EX-99 2 a5744027ex99.htm EXHIBIT 99

Exhibit 99

NIC Earns Five Cents Per Share in Second Quarter 2008 on a 19 Percent Increase in Portal Revenues

OLATHE, Kan.--(BUSINESS WIRE)--NIC Inc. (NASDAQ: EGOV) today announced net income of $3.2 million and earnings per share of five cents on total revenues of $25.7 million for the three months ended June 30, 2008. Operating income was $5.3 million for the quarter, up 16 percent over second quarter 2007. The company reported net income of $2.8 million and earnings per share of four cents on total revenues of $21.5 million in second quarter 2007.

Quarterly portal revenues were a record $24.6 million, a 19 percent increase over second quarter 2007. On a same-state basis, portal revenues grew 13 percent in the second quarter. Same-state, non-DMV transaction-based revenues grew 25 percent over second quarter 2007 through strong performance in tax filings, vehicle license and registrations, hunting and fishing licenses, professional license renewals, and UCC filings and searches. Same-state DMV revenues grew one percent over second quarter 2007.

NIC’s portals launched 98 new non-DMV revenue-generating services and another 188 applications are in the development pipeline. For the full year 2008, NIC has launched a total of 262 new non-DMV revenue generating applications.

“It was a solid second quarter underscored by growth that is in line with historical rates and expectations,” said Harry Herington, Chairman of the Board and Chief Executive Officer of NIC. “We remain confident in the fundamentals of the business, including our robust sales pipeline and our ability to deliver the financial results to which we have guided for fiscal 2008, despite these tough economic times.”

Selling and administrative expenses were $5.8 million in the current quarter compared to $5.4 million in the second quarter of 2007. As a percentage of portal revenues, selling and administrative expenses were 24 percent in the current quarter, down from 26 percent in the second quarter of 2007.

Cash flow from operations was $3.2 million in the second quarter. At June 30, 2008, NIC’s cash and cash equivalents totaled $41.6 million and investment securities totaled $6.5 million.


“Our investments in growth are showing multiple signs of success,” said Steve Kovzan, Chief Financial Officer of NIC. “Organic growth in our core portal business remains strong, as evident by 13 percent same-state revenue growth and record portal revenues this quarter, while our sales and marketing efforts have generated significant new state pipeline opportunities. We expect these investments to result in long-term returns in the form of earnings growth, operating margin expansion, and new state wins.”

National Information Consortium Voting Trust Dissolution

As previously announced, the trustees of the National Information Consortium Voting Trust dissolved the trust as of June 20, 2008. The trust, in place for 10 years, was managed independently of NIC and held approximately 21.4 million shares of NIC common stock, or approximately 34 percent of total shares outstanding.

Of the shares previously held by the trust, affiliates of NIC, including officers and directors, hold 13.2 million shares and the other 8.2 million shares are held by non-affiliates. Affiliate shares will be subject to the trading volume restrictions of Rule 144 of the Securities and Exchange Commission.

Upon advice of counsel, NIC submitted a written request for interpretive guidance to the SEC as to whether or not the shares distributed from the voting trust are prohibited from trading for six months after the date of the trust dissolution under Rule 144. All affiliate and non-affiliate shares distributed from the voting trust will initially be restricted from trading while NIC seeks guidance from the SEC. NIC currently anticipates receiving a response from the SEC in 30-60 days.

SEC Investigation

During the second quarter of 2008, NIC received notice from the SEC that a formal order of investigation has been issued with respect to the employee expense reimbursement and related matters that were the subject of an internal investigation completed by NIC's Audit Committee in February of this year, disclosed in NIC's Form 8-K filed on February 6, 2008.

As is frequently the case in such situations, the SEC has taken the step of obtaining a formal order of investigation to ensure the thoroughness of its investigation. The Company believes the investigation conducted by NIC's Audit Committee was thorough and independent and does not anticipate that the SEC investigation will reveal any significant additional instances of misreporting of expenses by employees.


Operating Highlights

Also during the second quarter, portal management contract renewals were approved by the states of: Arkansas (http://www.Arkansas.gov), through June 2010; Oklahoma (http://www.OK.gov), through June 2009; and South Carolina (http://www.SC.gov), through July 2009. Idaho (http://www.Idaho.gov) awarded NIC with a new three-year contract with additional renewal options through 2015. NIC has never lost a contract renewal or competitive rebid opportunity.

“We are proud to continue serving our partners in Arkansas, Idaho, Oklahoma, and South Carolina,” said Herington. “Together, we are uniquely able to deliver the online services citizens and businesses demand through financial models and unmatched experience that benefit states and end users.”

