalized internal use software development costs   (201 )   (127 )   (550 )   (319 )
Net cash used in investing activities   (8,911 )   (1,444 )   (11,924 )   (4,209 )
Cash flows from financing activities:
Proceeds from employee common stock purchases - - 806 652
Tax deductions related to stock-based compensation   427     480     1,197     1,492  
Net cash provided by financing activities   427     480     2,003     2,144  
Net increase in cash and cash equivalents 2,869 9,767 11,405 15,080
Cash and cash equivalents, beginning of period   70,175     57,000     61,639     51,687  
Cash and cash equivalents, end of period $ 73,044   $ 66,767   $ 73,044   $ 66,767  
 
Other cash flow information
Non-cash investing activities:
Capital expenditures accrued but not yet paid $ 657 $ - $ 657 $ -
Cash payments:
Income taxes paid $ 3,205 $ 2,500 $ 11,854 $ 9,645
Cash dividends on common stock previously restricted for payment of dividend - - 16,231 -

CONTACT:
NIC Inc.
Angela Skinner, 913-754-7054
askinner@egov.com