Second Quarter Earnings Webcast and Call Replay Details

Wednesday, July 30, 2008

4:30 p.m. (EDT)

An audio replay of NIC’s second quarter earnings call will be available until 11:00 p.m. (EDT) on August 6 by dialing 1-800-405-2236 and using passcode 11116674. International callers may dial 303-590-3000 and use the aforementioned passcode to access the audio playback.

Webcast Information

To sign in and listen: The Webcast system is available at http://www.nicusa.com/investor.

A replay of the Webcast will be available until 11:00 p.m. (EDT) on October 29, 2008, by visiting http://www.nicusa.com/investor.

The conference call replay will also be available via Podcast download by visiting http://www.nicusa.com/investor.

About NIC

NIC manages more eGovernment services than any provider in the world. The company is helping governments communicate more effectively with citizens and businesses by putting essential services online. NIC provides eGovernment solutions for 2,900 state and local agencies that serve more than 70 million people in the United States. Additional company information is available at http://www.nicusa.com.

The statements in this release regarding continued implementation of NIC's business model and its development of new products and services are forward-looking statements. 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, the success of the Company in signing contracts with new states and government agencies, including continued favorable government legislation; NIC's ability to develop new services; existing states and agencies adopting those new services; acceptance of eGovernment services by businesses and citizens; competition; and general economic conditions and the other important cautionary statements and risk factors described in NIC's 2007 Annual Report on Form 10-K filed on March 17, 2008, with the Securities and Exchange Commission.


NIC INC.
FINANCIAL SUMMARY
(UNAUDITED)
Thousands except per share amounts
       
Three months ended Six months ended
June 30, June 30,
2008 2007 2008 2007
Revenues:
Portal revenues $ 24,621 $ 20,610 $ 48,417 $ 40,478
Software & services revenues 1,081   866   1,964   1,632  
Total revenues 25,702   21,476   50,381   42,110  
Operating expenses:

Cost of portal revenues, exclusive of depreciation & amortization

13,006 10,419 25,711 20,873

Cost of software & services revenues, exclusive of depreciation & amortization

707 493 1,140 964
Selling & administrative 5,822 5,445 11,785 10,565
Depreciation & amortization 899   577   1,745   1,112  
Total operating expenses 20,434   16,934   40,381   33,514  
Operating income 5,268   4,542   10,000   8,596  
Other income (expense):
Interest income 110 317 443 897
Other expense, net -   -   (20 ) -  
Total other income 110   317   423   897  
Income before income taxes 5,378 4,859 10,423 9,493
Income tax provision 2,198   2,107   4,255   3,995  
Net income $ 3,180   $ 2,752   $ 6,168   $ 5,498  
 
Basic net income per share $ 0.05   $ 0.04   $ 0.10   $ 0.09  
Diluted net income per share $ 0.05   $ 0.04   $ 0.10   $ 0.09  
 
Weighted average shares outstanding
Basic 62,497   61,769   62,309   61,711  
Diluted 62,956   62,256   62,795   62,113  
 
Key Financial Metrics:
Revenue growth - outsourced portals 19 % 16 % 20 % 16 %
Same state revenue growth - outsourced portals 13 % 14 % 13 % 15 %
Recurring portal revenue percentage 92 % 95 % 91 % 94 %
Gross profit % - outsourced portals 47 % 49 % 47 % 48 %
Selling & administrative as a % of portal revenue 24 % 26 % 24 % 26 %
Operating income margin as a % of portal revenue 21 % 22 % 21 % 21 %
 
Portal Revenue Analysis:
DMV transaction-based $ 11,790 $ 11,275 $ 23,700 $ 22,736
Non-DMV transaction-based 9,050 7,266 16,627 13,281
Software development & portal management 3,781   2,069   8,090   4,461  
$ 24,621   $ 20,610   $ 48,417   $ 40,478  

NIC INC.
CONSOLIDATED BALANCE SHEETS
(UNAUDITED)
Thousands
         
 
June 30, 2008 December 31, 2007
ASSETS
Current assets:
Cash and cash equivalents $ 41,575 $ 38,236
Short-term investments - 17,600
Trade accounts receivable 34,388 28,149
Unbilled revenues 591 720
Deferred income taxes, net 7,008 6,746
Prepaid expenses & other current assets 1,647   2,143  
 
Total current assets 85,209 93,594
Long-term investments 6,545 -
Property and equipment, net 6,695 6,110
Deferred income taxes, net 6,914 10,809
Other assets 1,149   863  
 
Total assets $ 106,512   $ 111,376  
 
LIABILITIES AND SHAREHOLDERS' EQUITY
Current liabilities:
Accounts payable $ 37,964 $ 36,498
Accrued expenses 6,949 6,848
Application development contracts 282 353
Other current liabilities 368   99  
 
Total current liabilities 45,563 43,798
 
Other long-term liabilities 714   714  
Total liabilities 46,277   44,512  
 
Commitments and contingencies - -
 
Shareholders' equity:
Common stock, no par, 200,000 shares authorized 62,655 and 62,031 shares issued and outstanding
- -
Additional paid-in capital 153,542 165,934
Accumulated deficit (92,734 ) (98,902 )
Accumulated other comprehensive loss (405 ) -  
60,403 67,032
Less treasury stock (168 ) (168 )
Total shareholders' equity 60,235   66,864  
Total liabilities and shareholders' equity $ 106,512   $ 111,376  
NIC INC.
CONSOLIDATED STATEMENTS OF CHANGES IN SHAREHOLDERS' EQUITY
(UNAUDITED)
Thousands
   

 

         
 

Accumulated
Other
Comprehensive
Loss

Addition
Paid-in
Capital

Common Stock

Accumulated
Deficit

Treasury
Stock

Shares   Amount           Total
Balance, January 1, 2008 62,031 $ - $ 165,934 $ (98,902 ) $ - $ (168 ) $ 66,864
Net income - - - 6,168 - - 6,168
Unrealized holding loss on marketable securities - - - - (405 ) - (405 )
 
Cash dividends on common stock - - (15,709 ) - - - (15,709 )
Shares surrendered upon vesting of restricted stock to satisfy tax withholdings
(6 ) - (43 ) - - - (43 )
Stock options exercises and restricted stock vestings
568 - 1,852 - - - 1,852
Stock-based compensation - - 1,228 - - - 1,228
Issuance of common stock under employee stock purchase plan
62     -   280     -     -     -     280  
Balance, June 30, 2008 62,655     $ -   $ 153,542     $ (92,734 )   $ (405 )   $ (168 )   $ 60,235  

NIC INC.
CASH FLOW SUMMARY
(UNAUDITED)
Thousands
         
Three-months Ended Six-months Ended
June 30, June 30,
2008 2007 2008 2007
 
Cash flows from operating activities:
Net income $ 3,180 $ 2,752 $ 6,168 $ 5,498
Adjustments to reconcile net income to net cash provided by
operating activities:
Depreciation & amortization 898 577 1,745 1,112
Stock-based compensation expense 707 453 1,228 864
Application development contracts (34 ) (41 ) (71 ) (80 )
Deferred income taxes 1,871 1,750 3,633 3,406
Loss on disposal of property and equipment 1 - 20 -
Changes in operating assets and liabilities:
(Increase) decrease in trade accounts receivable (1,875 ) 9,125 (6,239 ) 417
(Increase) decrease in unbilled revenues (268 ) (236 ) 129 628
(Increase) decrease in prepaid expenses & other current assets 7 (282 ) 496 168
Decrease in other assets - 2 - 2
Increase (decrease) in accounts payable (2,714 ) (4,517 ) 1,466 (4,022 )
Increase in accrued expenses 1,175 1,037 58 1,096
Increase in other current liabilities 283 101 269 104
Increase in other long-term liabilities -   122   -   122  
 
Net cash provided by operating activities 3,231   10,843   8,902   9,315  
Cash flows from investing activities:
Purchases of property and equipment (951 ) (612 ) (2,228 ) (1,658 )
Capitalized internal use software development costs (225 ) (122 ) (408 ) (181 )
Purchases of investments - (2,000 ) (1,000 ) (2,000 )
Sales and maturities of investments -   -   11,650   45,008  
 
Net cash provided by (used in) investing activities (1,176 ) (2,734 ) 8,014   41,169  
Cash flows from financing activities:
Cash dividends on common stock - - (15,709 ) (46,730 )
Proceeds from employee common stock purchases - - 280 239
Proceeds from exercise of employee stock options 1,091   52   1,852   506  
 
Net cash provided by (used in) financing activities 1,091   52   (13,577 ) (45,985 )
 
Net increase in cash and cash equivalents 3,146 8,161 3,339 4,499
Cash and cash equivalents, beginning of period 38,429   33,083   38,236   36,745  
 
Cash and cash equivalents, end of period $ 41,575   $ 41,244   $ 41,575   $ 41,244  
 
Other cash flow information:
Income taxes paid $ 102   $ 340   $ 469   $ 603  

CONTACT:
NIC Inc.
Nancy Beaton, 913-754-7054
nbeaton@nicusa.com